Category: Discourse

  • Why FIRS’ new VAT payment system is counterproductive, by expert

    Why FIRS’ new VAT payment system is counterproductive, by expert

    By Dr Gbenga Adeoye

    Tax is not something people enjoy paying, especially when they cannot see corresponding benefits. Hence, making it difficult is like someone not wanted in a city raising songs (Yoruba Proverb).

    A man they want to roast as ‘suya’ does not rub palm oil on his body and stand beside the fire because that will make the work of those who want to roast him easy.

    When people are looking for how to avoid tax, do not compound the problem by making payment difficult for them. Taxpayers and difficult payment systems are not compatible.

    Any student of taxation knows that one major principle of tax administration is that it must be easy to pay. This is hinged on the Canon of Convenience among others by Adam Smith.

    Recently, the acceptance certificate for an asset worth N500,000 was discussed extensively and 99 per cent of Nigerians believe that such a policy is outdated because even just one laptop and table is over N500,000.

    Asking people to go get any acceptance certificate is more or less an attempt to impose an unnecessary burden on SMEs. Some FIRS Team still ask for this during the audit when we all know it is unreasonable. There are other ways to verify asset cost.

    The filing of March 2023 VAT, which was meant to be filed on or before April 21 suddenly requires that you upload an Excel sheet showing the Name of your Customers/ Client, Tax Identification Numbers, Amount of Sales, Code representing the Nature of Transaction, which is either of the following: O for Vatable; 1 for Zero Rated; 2 for Exempted, E. Type of Services or product; F. Description of Product or Service.

    A video was posted on Tax Pro Max asking that each sheet can take 1000 line items (funny numbers). How do you begin to fill an Excel sheet containing all the above fields with 1000? You will not be able to file if you sell items in pieces such as soft drinks.

    FIRS claimed that once you indicate the TIN of a taxpayer, the respective VAT against such taxpayer will go to the system as input VAT as a second leg. Hence, there is no room for you to post local purchases that will enable you to claim or enjoy input VAT.

    The question is: does FIRS think all taxpayers will file at the same time? If the person you bought from is yet to file, it means you will have no input VAT. That means you will have to pay double VAT.

    Most CEOs could not sleep from the 19th to the 21st of April 2023 because many couldn’t file the VAT. Some eventually gave up.

    Another issue about VAT is that FIRS is yet to understand the reality in business and a good example is as follows. You buy goods for N100,000. You sell with a 2 per cent profit, meaning you sell for N102,000.

    In any case, because of competition, you cannot sell above N102, 000 and no buyer will listen to your explanation that you charged VAT on it and as the price had to be higher than N102,000.

    Meanwhile, most times where you bought from, there is nothing like input VAT in your favour and as such, FIRS is looking at your sales of N102,000 and asking you to come and pay VAT of N7,650 (quite logical, isn’t it, but very unreasonable and against ease of doing business and a show of lack of understanding of industrial practice in such sector).

    Once you pay N7,650 as expected, your profit of N2,000 is gone. Then FIRS takes another N5,650 from your trading Capital. Do you think any businessman is stupid to pay such?

    Assuming you are trading with N100,000 and you pay the N7,650, which is rare, but let us assume you pay, if the business maintained the same level of transactions over 18 months, the entire capital would have been wiped off in the name of VAT without considering overheads.

    For so many taxpayers, nothing was shown as input VAT and yet no room for posting cost which the system uses to calculate input VAT. Many posted their cost to imported cost so that their actual VAT can be seen.

    The Excel sheet introduction is not going to work when it comes to inputting VAT claims because the entity you bought from may not have filed at the time you are filing and as such, there should be a space for the posting of local purchases.

    Over-the-counter transactions also do not give room for you to start asking for Tax Identification Numbers of customers. Yes, it is also there that you can put zero if you don’t know the TIN, but the question is why the stress.?

    Here are my suggestions for FIRS. Allow normal VAT filing to continue as it used to. You can ask for a schedule of sales as mere additional documents with or without TIN and where the customer’s name is unknown, allow taxpayers to insert “VARIOUS” to combine many customers. The truth is that such favours FIRS in that no one will claim such VAT as input anyway.

    Leave the role of requesting additional information with various tax offices. They know what to do to validate claims of sales and purchases. Use VAT monitoring and Audit exercise to cross-check records of filings and stop stressing taxpayers with unreasonable additional burdens.

    The newly introduced system is counterproductive and that account for why FIRS had to extend filing till April 30 for March VAT. If a step is taken to verify collection for March, it will be below expectation. FIRS and indeed all agencies dealing with the public should engage stakeholders and professionals before introducing any policy.

    Please note that many companies have not recovered from the damage done by the CBN Naira redesign policy on the economy and so, introducing this new filing method will amount to adding salt to injury

    Such pain is not good at the time of tax payments as it negates the Canon of Taxation and is contrary to ease of doing business because productive time is wasted on irrelevant and counterproductive exercises.

    All these circulars going around about seminars on the new policy should be converted to apologies to taxpayers as it constitutes medicine after death where the cart has been put before the horse.

    Adeoye, lawyer and Fellow of Institute of Chartered Accountants of Nigeria and Chartered Institute of Taxation of Nigeria, can be reached via dga@gbengaadeoye.com

  • Understanding the Imperatives of NDDC, PPP Summit

    Understanding the Imperatives of NDDC, PPP Summit

    The new leadership of the intervention agency in the Niger Delta is exploring an innovative approach to its task, writes Willie Etim

    As an interventionist agency, the Niger Delta Development Commission (NDDC), with the mandate to drive the process of developing Nigeria’s oil-rich region was established by the NDDC Act of 2000. Its mandate was to facilitate the rapid, even, and sustainable development of the Niger Delta into a region that is economically prosperous, socially stable, ecologically regenerative, and politically peaceful.

    It is no longer news that the Niger Delta produces nearly 75 per cent of the nation’s export earnings, but the news is that 43 per cent of the region’s population still lives below the poverty line. This paradox is due primarily to ecologically unfriendly exploitation of oil and gas resources that expropriate the region’s indigenous people and their right to these resources. Hence, the Niger Delta Development Commission is determined to change this narrative and bring back prosperity to its land and people. 

    There is no gainsaying the fact that the story of the oil-rich region has changed for the better since the coming on board of Dr. Samuel Ogbuku as Managing Director of the Commission.  Since he took over the helm of affairs at the commission, he has been able to articulate the demands of the people, embarked on practical initiatives to complete the gargantuan projects which he met and conceived, and carried out the execution of several other projects for the benefit of the people, and by so doing, calmed the restiveness which abinitio signposted the region.  

    At the Public Private Partnership (PPP) Summit which was held at the Eko Hotel, Lagos State on Tuesday, April 25, 2023, Dr. Ogbuku made it clear that since its inception, the NDDC had tried to faithfully deliver on its mandate to fast-track the development of the Niger Delta region as envisioned in its enabling Act. 

    Speaking on the theme of the Summit: “Rewind to Rebirth” and re-igniting the importance of stakeholders in the agency’s engagements,” Ogbuku disclosed that as part of the efforts to renew and reposition the NDDC, the Governing Board has stepped up collaboration with various stakeholders. “We have started engagement with the key stakeholders, such as the oil companies, who contribute three per cent of their operational budget to the Commission; the state governments, traditional rulers, Civil Society Groups, youth organisations, and contractors,” he said. 

    He disclosed that the NDDC has met with members of the Oil Producers Trade Section (OPTS), of the Lagos Chamber of Commerce and Industry, who are no doubt critical stakeholders of the Commission. “This group, which embodies the International Oil Companies (IOCs), stands out for us because we need their cooperation to get full and prompt remittances of their contributions as prescribed by law,” he stated. 

    He maintained that it was important to engage stakeholders in project conceptualisation and execution, adding that the oil producers work in the communities and sometimes have first-hand information on the needs of the local people. He explained that the NDDC could not shoulder the enormous responsibilities of developing the Niger Delta region alone. 

    It was against this background that the current Board and Management of the agency, in its bid to effectively drive sustainable development in the region, decided to adopt the Public Private Partnership (PPP) model to provide an alternative source of funding for key development projects and programmes. That was why in January 2023, it constituted a Management Committee on Public-Private Partnership to drive the vision of fast-tracking the development of the region. The committee is expected to review all the Commission’s existing partnerships as well as explore new partnerships that will result in enduring regional projects. 

    Ogbuku emphasised the need for institutional collaboration with Civil Society Organisations (CSOs), Community-Based Organisations (CBOs), and international institutions. “We need the assistance of foreign institutions such as multilateral agencies, foreign government agencies, donor agencies, and multinational corporations, to promote sustainable development in the Niger Delta region,” he said.

     His targets are multilateral agencies such as the World Bank, African Development Bank (AfDB), United Nations Development Programme (UNDP), and International Monetary Fund (IMF) which can provide technical support, funding, and policy advice to the NDDC. These agencies, according to him, have wide experience promoting sustainable development in developing countries and can give us valuable insights and direction.  

    Other foreign government agencies he is looking at include the United States Agency for International Development (USAID), the Department for International Development (DFID) in the UK, and the German Agency for International Cooperation (GIZ), which he disclosed, could equally partner with NDDC to promote sustainable development in the region. 

    “These agencies can provide funding, technical assistance, and policy guides, as well as collaborate with us on specific programmes and projects. Multinational corporations such as Shell, Chevron, ExxonMobil, and Total, have a significant presence in the Niger Delta region. We expect them to collaborate more with us in executing legacy projects. They have what it takes to provide funding, technical assistance, and expertise in environmental management, community development, and corporate social responsibility,” he said. 

    Ogbuku explained that the ‘Rewind to Rebirth’ initiative, was a strategic vision designed to recalibrate the Commission’s engagement with the Niger Delta and the NDDC’s overall intervention implementation plan. Embedded in this initiative include exploring more avenues for funding, better technical expertise, for higher yielding varieties of crops, as well as opportunities for collaboration and investment in the Niger Delta region. This initiative aligns with the NDDC mandate, as well as the Sustainable Development Goals 17, which focuses on partnerships. This is the stirring story of the Commission’s partnership with the SPDC Joint Venture on the celebrated Ogbia-Nembe Road, in Bayelsa State. 

    As a realist, he did not forget to mention some of the challenges confronting the NDDC development roadmap which he said included inadequate funding for the Commission, emanating from inconsistent statutory contributions from the Federal Government and failure of some oil and gas companies operating within the region to remit their contributions in line with the NDDC Act; Failure of ownership of the Masterplan by the sub-nationals and other key stakeholders; Frequent changes in the leadership of the Commission and Consistent delays in the passage of the Commission’s budget by the National Assembly, among others.  

    He assured: “Today, we have introduced a lot of innovations that have helped in boosting the morale of our staff. We have also restructured the administrative system of NDDC by going back to the 13 Directorates recognised in the NDDC Act. It was necessary to reorganise the administration to enhance better service delivery. We are showing in our operations, through our example and conduct, how diligence, due process, and transparency are key ingredients to building confidence and trust among all partners and stakeholders. We are committed to not just being transparent, but we want to be seen to be transparent.” 

     Stakeholders and political leaders used the opportunity offered by the summit to shower encomiums on the minister of Niger Delta Affairs, Umana Okon Umana, and

    Ogbuku, for engendering public confidence in the agency through their commitment to good governance. 

    The chairman of the Senate Committee on Appropriations, Sen. Matthew Urhoghide;  Senator-elect and former chairman of the All Progressives Congress (APC), Adams Oshiomhole; former Managing Director of the NDDC, Mr. Timi Alaibe and former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Mr. Dakuku Peterside, were among those, who acknowledged the transformation of the commission under Umana and Ogbuku leadership. 

    The participants and stakeholders commended President Muhammadu Buhari for returning sanity and order in the running of the NDDC and noted the salutary impact of the president’s action on peace and stability in the Niger Delta. 

    Other dignitaries that graced the occasion included the Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Engr. Simbi Wabote, who also delivered a paper titled “Innovative Funding and Sustainable Development for the Niger Delta”.  

    Others who delivered keynote addresses included Kayode Kyalidson, who advised the federal and state governments on a donor-funded transport initiative between 2009 and 2016; Nimi Wilson-Jack, a sound legal practitioner of more than 39 years experience and a former Secretary-General of the Nigerian Bar Association (NBA); Janita Ferentinos, a certified PPP Consultant and trainer with over 20 years experience; Oliver Everett, a former CEO of Common Wealth Enterprise and Investment Council and Chair of Commonwealth Business Forum, Kigali 2020 Taskforce; and Abubakar Suleiman, a Nigerian Banking and Economics professional and the current Managing Director/Chief Executive Officer of Sterling Bank.

    Etim, the media assistant to the NDDC managing director, writes from Port-Harcourt

  • I will support education until I leave planet earth, says Afe Babalola

    I will support education until I leave planet earth, says Afe Babalola

    By Tunde Olofintila

    Elder Statesman and Founder of the increasingly famous Afe Babalola University, Ado-Ekiti, Aare Afe Babalola, SAN, has vouched to continue supporting education until he leaves the planet earth.

    Babalola, the pioneer Chairman of Council of Federal Polytechnic, Ado-Ekiti, and former Pro-Chancellor of the University of Lagos who has built and donated towering edifices to Institutions of Higher Education, Hospitals and Professional Bodies in the country, said even though he did not have the advantage of Secondary or University education due to paucity of funds, he would continue to deploy his God-given ability of working hard to achieve positive and admirable results in the country’s educational landscape.

    The legal juggernaut who was receiving Mr. David Abi, the Assistant Commandant-General (Training and Manpower Development) of the Nigerian Security and Civil Defence Corps, NSCDC, and his entourage in his office in Ado-Ekiti recently, used the opportunity to establish an infallible nexus between prayer and work.

    His words: “Äfe Babalola University was conceived on faith, nurtured in faith and faith never fails. Even though I did not have the opportunity of going beyond Primary School because of lack of funds, God has endowed me with something extra: the ability to work hard to achieve desired results.

    “It is a notorious fact that our university is barely 13 years old. Its young age notwithstanding, we can boldly say that we have overshot our expectations. Thanks to the cooperation of our committed teachers, our dear parents, our well-behaved students and such stakeholders as the National Universities Commission, NUC, the Medical & Dental Council of Nigeria, MDCN, the Council for Legal Education and the Nigerian Society of Engineers among others.

    “It was through the collective efforts of all these stakeholders that the university has done so well in those 13 years to the extent that it was able to navigate its way to the top as Number 1 University out of the 221 universities in Nigeria and Number 321 globally according to the 2022 ranking of the highly respected Times Higher Education Impact Rankings.

    “For me, hard work and prayer are synonymous. That is why I often tell my students that ‘He prays most who works hardest’. I believe very fervently that if you pray all day without commensurate work, you will die of hunger”.

    The elder statesman was full of encomiums for the NSCDC for its manifest discipline and urged the leadership of the Corps to keep the flag of discipline flying, with a promise to cooperate with the security outfit in all areas, including making his 400-bed ABUAD Multi-System Hospital available for employment screening and Residency Training for interested NSCDC’s medical personnel.

    According to him, the major problem afflicting the country today is indiscipline, a development which has led to such problems as insecurity where lives are no longer safe on the road, on the farm, at home, in the classrooms, at airports and on moving trains, spiral unemployment, double digit inflation, underfunded institutions, poor infrastructures, different shades and shapes of violence, banditry, kidnapping for ransom, grinding poverty and an excruciating debt burden among several others.

    Expressing fears that Nigeria is in serious trouble, Babalola wondered how a government that finds it difficult to pay the interests on its loans would be able to comply with Section 14 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, which provides that: “The security and welfare of the people shall be the primary purpose of government”.

    Earlier, Abi had described Babalola as a versatile Nigerian. After touring the expansive university, the Multi-System Hospital, the ABUAD Integrated Farms, the Industrial Park and the Independent Power Plant, the NSCDC boss said: “If we have three more of your type in this country, the story will change for the better. If we all work the way you are working, even at your age, there will be no hunger in this country”.

    He added: “I have come, I have seen and I am convinced. I am born again. I commend you for the projects on the farm. We will protect your farm through our Agro-Rangers.

    “We have earlier discussed probable areas of collaboration with the university management. Such areas include Staff Training, Manpower Development, Intelligence & Strategic training, Health & Paramedical support system and Short Certification Courses for the Officers and Men of the Corps. We will not be too far away from you. We wish you well sir.

    “ABUAD is a standard institution of Higher Education and the Corps would be glad to work with the citadel of learning. The University can stand as a provider of goods and services to the nation, after all, it generates its own electricity and provides its own potable water among several other goodies. Above all, it has an experimental farm big enough to ameliorate hunger in Nigeria.

    In her own remarks, ABUAD’s Vice Chancellor, Prof. E. Smaranda Olarinde, said the 13-year-old university had opened its doors to the NSCDC to explore.

    She challenged Officers and Men of the Corps to be partakers of the quality and functional education on offer in ABUAD by coming for further studies in the university, which she said had designed a curriculum that fits the work schedule of the Corps with affordable financial implications.

    • Olofintila is the Director, Corporate Affairs of ABUAD

  • Club institutes medical outreach for traders on Lagos Island

    Club institutes medical outreach for traders on Lagos Island

    Eko Club Atlanta (ECA) and Iyalaje of Holloway Market, Oke Arin, Lagos Island, Mrs. Esther Ogundele, have partnered to bring medical care to traders at Oke Arin Market on Lagos Island.

    President of ECA, Deji Ajiboye, said the initiative is the club’s way of giving back to the society and bridging the health gap in Nigeria.

    Ajiboye urged Nigerians to conduct health checks as it would prevens illnesses.

    He said: “We know how our society is, and we know people out there need help. But the government cannot do it alone, so Eko Club Atlanta has decided to give back to community.

    “We understand how things are in Nigeria today, but we still want our people to be conscious of their health, so we organised this to bring quality healthcare to the grassroots thereby alleviating their situation. It’s self-sponsored but members were willing to do this to encourage people to take regular health checks…”

    FROM LEFT:
    Public Relations Officer, Eko Club Atlanta (ECA) Mrs. Khairat Animashaun-Ajiboye; President Deji Ajiboye; Supervisor for Health, Lagos Island Local Government Area, Sultan Alabi-Macfoy; Iyalaje of Holloway Market, Lagos Island, Mrs. Esther Ogundele; Ex-President, ECA, Mrs. Toyin Ola; member Dr. Busola George; Rotn. Isola Ogunsola and Vice Chairman (Mission) Mrs. Wunmi Isiotan-Akinsanya, at the medical outreach sponsored by Mrs. Ogundele and ECA at Oke-Arin Market, Lagos Island.

    Mrs. Ogundele said she decided to bring the initiative to  the market because she wants people to lead healthy lives to  focus on living.

    Read Also: Council partners Eko Club Atlanta for free healthcare

    “I choose to do this for my people in the market because most of them are the breadwinners and so don’t take time to take care of their health. They would rather self-medicate when they show certain symptoms but we want to stop this.

    “I am also doing this because giving back to the society is what gives me joy and makes living meaningful to me and I am glad this came to reality and people are getting attention.

    “It is good for us to check our health status regularly and get treatment and that is why I will do whatever I can for whoever requires treatment after this outreach.”

    Eko Club Atlanta medical mission is held once in two years. The 2023 mission, a five day event, held in five locations – Ojodu Local Government Area in conjunction with council chairman; Lagos State Parks and Garages Management (LASPGM), Agege, Holloway Market, Lagos Island; Methodist Church, Ikate, Surulere; and Mushin Local Government.

    Beneficiaries were treated to blood pressure, sugar level, dental and eye checks, cervical cancer screening, as well as free medication.

  • Bird flu: Fed Govt adopts ‘no vaccination’ policy as farmers lose 3.4m birds in six years

    Bird flu: Fed Govt adopts ‘no vaccination’ policy as farmers lose 3.4m birds in six years

    Federal Government has announced it is adopting the no vaccination policy approach to tackle Avian Influenza, popularly known as  Bird Flu.

     The Nation learnt from 2017 till date, Nigeria has witnessed 476 outbreaks, with about 3.4 million birds lost as a result of the outbreak.

     Minister of Agriculture and Rural Development, Dr Mahmood Abubakar spoke yesterday while briefing reporters in Abuja.

     The decision, he said, came after consideration of scientific and socio-economic evidences available to the ministerial committee on merits and demerits of vaccination or no vaccination, best global practices as well as recommendations of the World Organization for Animal Health (WOAH).

      Abubakar said the committee recommended the country should stick to the ‘No Vaccination’ policy for now.

     He noted the ministry is committed to the control and eradication of avian influenza.

     Abubakar called on  development partners, individuals and organisations to support the country’s course to fight the disease devasting the  poultry industry and livelihood of farmers.

     Director of Veterinary and Pest Control Services at the ministry, Dr Columba Vakuru, said the no vaccination policy would save the country money to be used to import vaccine.

     Vakuru said if the country can control the disease without vaccination, it means Nigeria has demonstrated that its surveillance system is vibrant and up to the task of containing the disease.

     “We will also have demonstrated that we are capable of regulating our poultry industry to the level that we will take stringent measures.

    “The vaccine is not going to come free, unfortunately for us; we have not started producing the vaccine within the country”, Vakuru added.

    Analysing how the disease has affected poultry industry, he said from 2017 till date, the country has witnessed 476 outbreaks, with about 3.4 million birds lost as a result of the outbreak.

  • Adamawa debacle: Before we crucify NBC

    Adamawa debacle: Before we crucify NBC

    By Adewale Onasanya

    Nigeria politics, especially during elections, has always been an interesting game. Among other challenges is the fact that everything is politicised and viewed with emotional attachment. At this point, most Nigerians throw caution into the winds and react to issues based on interests. Of course, considering the elementary political science teaching that everybody is a political animal, one tends to defend his or her interest.

     As a passionate Nigeria who is equally disturbed by the absurdity in the polity, the recent Adamawa brouhaha is nauseating to me. It ridicules not only the electoral umpire, the Independent National Electoral Commission (INEC), but the entire country. The shenanigans played out while the Adamawa election drama dragged on was enough to make an average patriotic Nigerian sick in the heart. From the desperation of the politicians to the presumed lack of neutrality on the part of INEC officials and the suspense created by the actors in the drama were all ridiculous to say the least. As a commentator submitted, it is difficult if not impossible to put the script of the Adamawa governorship election together except from a warped mind with infinite capacity for evil. I agree totally with this submission because it has forever given an indelible mark to the image of INEC and perhaps the country as a whole.

     While one may not be able to judge the electoral body based on results from a supplementary election due to many hitches, the body can be condemned for not putting its house in order and giving Nigeria a seamless exercise on the final day. What that ugly development portrayed is that the INEC’s house is divided. The drama of absurdity simply put a question mark on their independent status and neutrality in the exercise. The peak of the body’s insincerity was the role played by Mr. Hudu Yunusa, the REC who played the role of a usurper by carrying out the functions of the Returning Officer.

     That said, I think stakeholders who are blaming the National Broadcasting Commission (NBC) for not sanctioning the Nigeria Television Authority (NTA), also allowed their emotions to set in and ruled. Yes, NTA might have better access to news because it’s a public broadcasting station, if there would be sanctions over the Adamawa imbroglio, almost all the radio and television stations should be sanctioned. Again, this may be wrong if due diligence is not followed. It’s sad that we seem to think that those journalists on ground are not human. As professionals, their first duty is to report happenings and inform the public. In Adamawa that was what NTA staff and other reporters on ground did.

     One issue those debating and profiling NTA have not raised or mischievously ignored is the setting of the scene of the announcement which gave a semblance of authority. In a hall where a Police Commissioner, personnel of the Department of State Services (DSS) and the Nigeria Security and Civil Defence Corps (NSCDC) were present, for Christ’s sake, how would the journalists have imagined that it was nothing but a ruse?

     Another issue raised which can be faulted was the covering of the acceptance speech delivered by the candidate of the All Progress Congress (APC), Aishatu Dahiru, a.k.a Binani, by the national television. To me, this is like calling a dog a bad name in order to hang it. One, between the time the controversial announcement by the REC took place and the time the beneficiary of the shady result gave his acceptance speech, one solid hour had passed. By then, almost all Nigerians had given up on the election that had been concluded and the winner had emerged. Obviously, the NTA guys and other journalists on ground would have assumed that INEC’s an hour silence was an indication that the announcement so made was from the body truly. Theirs was to report and they did alongside other journalists in the broadcasting and print media.

     That some Nigerians, with obvious personal issues to grind with NBC, are now using this exercise to call for the head of the regulatory body is unnecessary. All over the world, broadcasting regulation is key and sacrosanct to control content and promote peace in the land. As the official regulatory organ of the government established to monitor, supervise and regulate the broadcast industry in Nigeria the NBC is saddled with a responsibility to make players in the industry play by the rules with adherence to professionalism. Without an NBC to regulate and reshape the industry, Nigeria will be thrown to the state of anarchy, hence the need to wield the big stick when the need arises.

     I think our problem as a nation is that we want the best but we cannot make the sacrifice. In saner climes where institutions are strong, politicisation of national issues are not encouraged. But we are in Nigeria where there is no trust and where everybody lives with suspicion, I woke up this morning and asked myself if there was any station in the past that has been sanctioned without reason, My answer is no. I asked myself again if Nigerians had ever generally condemned those stations for wrongdoing and commend NBC, my answer again is yes and no. Yes, because those who benefit from such a sanction would jubilate and no, because the promoters of the reason for the sanction would always kick. There is no gainsaying the fact that NBC had in the past sanctioned many organisations but the truth is that I also learnt of times NBC had sanctioned the NTA. The difference is that NTA would take it in good faith and accept the sanction without calling a press conference, perhaps because it’s a government body sanctioned by another government body. But the private owners would simply turn their sanctions to blackmail to win public sympathy. This is definitely not how to build a good nation. In the light of this, I find the comparative analysis being churned out by various armchair analysts between the recent sanction of Channel Television over an interview with Datti Baba Ahmed, Vice Presidential candidate of the Labour Party and the Adamawa electoral coverage as an illogical argument. They are simply two different issues.

     The issue is that NTA did not do anything wrong in the real sense. The question is this: did NTA run the acceptance speech AFTER or BEFORE the electoral body disowned the announcement of the APC candidate? I doubt. If this was so, then it means that as at the time the woman was giving the acceptance speech, the belief was that she actually won the election. 

    Sources also informed that Festus Okoye, the INEC spokesperson was not reachable which means that by the time Nigerians realised that the rogue INEC official had taken them for a ride, the damage has been done.

     Has the NBC goofed in the past? Several times. But that can never change the fact that the Commission has been doing a yeoman’s job in a country where politicians own so many electronic media outlets and will always want to do everything to ensure they get away with infractions.

     And this is what the NBC has been resisting. It deserves our accolades. Not condemnation.

    Onasanya, a broadcasting enthusiast, wrote in from Lagos.

  • ‘We’ll work with govt for society’s good’

    ‘We’ll work with govt for society’s good’

    Association of Lagos State Retired Heads of Service and Permanent Secretaries (ALARHOSPS) has reiterated its readiness to work with President-elect, Bola Tinubu and Lagos State Governor Babajide Sanwo-Olu to achieve the goals of attaining developed society.

     President, Femi Olugbile, speaking at its Ninth Annual General Meeting, noted the elections were fraught with ‘controversies and animosity that almost degenerated into breakdown of law and order’.

      “Last year was filled with positive and negative actions; there were challenges for individuals and the association. There almost seemed to be a deep and worrisome cleavage between people and generations.

     “Happily, many of these controversies have gone down in pitch as reality has supervened. The elections have come and gone. By and large, the will of people has prevailed. It is pertinent to reiterate our resolve to continue to work to help our state and country to achieve the goals of creating a happy, developed, egalitarian society,” he said.

     Olugbile, however, said the association is seeking to build for future by trying to arrange corporate partnership and sponsorships for  its activities.

     “We are strengthening capacity of our ALARHOSPS Consults to earn income, anticipating a time when subvention may dry up or become insufficient. We are also seeking to build our welfare fund that will be able to fund our obligations. From income generated, we are converting the scheme into an insurance scheme of sorts with long term sustainability.”

     ALARHOSPS is a voluntary association of retired Lagos State civil servants in the category of permanent secretary and head of service. The group was formed with the sole aim of providing valuable advice to the government from the pool of great intellectuals who form members of the association. The group, as part of its mandate, puts up position papers on issues affecting the society, and presents same to the government for sustainable actions.

  • Tinubu’s traducers should be tired by now

    Tinubu’s traducers should be tired by now

    The lies are getting deeper; the propaganda steeper, and the curses and insults sicker. There should be limits to crudity. Asiwaju Bola Ahmed Tinubu is Nigeria’s president-elect and will be sworn in as president in a few weeks. So, naturally, he should be accorded the dignity and regard his station demands.

      In the build-up to the 2023 presidential election, tale contrivers in the service of chief traducers mass produced objectionable conjectures, fibs, dangerous fallacies, and obtrusive slander against the president-elect. I would not want to repeat them here to give life to extinguished lies exiled in the sarcophagus of dead matter.  

    The invented tales did not stop Nigerians from signing a social contract with the president-elect. They voted for him overwhelmingly. Really, fake news is the weapon of desperate losers. And citizens could see through the veneer of the fallacies and fermented lies.  

    But the mischief, malice, and execrable contrivances persist even after the elections. It appears every week new malicious cock and bull stories are crocheted from the lie-knitting factory of some sore individuals. These maligners should be tired by now.

    Reinventing the wheel of disinformation, dissimulation and mendacity will not upend the outcome of the presidential election. It will not change the certain fate of the president-elect being sworn in. It will not change the resolve of Nigerians; it will not dampen their faith and trust in Nigeria and its electoral process.

      I believe the overarching aim of these fabrications is to create doubt over Nigerians’ electoral decisions and to foist a consciousness of uncertainty, helplessness, gloom, and doom on the national psyche. This is what I call scorched-earth politics. Politics of where the losing side in election retreats into the trenches to plot on how to bring down the house; politics of self-seeking; politics of war against the national interest and national security; politics of hate and prejudice.

      Are these the signs of what is to come? Will the vilifiers spend the next four years on the treadmill of malediction and profanity? Will Nigeria have to contend with a maelstrom of inconsolable belligerents and inveterate anarchists? Will it be another cycle of hate trading, vicious propaganda, and national hysteria?

      I fear for Nigeria. Not because of its threshold to withstand blizzards and tempests, but because of the ominous threats from dangerous and diabolical politics of hostility. Nigeria has always survived the night; it will survive whatever darkness.

      It is disturbing that opposition — whether to government or individuals — is not rooted in ideology, policy, or issues of governance, but morbidly depressing and inconsequential matters of faith, ethnicity, personal idiosyncrasies, and even marriage. It is deeply concerning. Is this how we are going to fix Nigeria? Is this how we will make progress – debating inanities and abandoning essential issues governing our life? May we not spend the next four years debating absurdities and abandoning substance. May we not spend the next four years debating conspiracies, ethnicity, religion, personal foibles, and asininities.

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    My fear is implicit in the experience of the past seven years under President Muhammadu Buhari. Not long after Buhari assumed power, did the egregious campaign against his place of nativity and religion become the defining trope of defiance against his administration.

    At the time, I wrote there was more to the offensive than whatever missteps the administration might have made. Yes, the administration might have taken some wrong detours through contours, but what became the biggest subject of debate was an ethnic group.

    In the next four years, Nigerians must be circumspect not to be drawn into the whirlpool of irrational opposition; destructive crusades, anarchical protests, and ethnically charged undisciplined conversations.

      Criticisms and peaceful protests are critical aspects of democracy but should be expressed within the bounds of the law.

      The security, unity, and peace of this country should matter to us. Regardless of who we voted for, we need to bond our voices for a united and progressive Nigeria. Governance affects every citizen, whether left, center, or right. A Nigeria that works for everyone is what we need and should work for. We should oppose ideas where necessary and not dissolve into cannons of calumny. The buoyancy of democracy is in the number of active citizens and in the quality of ideas.   

    But should there be no limits to fake news, noxious propaganda, and malicious fabrications? Should we persist in an ecosystem of lies, slander, and hate? How do we address the pesky problem of hate speech, fake news, misinformation, and disinformation on social media — particularly on Twitter and Facebook? How do we confront this problem? We cannot look away and pretend that this creeping monster does not portend enormous danger for Nigeria.

    In cases where the extant laws have been applied against some offenders as regards ‘’cyberstalking and cyberbullying’’, there has been outrage by citizens. So, should we sustain this freewheeling to a certain implosion? Does the social media space need sanitising? I believe we should not suspend our hands and watch Nigeria go up in flames from conspiracies, hate, and propaganda. But citizens’ rights must be protected at all costs and not abused.

    •Nwabufo, aka Mr. OneNigeria, is a media executive

  • NIS’ curious charge, immediate withdrawal against Seplat Energy Plc and its directors

    NIS’ curious charge, immediate withdrawal against Seplat Energy Plc and its directors

    The Nigerian Immigration Service (NIS) has filed a notice of withdrawal of the charge alleging a breach of the Immigration Act of 2015 that it filed against Seplat Energy Plc and its directors.

    The Notice of Withdrawal/Discontinuance of the action dated 6 April 2023 was issued by the NIS’ Director Legal Services and stated in part that ‘the Claimant hereby discontinues all the proceedings in this charge against the above-named Defendants’.

    The NIS, acting in the name of the Federal Government of Nigeria, filed the charge against Seplat and its Board at the Federal High Court on April 6, 2023 and same day April 6, filed a notice to withdraw/discontinue the charge.

    But, curiously, only the news of filing of the charge was made public. There was no mention that the NIS withdrew the charge immediately.

    Some observers find this to be suspicious and reason that this raises questions about whether the purpose of the filing the charge was not malicious and ill-conceived.

    It follows that questions must be asked as to what the motive or motives behind this filing and withdrawing were. Was it done to intimidate the Board?

    Lawyers and others that have seen the charge, believe it clearly contains a host of inconsistencies. On the one hand, it was alleged that the CEO of Seplat, Mr. Roger Brown, was employed without a work permit. On the other hand, the Service alleged that the Board encouraged the CEO to accept employment without a work permit.

    The question is, could the Nigeria Immigration Service withdraw a work permit if it did not grant it?

    The Nigeria Immigration Service and the Ministry of Interior alleged that the work permit of the CEO was withdrawn on 3rd of March 2023, and alleged that he accepted employment without work permit, when it is general industry knowledge that the CEO was working with work permit since 2013.

    However, it is public knowledge that the CEO has since 3rd of March 2023, been abroad in compliance with the law and as a believer in the due process of law. How then could the CEO be said to be working in contravention of the law when he has not been in Nigeria to undertake employment or duties as the Chief Executive Officer? All of these are glaring contradictions by the Nigeria Immigration Service on the unproven allegations of some persons said to be unknown third parties.

    Some observers are of the opinion that the criminal charge was ill-motivated, malicious and a deliberate witch-hunting exercise conceived and pursued by those who want to run down Seplat Energy Plc.

    “Paragraph 5 of the affidavit of completion of investigation (filed in support of the charge) shows that investigation was still ongoing. This amounts to a holding charge, which has been held by the court as unconstitutional. The notice of withdrawal of work permit from the Ministry of Interior is full of contradictions. There are just too many contradictions which show the charge was filed out of malice. I even heard that they did not serve the Charge and the Notice of Withdrawal on the Board of Directors” an industry insider alleged.

    It is also being claimed that the defendants are yet to be served with the charge, and interestingly, a Notice of Withdrawal or Discontinuance of the Charge was filed the same day the charge was filed in court. It is not unlikely that the withdrawal of the charge was founded on what some have termed the contradictions in the charge, given that the Chief Executive Officer was appointed as Chief Executive since August 2020, and had served as the Chief Financial Officer since July 2013.

    The Chief Executive was popularly known to be instrumental in completing the dual listing of the company on the Nigerian and London Stock Exchanges, which was the first for a Nigerian corporate entity. He was also known to be instrumental in broadening the capital base of the company and increasing Seplat Energy’s footprint in Nigeria by acquiring oil and gas assets.

    The withdrawal of his immigration documents was in March 2023, over 30 months after his appointment as Chief Executive and about 9 years and 9 months after his appointment as CFO.

    Some anonymous sources have also concluded that the criminal charge is another typical example of unknown forces misleading an agency of the Federal Government to frustrate lawful businesses, destroy shareholders’ investments and harass law-abiding citizens of the Federal Republic of Nigeria and intimidate Seplat and its board for doing the right thing and upholding corporate governance.

    Since the news of the cancellation of the immigration documents of the Chief Executive Officer of Seplat Energy Plc broke out, the company’s shares have suffered a sharp decline, and all manners of suits aimed at scuttling the smooth running of the business of the company have been filed in various courts both in Lagos State and the Federal Capital Territory against the company and the Board.

    It now seems that the unending legal battles and perhaps “trumped-up” criminal charge is another case of ‘the voice of Jacob and the hand of Esau”.

    Time will tell, but clearly these inconsistencies will not help attract foreign direct investment. More likely, these actions end up shaking the confidence of foreign investors and scaring away good people from boards of companies.

    In a corporate notice to the Nigerian Exchange Limited, Seplat confirmed that it had become aware of the notice of discontinuance of the legal action.

    “The company continues to engage with the Ministry of Interior to bring closure to the false allegations presented to the Ministry as a result of which the residency status of its Chief Executive Officer was withdrawn,” the statement added.

    The company also referred to its announcement of April 6 confirming that the Federal High Court in Lagos had vacated the ex-parte interim orders against Seplat, its CEO and its Board Chairman, including the orders that restrained Mr. Brown from participating in the running of the company.

  • INEC and the sanctity of the February 25 Presidential poll

    INEC and the sanctity of the February 25 Presidential poll

    By Tayo Adigun

    The perception that the Independent National Electoral Commission (INEC) underperformed during the February 25 Presidential Poll is rather preposterous. To further allege INEC could not have delivered a credible exercise leading to the emergence of a validly elected president, on account of the misleading narrative of underperformance, appears mischievous and manifestly in bad faith. If anything, the Electoral Body should be commended for raising the bar of credible polls in Nigeria and indeed in the African Continent.

    Considering the salient inferences of a paradigm shift in the electoral map that could be drawn from results across the country, the outcome of the presidential election only speaks to the fact that votes counted to the extent that the choice of the electorate largely prevailed. The performance of INEC on February 25 was undeniably top-notched and a huge plus for the credibility and validity of the outcome of the Poll.

     It is rather unfortunate that improvements recorded with the use of the Bimodal Voter Accreditation System (BVAS) and the re-delineation of polling units are being overlooked and unacknowledged on account of overdramatized emotion and disappointment by those whose expectations were at variances with the outcome of the poll.

     There is the tendency to forget or rather pretend not to recognise that INEC’s responsibility stops at delivering a credible process and not to determine how the pendulum of the outcome of a poll swing. The outcome of any poll is determined by the collective wishes of the electorate as conveyed by the totality of their votes. It is on record that the February 25 Presidential Election was held against the backdrop of fierce expectations fired by religious and non-scientific predictions as well as seemingly plausible projections published by established as well as emergency pollsters within and across the country.

     By way of introspection, therefore, it would be safe to conclude that attempts to discredit the outcome of the presidential poll are rooted in the heated events that heralded the exercise. It must be conceded that the curiosity and optimism elicited by the presidential election were feverish and almost combustive. Any ardent supporter of the three leading candidates could bet without blinking an eye that his or her choice was sure to emerge the winner.

     It is indeed evident from the outcome of the poll that any of the three front runners actually stood a chance to win and that the final outcome could have gone either way. It was the first time since the restoration of civil dispensation; leading to over two decades of stable democracy that Nigeria would witness a three-horse race with the prospects of an outcome widely adjudged to be too close to call.

     The electoral process in Nigeria has never witnessed the level of excitement and enervating passion invested in the 2023 pre-election season. Understandably, the presidential poll elicited huge momentum of engagement amongst contenders and supporters who turned social media platforms into a theatre of political battle. Social media shattered barriers and enhanced robust platforms which were exploited to the fullest by enthusiasts who lined up behind the gladiators of their choices.

     The dimension of engagement on social media spaces was ramified and unsparing with spices of ethnoreligious connotation ahead of the presidential election. It is therefore not unexpected that the intensity of political engagements which precipitated emotions underlining huge expectations have refused to take the backseat weeks after the poll and declaration of the winner. The charge of underperformance against INEC should therefore be understood within the context of the emotive glamour to discredit the conduct of the poll and delegitimise the outcome.

     The puzzle remains if the outcome of the poll would have been deemed credible or acceptable if any of the other two candidates who lost in the keenly contested exercise had turned out to be the winner announced by INEC.  What begs for an answer in the perception of underperformance by INEC is the failure attributable to INEC beyond the rather unfortunate circumstances that negated the real-time upload of results declared at the polling units against popular expectations. Aside from the regrettable hitches occasioned by the failure to transmit results to the INEC portal from the BVAS machine, the process of the election, at least within the purview and control of INEC, was largely within the range of high performance. 

    The outcome delivered by a process that was within the threshold of a high mark of performance can only be valid and credible unless otherwise proven to the contrary. Curiously, those who consciously seek to discredit the outcome of the presidential election failed to reckon that circumstantial occurrence tends to make a fickle perception of underperformance against INEC and by extension the alleged lack of credibility and invalidity of the outcome. 

     It stands against reason and sense of truth that the two other polls for the Senate and House of Representatives seats that were conducted simultaneously with the presidential election have not been challenged or dismissed with so much disdain by those who insist that the outcome of the. presidential election be discarded on account of the alleged failure by INEC to deliver a free, fair, and credible poll.  

     It is imperative to draw the attention of promoters of negative narratives against the credibility of the February 25 presidential to the unique feature of the outcome as announced by INEC. Not only has it become evident that votes could actually count in Nigeria, the outcome of the 2023 presidential election clearly demonstrates, beyond doubt, that the choices of the electorate could be so manifestly displayed as against previous experiences where the winner would secure an overwhelming majority of unexplained votes.

     It should be interesting that for the first time since the Second Republic, more Nigerians actually voted against the eventual winner. The outcome should apparently teach the opposition political parties some bitter lessons about organizing against the political party in power rather than encourage morbid disenchantment and needless mockery of the electoral process. Democracy as a process must be allowed to endure regardless of temporary disappointment and pains of defeat.

    •Adigun, a political scientist, writes from Ado-Ekiti