Category: Special Report

  • ‘We were able to retrieve a part of her head, chest’

    Her remains will be interred today. But how was Mrs Salome Acheju Abuh, 60, killed? JAMES AZANIA provides the missing links

     

    MRS Salome Acheju Abuh, a 60-year-old mother of three men and one woman, never expected to be burnt to death. If she had known that death was lurking behind her home in Ochadamu, Ofu Local Government Area of Kogi State, she would have returned to Abuja with her husband.

    At her polling unit on the governorship election day, a suspected political thug was said to have marched to where she was seated, dealt her a heavy slap and kicked the chair from under her. Her husband rushed her to the hospital. When she recovered, he asked that they returned to their base. She opted out. As the Woman Leader of the People’s Democratic Party (PDP) in the area, she was said to have been optimistic that her party would upstage Governor Yahaya Bello. She did not like to miss the moment.

    But victory never came her party’s way and she was also ‘sacrificed’ by agents of death. Her home was set on fire. She is believed to have been killed before the house and her body were burnt on Monday.

    A first cousin to the deceased, Mrs. Ruth Acheme, said the sponsors of her killers were spreading rumours to cover up.

    Speaking with The Nation in Lokoja, Mrs. Acheme said her cousin’s remains were burnt to near ashes, and that they were only able to retrieve a part of her burnt skull, which they packed in readiness for her internment today.

    She said: “They claim that some of the louts were from Ibaji. The husband (also a retiree from the Presidency) pressured her that they should go to Abuja together on Sunday, but she persisted, saying PDP would win the election and she wanted to be on the ground. Even her younger sister called from Ajaka and said: ‘What are you doing there?’ But, she said, ‘If you people are afraid,’ she was not afraid of anything, and it was that day that they killed her and burnt her body.

    “They came inside and packed her belongings and loaded them into their Sienna bus and another smaller car.

    “One of her younger brothers came from Ogwalawo, but he was advised to go to the police station. It was after that we went with the police.

    “The police passed by us to other houses that were burnt; five in all, belonging to PDP members.

    “The member of the House of Representatives came to inspect the scene of the crime, he met us under the cashew tree where we stood, and together, we went to the house.

    “There was little of the head and chest, they packed the whole thing in a cloth.”

    She added that the sta te government was yet to reach out to the family.

    In Ochadamu, frightened residents who ran away from the town are beginning to return. A resident, who witnessed what happened, spoke glowingly of the late Mrs Abuh, who was a councillor in the 80s.

    Speaking under the condition of anonymity, he said: “They pursued everyone in the village. We were chased out of the village, and it’s just today (Wednesday) that we returned. The family came yesterday and took the body. It was completely burnt.”

    An era ends as her remains are interred today. Will Kogi politics ever be without bitterness?

     

     

  • When private matters go viral

    Do you video yourself having sex or taking nude pictures? The consequence can be more than what you bargained for if the tape leaks, writes ROBERT EGBE

     

    A hospital, a supposed drug addict, his loving girlfriend and a strict mission-based university.  Throw in a little bit of reckless sexual escapade caught on tape and the plot of a juicy scandal is complete.

    This is the latest scandal that has been setting social media on fire since Tuesday.

    The lovebirds, a 300 level student of Babcock University, Ogun State and her 400 level boyfriend, were shown on a leaked tape having a go at in a private room at Saint Bridget Hospital, Abeokuta, Ogun State.

    The story making the rounds is that the boy was in a rehabilitation centre at the time for drugs and other misdemeanours. His girlfriend visited him and he persuaded her to allow him record their sex session as a sort of keepsake for lonely nights. The girl consented. But the video got into the hands of a third party and was uploaded to the internet.

     

    Babcock reacts

    Babcock University is a private Christian co-educational university owned and operated by the Seventh-day Adventist Church in Nigeria.

    The university is located at Ilishan-Remo equidistant between Ibadan and Lagos. Enrolment was about 6,000 as of 2009. Wikipedia

    In a statement issued yesterday evening, Joshua Suleiman, the varsity’s director, communication and marketing, confirmed the video, but said the persons involved in the sex tape are no longer students of the institution.

    According to him, “the boy was expelled from the school in February this year”, while “his girlfriend” was asked to leave the school shortly after the video broke out – some months ago.

    He confirmed that the incident took place last April at Saint Bridget Hospital, Abeokuta and not on the school premises.

    “The video above referred is, unfortunately, a sad commentary on the moral decadence that has assailed our society at large, a manner of behaviour that is alien and antithetical to the value of our university. It is not worth a tinge of fascination, but a ground of great concern for all,” the statement reads.

    “The boy in the video was expelled from Babcock University in February this year after investigation and the due process proved that he was into certain grievous misconducts, the acts for which the university has zero-tolerance.

    “His girlfriend in the same video, until the video broke out, was a third-year student of accounting of this university. After due process, she was expelled from the university for violation of university rules and regulations.

    “The place where the immoral act took place, according to her written statement, was at Saint Bridget Hospital, Abeokuta, Ogun State, where the boy has been undergoing rehabilitation for different destructive addictions.

    “According to the girl, the incident took place in April this year during school vacation when she visited the boy at the hospital. The act did not take place at Babcock University.

    “Babcock University remains committed to the highest moral standards and would remain a standard-bearer for quality education in standard character, learning and in service to humanity. We are happy to be saddled with this challenge as an institution because it propels us to contribute to the greatness of this nation and the security of a bright future for our children.”

     

    Lekki pastor

    In November last year, there was a leaked video of a pastor in Lagos, Chris Omatsola, and his lover.

    Omatsola, who leads Zionwealth of Life Assembly, said his ex-lover, Tamaratokoni Okpewho, recorded the videos on their phones because she enjoyed filming their intimate moments.

    The pastor, in a lengthy post on his blog, Zionweath News, said: “Princess and I had more than 10 sex tapes of ourselves on our phones as she enjoyed filming sex. I had deleted all our sex videos on my phone and she was aware and insisted she delete hers.

    “Honestly, the sex-tapes were recorded sometimes in October 2017. She was holding the camera in some and I held the camera in others. We were both aware but we never knew it would go viral.

    “This day, I make bold to say with all honesty of heart and sincerity of purpose that it is true that I committed sexual fornication with Ms. Princess Tamaratokoni Okpewho.

    “I have since repented and God has forgiven me. But I did not post our sex-tapes on the internet or assaulted her physically as she maliciously and fallaciously claimed and want us all to believe.

    “I met Princess Tamaratokoni Okpewho aka Toks David in September 2017, just before the Lekki Toll Gate after Quilox nightclub around 4:40 a.m.

    “I was returning from a vigil in Adetokunbo Ademola, Victoria Island, that fateful day. She flagged down my car on the lonely road. She appeared drunk. Because it was dark and I thought it could be dangerous, I stopped and picked her.

    “When we got to my house that night, she slept on the couch in the sitting room, while I slept in the bedroom.

    “I also think ministers of God should learn from my fall. Watch your steps because the devil is on your tail.

    “Be careful with women. Prayerfully help people. If you have fallen, don’t cover up. Seek God’s face with penitence and repentance.”

    Ms Okpewho accused Omatsola of releasing the video to force her into marrying him, an allegation he denied and accused Ms Okpewho of demanding N200 million from him.

    The scandal forced Omatsola to relocate his church.

     

    What the law says

    No one knows who leaked the tape, but whoever did broke the law.

    Nigerian law has been reworked and updated; however, some parts meant to curtail some sexual offences have been left untouched.

    Section 233(d)(1) of the Criminal Code Act criminalises publication of obscenity.

    “Any person who, whether for gain  or not, distributes or projects any article deemed to be obscene for the purposes of this Chapter, commits an offence punishable on conviction by a fine not exceeding four hundred naira or by imprisonment for a term not exceeding three years or by both.”

     

     Why people record

    nude videos/pictures

    Unless you were a Nollywood addict, you had probably never heard of Etinosa Idemudia before March 2019. That was the date she became famous (or infamous) for the craziest reason ever.

    Last March, the Nollywood actress went viral on social media after she stripped naked on an Instagram Live broadcast on Nigerian singer, MC Galaxy’s page.

    Explaining her actions later, Etinosa said she acted under the influence of alcohol and she should have been careful with her drink.

    In a chat with PulseTV, she said: “The people who are judging at the moment, I don’t really blame you guys, it’s fine because I put myself in the spot and I take full responsibility for the incident. I should have been more responsible, I should have been more careful with alcohol, with expressing myself and with whatever it is I want to do. All I have to do now is to ask God for forgiveness and move on.”

     

    ‘Gains’ of publishing

    sex/nude tapes/pictures

    Following the backlash that trailed her Instagram scandal, Etinosa placed her Instagram page on private.

    When she reopened it to the public later that day, she had gained 27,000 more followers. Her followers on the platform jumped from 201,000 to 228,000.

     

     Are we all doing it?

    Reacting to the leaked tape scandal yesterday, Nigerian rapper Ycee criticised those judging the students.

    He suggested that many of the people criticising the duo on Twitter had probably made sex tapes of their own.

    “So all of a sudden nobody on Twitter has recorded themselves in the act of sex … sha na the person wey them catch be thief.”

    If you’re like most people, you’ve probably been tempted to make a homemade sextape. Should you give in to the temptation?” he posted on his Twitter handle.

    Is Ycee right? Are we mostly closet exhibitionists? Anecdotal evidence seems to suggest that some people are.

    Should you indulge the temptation to record yourself in the act?

    Anecdotal evidence seems to suggest that some people are.

    When the question ‘Why do people videotape while having sex?’ popped up on social media site Quora, it racked up 23,000 views.

    A Quora member, Anubhav Bhatnagar, who answered the question, said: “1. Fetish: Different people have different people fetish, there is a possibility that those who record themselves while having sex {with/without consent of the other partner(s) believes it gives them more pleasure.

    “2. Keeping memory: Yeah, some people have a habit of keeping/recording memories/moments, so for then having sex is a moment and so there is a possibility that they do this to keep it as a memory. {with/without consent of their partner(s)

    “3. Another fetish: Some people like to have sex while watching Porn. This fetish might have given them an idea of recording themself so that they can watch it the next time, they are having sex.

    “4. For show-off: Some people, usually young lads (male), like to show-off their sex moments with their friends, that they had sex, without caring that what they are doing is an offence. This usually gave rise to leaked tapes/clips.

    “5. Defame someone: Whether it be male or female, both can easily be defamed, if their sexual clips are leaked by someone intentionally. Though female partners are framed most of the times, in such clips the face of the executor is blurred, while the victim’s is highlighted.”

    An American George Sawyer, gave perhaps the most sensible answer.

    Sawyer, who said he had been “teaching courses on sex and sensuality since 1989, advised couples not to go down that road.


    He said: “Recording during sex? Never! Don’t. It’s a huge mistake. You should assume that any form of digital recording you make will escape captivity and find its way onto the internet. Recordings can escape even with the good faith of everyone involved.


    “Pretty much everything gets backed up into the cloud now, accounts get hacked. Is a copy of the recording on a phone, a tablet or a laptop? Devices can be lost or stolen.

    “Murphy’s Law almost guarantees awkward recordings will then surface at the worst possible time: job interviews, dating, your mother’s birthday. If you are a woman it may possibly ‘ruin’ your life at that time.”

     

  • Police, EFCC not welcome in civil disputes

    The Police and the Economic and Financial Crimes Commission (EFCC) have been accused of abusing their powers by dabbling in civil matters and acting as debt-collectors, most times for a fee. But, jurists, at a forum in Lagos, called for an end to that. They are worried that nearly every aspect of civil life has been criminalised. They also want lawyers who add criminal colouration to petitions on commercial/civil disputes sanctioned, JOSEPH JIBUEZE writes.

     

    TWO brothers had a dispute over a plot of land. They went to a police station to complain about it. An officer asked them to go home and resolve the matter amicably, being a civil dispute.

    But, things escalated after they left the police station. There was a fight, and one of the brothers pulled a knife and chopped off his sibling’s head. He blamed the police for not intervening and said he wanted to settle the dispute once and for all.

    Should the Police be strengthened to resolve civil disputes? No, say legal experts.

    Although civil disputes can result in criminal acts if not quickly resolved, the experts believe they should not be resolved at police stations.

    There is also no justification for the Economic and Financial Commission (EFCC), for instance, to arrest a debtor based on a petition by a lender, they added.

    Jurists said security agencies must resist being used to resolve civil disputes or as debt-recovery agents.

    They want lawyers who write petitions on civil matters, and officers who act on such investigations without a preliminary investigation, to be sanctioned.

    Justices of the Court of Appeal, Hellen Ogunwumiju and Biobele Georgewill are unhappy that civil matters are increasingly being criminalised.

    A former Lagos State Commissioner of Police Fatai Owoseni urged the Police not to be used to settle civil matters even though there may be a justification for it sometimes.

    A former Lagos Attorney-General, Mr Olasupo Shasore (SAN), believes the courts remain the right forum to resolve disputes in a civilised society.

    But, Lagos Branch Chairman of the Nigerian Bar Association (NBA), Lateef Akangbe, said Nigerians should not be blamed for going to the police to settle civil disputes, as the courts have become unreliable.

    They spoke in Lagos at the 12th Annual Business Luncheon of SPA Ajibade & Co, a leading corporate and commercial law firm.

    Its theme was: The forum for the resolution of civil disputes: the courts vs. law enforcement agencies.

     

    ‘Blame lawyers’

     

    Justice Ogunwumiju, who chaired the event on behalf of Justice Amina Augie of the Supreme Court, accused lawyers of playing into the hands of security agencies.

    She said: “The main cause of a quarrel could be land. The lawyers have made the parties to abandon the civil matter that will determine the person with title to the land.

    “They are fighting the case of ‘I am a bigger man than you are’ with police cases and fundamental rights cases that may get up to the Supreme Court, and this is encouraged by lawyers. If you don’t invite an intermediary to your quarrel, he will stay in his space.

    “I want us to aware of a gradual institutionalisation of the criminalisation of civil obligations. The laws establishing some institutions are set up in such a way that for them to be effective, some obligations have been made criminal offences.

    “They can use the instrumentality of the law, and criminal laws, to settle essentially civil disputes. There are such laws promulgated by the National Assemblies, and we’re not talking about them.”

     

    ‘Investigate before arrest’

     

    For Justice Georgewill, civil acts must not be turned to criminal matters for personal gain.

    He said: “In a country that is transforming to a proper civilian democracy, the civilians are not allowed to live their lives are civilians. Everything you do is criminalised. How can we survive in such a situation?

    “In a civilised society, you don’t arrest, detain and investigate. You investigate, arrest and detain. That is the problem we have in this country. Security agencies arrest before investigation. You are supposed to investigate preliminarily before you arrest somebody.”

    To him, security agencies have no business arresting debtors.

    “It’s so unfortunate. The police and the EFCC: you have to stop coming from the answer to the question. That is why everything has been criminalised,” Justice Georgewill said.

    The Justice asked lawyers who write petitions over civil matters to desist from doing so.

    He said: “In such petitions, they embellish something they know is civil as criminal, and because the police don’t investigate before taking action, they will make an arrest.”

    Owoseni said although there is a thin line between civil and criminal law, the Police must resist being used to settle personal scores.

    He said: “I stood against the police being engaged in extra-judicial duties. But here we are. Is this an ideal country? No. It’s a banana republic. Nothing works when it comes to the rule of law.

    “The application and enforcement of the rule of law are interpreted based on which side of the divide you are. If any of you is a governor today, the rule of law is something to you. If you become Vice President today, the rule of law is another thing to you.

    “Depending on which side of the divide you belong, to some of us, the EFCC has become a monster.”

    Owoseni blamed lawyers who write such petitions, saying he resisted efforts to get the police involved in civil disputes while in service.

    “You cannot force me to do what is unlawful because my loyalty is to the Constitution. That’s why some of us don’t have land in Lagos because they’ll promise you 20 acres,” he said.

    Owoseni, who is a security adviser to Oyo State Governor Seyi Makinde, believes there is a thin line between civil disputes and criminality.

    He told the story of two brothers who quarrelled over a plot of land in Calabar, Cross River State. The crime officer asked them to resolve it between them or go to court.

    “Not up to three hours thereafter, one of the brothers came to the police station with a sack. He opened the sack and brought out his elder brother’s head.

    “When the crime officer asked him why he did it (killed his brother), he said: ‘But we came to you to solve this problem and you said it’s civil. I wanted to end this quarrel once and for all.’ That is how thin the line is between criminal and civil matters,” he said.

     

    ‘Simplify judgment enforcement’

     

    Owoseni wants more to be done in enforcing court judgments to prevent self-help.

    He said: “Sometimes, pronouncements are made, and remedies have been given, but you don’t have the means of enforcing those remedies, and criminals have taken advantage of that.

    “We have to have a means of enforcing pronouncements of the courts; judgments that have been delivered. We need to ensure that when damages are awarded, they can be enforced.

    “It’s very difficult to do business in this country because there are some serial defaulters. They collect money from several banks and default, and they do so because they believe they cannot be prosecuted.

    “We need radical measures to address such situations, like taking money from their funded accounts through the BVN. We live in a jungle.”

    Owoseni agreed with a recommendation by The Hague Institute for Global Justice that the capacity of the Police to resolve disputes should be strengthened.

    “I agree. Strengthen the capacity of the police. Whether you like or not, it’s the policemen that citizens meet first. Our judicial system is too slow. The police are like first aid giver,” he said.

     

    Shasore: rule of law supreme

     

    Shasore, who was the guest speaker, disagreed with The Hague Institute’s recommendation.

    To him, there is no alternative to the courts in resolving civil disputes, despite the challenges.

    He said: “After a painstaking survey, the Haque Institute has suggested that we strengthen law enforcement in the skills of resolving civil disputes as a way forward. It recommended that the Police in Nigeria systematically increase its capacity for resolving the dispute that people face.

    “Do we agree with that? No. We should respectfully disagree. While there might be some truth to the fact that in historical African setting, or Victorian England, there was very little distinction between the civil resolver and the law enforcer, there is no evidence that reverting to that practice or echoes of that system will have a long-term benefit for today’s Nigerian society.

    “Without deepening the protection of the courts on the one hand and the sanctity of human rights and civil process on the other, we will be surrendering the enforcement of contracts to the vulgarities of naked power and its ugly caprices and utter whims.”

    According to Shasore, those who take civil disputes to the Police or EFCC do so in error.

    The suggestion, he said, is based on a false premise, because security agencies do not dispense justice, but favour the highest bidder or the first in time.

    Shasore was of the view that the focus should be on compliance with the rule of law.

    He noted that countries with the highest levels of rule of law compliance have high national productivity.

    The SAN said: “In the latest World Justice Report 2019 rankings, Nigeria placed 106 of 113 countries ranked in the observance of rule of law.

    “It is not unrelated, in my view, to the treatment of civil disputes and the value placed on the institutional capacity to achieve proper protection and satisfactory remedies.

    “To be effective, the rule of law development requires clarity about the fundamental features that define it. This should be our goal in Nigeria. This requires the proper forum for civil disputes: the courts.”

    Akangbe said Nigerians go to the police to settle civil disputes because they believe they will get quicker “result” there.

    “People go to a system where they will get a quicker result. It’s because there is so much inefficiency in the court system,” he said.

    He regretted that litigants can spend several years in court without dealing with the substantive matter they went to court to resolve.

    He called for less emphasis on technicalities.

    Akangbe said: “You can spend years arguing whether there was proper service of court processes or not.”

    The NBA chairman believes there was the need to fix the slow court system as well as a regular bar and bench engagement.

    Among others, he said a technology-driven court system is long overdue to speed the adjudicatory processes.

    For lawyers who write petitions over civil matters, he said: “NBA needs to go tough on lawyers who delay justice and those who go to law enforcement agencies with false petitions over civil matters.

    “Lawyers write these petitions to give such civil matters a colouration of criminality.”

     

    Ajibade: fix the weak judicial system

     

    S.P.A. Ajibade & Co Managing Partner, Dr Babatunde Ajibade (SAN), described increasing use of law enforcement agencies in dispute resolution as an anomaly, adding that the court system should be fixed.

    He said: “The anomaly is extremely deep. For me, as I stated on various occasions, we develop our themes for our luncheons after internal robust discussions. Typically, the topics would come from our practical experiences.

    “We have had practical experiences where even my colleagues have pushed for us to resolve client matters in a particular way and I have been resisting it on the basis that it is not a criminal matter but a civil matter.

    “They will say it would be more efficient, quicker and in the interest of the client. Some feel that it is the right thing to do, but claim that the court system is not efficient and doesn’t work.

    “I am of the view that if the system is not working, we should fix it. If there is a problem in our civil justice system, we need to address and fix that problem rather than going to the police, where the police will be our judge and jury. That is very fundamental.”

  • Did Oyo inherit N1.3b IGR?

    Justina Asishana

    News reports on November 5, claimed that Oyo State’s Internally Generated Revenue (IGR) rose from an average of N1.2 billion and N1.3 billion to N2.7 billion in the month of October.

    The Chairman of the Oyo State Internal Revenue Service (OYIRS), Aremo John Adeleke who spoke during a visit from a group of individuals under the aegis of “Friends of Seyi Makinde” in Oyo state said that the Oyo State Internally Generated Revenue (IGR) for October rose to about N2.7billion as he added that it was a clear departure from between N1.2 to N1.3 billion monthly IGR inherited from the previous administration.

    “…We are bringing about a revolution in revenue generation activities of Oyo State. Oyo today has moved beyond the miasma of revenue of between N1.2billion and N1.3billion per month in IGR.

    “I am happy to inform you that last month, our IGR was N2.7billion and we intend to keep on in this trajectory…”

    What is Internally Generated Revenue (IGR)

    Internally Generated Revenue (IGR) is the revenue that state governments generate within their states. It involves taxes and levies collected from all sectors. The IGR is usually the calculation of PAYE, road taxes, revenue from Ministries, Departments and Agencies and other taxes collected from businesses, markets, companies and organizations.

    Verification

    The Internally Generated Revenue (IGR) of Oyo state gotten from the National Bureau of Statistics (NBS) revealed that the average IGR generated in Oyo state from 2017 to the first quarter of 2019 showed that Oyo state was N1.3 billion.

    Although the National Bureau of Statistics did not provide monthly IGR information, the average of the quarterly IGR showed that the least average generated by Oyo state from 2017 to the first quarter of 2018 is N1.3 billion.

    The IGR for 2017 was N18,879,084,134  which places the average IGR made monthly at N1.5 billion. In the first quarter of 2018, N5,405,584,026 was generated putting the average monthly at N1.3 billion.

    The IGR generated in the second quarter of 2018 was N6,974,296,229 placing the average IGR monthly at N1.7 billion while the IGR generated in the third quarter was N5,882,490,179 placing the monthly average IGR at N1.4 billion monthly.

    Meanwhile, Governor Seyi Makinde took over the government of Oyo state on May 29, 2019, which is after the first quarter of 2019.

    Data on the IGR generated in Oyo state from the first and second quarters of 2019 showed N14,060,685,978 of which an average monthly showed that N1.7 billion was generated.

    Conclusion

    Before May 29,2019, which was the day the new administration of Oyo state Governor, Seyi Makinde, data received from the National Bureau of Statistics showed that the least average of Oyo state Internally Generated Revenue before Governor Seyi Makinde’s administration was N1.3 billion.

    • This fact-check was done by a Dubawa Fact-checking Fellow in collaboration with The Nation.
  • Survey faults 13 states’ budget process

    Nduka Chiejina (Assistant Editor) and Clinton Njaka

     

    THIRTEEN states have opaque procurement processes and no information on their budget for public consultation.

    This disclosure was made by the Civil Resource Development and Documentation Centre (CIRDDC) on Tuesday in Abuja while presenting the outcome of the Sub-national Budget Transparency  Survey  2018.

    The Lead Researcher/ Project Coordinator, CIRDDC, Ralph Ndigwe was targeted at ensuring an open, inclusive and accountable budget and procurement process. According to the report, only  Jigawa  state  scored  above  60  on  all  three  sub-indices- availability  of  key  budget  documents,  public  participation,  and  procurement  transparency.

    The report stated that Kaduna state  scored  above  60  on  two  out  of  three  sub-indices,  while  Anambra,  Cross River,  Delta, Ebonyi,  Lagos,  and  Ogun  states  scored  above  60  on  one  out  of  three  sub-indices.

    Adamawa,  Akwa Ibom,  Bauchi,  Bayelsa,  Borno,  Edo,  Imo,  Rivers,  and  Zamfara states have no mechanisms for the public to be involved in any phase of the budget process.

    There have been growing claims that many states’ budgets and the processes are shrouded in secrecy and procurement processes are not transparent by international best practices.

    CIRDDC carried out a survey with the aim of instilling transparency in budgeting and budget process in the 36 states of the federation through the use of some key indicators.

    The indicators are public availability of budget information, public participation in the budget process, public availability of procurement information and legal framework on access to budget information and fiscal responsibility.

    According to the report, “most States fail to provide meaningful opportunities for the public to participate in the budget process both to informed decisions about how government raises and allocates funds and to hold state governments accountable for implementing those decisions. Thirteen states have almost no budget information, non-existent spaces for public consultation, and opaque procurement processes.”

    The survey was funded by the Department for International Development (DfID) also evaluated the amount allocated to different types of spending, the revenues collected and how international donor assistance and other public resources are used.

    Ndigwe said: “Most  states  failed  to provide  meaningful  opportunities  for  the  public  to  participate  in  the  budget  process” noting that “the inability of the people to have access to budget documents would deny them the opportunity to know  how  government  raises  and  allocates  funds  and  to  hold  state governments  accountable  for  implementing  those  decisions.”

    Of the 36 states surveyed, only  two  states,  Jigawa,  and Anambra  offered  participation  opportunities  that  are  considered adequate. Ndigwe lamented that “without  opportunities  for  citizens’  active  participation particularly  citizens  from  marginalised  or  vulnerable  groups,  budget  systems  would  only  serve the interests  of  powerful  elites.”

    He noted that, “majority of the states could quickly improve transparency by making documents they already produce publicly available. Most  states  that  produce  documents  that  they  are  not  publishing  on  their  official  websites already publish other  documents  online, so  they could easily do so for all documents.”

    The Lead Governance Specialist/Financial Management of the World Bank, Sabah Rashid, said some states had improved in the index, while others have declined. This development she said has reinforced the need for continuous support by stakeholders in this area.

    Department for International Development (DFID) Head of Governance, Conflict and Social Development in Nigeria Alex Stevens appealed to states that are lagging behind on the index “to learn from the experiences of those that have made progress. He said the DFID would continue to work with government at the state level to make them commit to open, transparent and accountable government.

  • Tales of horror from Nigeria’s torture homes

    For years, they operated as rehabilitation homes for hard drug users or mentally-challenged people. With the bursting of their operations in Kano, Kaduna, Zaria, Katsina, Ilorin, Lagos and Ibadan, it is clear that these are houses of horrors, writes DAMOLA KOLA-DARE

    “I have been here for two years. I just found myself here one morning two years ago. My extended family accused me of converting to Christianity, just because I spent 16 years in the UK and married a British. For them, they think they are helping me because, since I have become a Christian, I am supposed to die. Now, I am diabetic. I can’t access drugs and all the food they give us contains carbohydrates.”

    Those where the touching words of Hassan Yusuf, PhD holder in Energy Economics who had a nightmarish experience in the Kaduna torture centre.

    However, the recent spotlight on the North where torture centres masquerading as informal reformatory Koranic schools or rehabilitation centres were discovered, has extended to the Southwest with the latest discovery of torture homes in Ibadan, the Oyo State capital and Lagos State.

    Akin to Nazi’s concentration camps during the Holocaust, the torture centres reveal a grim picture of manacled men and children subjected to terrifying treatment amid inhuman and debasing conditions. It is a moving tale of man’s inhumanity to man, worse than Dante’s infernal hell.

    From Lagos to Kaduna, Zaria, Katsina, Kano to Ilorin, and then Ibadan, victims recount their raw ordeal in the hands of cruel masters.

    It was gathered that there are more than plenty of people enrolled in so-called schools.

    Ibadan

    A victim, Atilola Sadiq, rescued from the Ibadan torture home stated that his mother took him to the centre because she detested the friends he moved with and she wanted him to have a sound knowledge of the Quran.

    He said: “I spent two years at the centre. Anytime I try to tell my parents the suffering we experience here, I receive hundreds of lashes of the horsewhip.”

    He noted that the operators of the centre hide behind the veneer of religion to extort money from people and even sexually abuse unsuspecting parents who brought their children.

    Bashir Olanrewaju, who was also freed from the Ibadan torture home, disclosed that he had been in there for five years because he was addicted to cannabis. He said those held captive were subjected to varying degrees of cruelty.

    He said: “I was brought here in 2015. I have spent four years. My parents didn’t like my addiction to Indian hemp. All of us here suffered terrible treatment.

    Some, who could not bear the anguish, died and their corpses were buried without the consent of their parents.”

    Ilorin

    One of the female victims rescued from the Gaa-Odota, Ilorin torture centre, Olaide Arikewuyo, said she had spent five years in the centre, and alleged that she was sexually abused by the uncle of the owner of the facility.

    “I lived with the owner of the centre in their apartment and the uncle used to sleep with me every night.

    ”I had nobody to turn to and it was not easy to escape from there, I had been abused by five men. I was impregnated and had three abortions. I just thank God that the police came to my rescue,” she said.

    Abdulazeez Korede, who was taken to the Ilorin centre by his parents under the guise of delivering him from his addiction to hard drugs, said: “I was brought here by my parents because they wanted me to stop taking hard drugs. But surprisingly, I was chained, severely beaten and taken underground where other guys like me were kept. I was kept in that dungeon for four months as there was no sunlight or window or good food.”

    Owonifari Tope said he was taken to the centre because of his troublesome nature and smoking habit.

    He added: “The owner of the centre gave my parents a bill of N200,000 for my treatment. I spent four days which seemed like four years to me.”

    Lagos

    A victim of the Lagos centre (a church in Ijegun), Solomon Ogbokri, who disclosed that his parents took him there, lamented that he was in chains for eight months as the supposed cleric fruitlessly tried to ‘deliver’ him from alcohol addiction and abuse.

    Adewale Adetona, another victim of the Ijegun torture centre in Lagos, who was taken to the said church for ‘spiritual healing because of his embarrassing behaviour in public’, noted that being chained for over six months had made him downcast.

    His words: “I was brought to this place by my family against my wish. I have been staying here until the police came to free us. I am not happy staying in this church. I have my own life to live. It is degrading to have been chained for so long. But now, I am happy because I have regained my freedom.”

    For the rescued men, women and children, they will live to remember the harrowing experience and the desultory days spent in the torture chambers which ought to have been rehabilitation centres for them.

    Kaduna

    The Sheikh Ahmad Bin Hambal Islamic School and Rehabilitation Centre raided by the Kaduna State Police Command is male-only, but the Malam Niga Centre, also in the same state, kept 147 inmates of both genders under dehumanising conditions.  One of them, Hauwa Muhammad, an indigene of Nasarawa State, who lived with her parents in Abuja said, she was brought to Malam Niga Centre by her father 11 months ago because she was abusing cocaine and other drugs.

    22-year-old Hauwa said: “I was abused by a lot of boys. I was abused several times by the son-in-law of Malam Niga, Hassan Sani Dauda. And we told Malam what Hassan was doing to us; he refused to believe because Hassan is his daughter’s husband. And he even refused to investigate the allegation.

    “For his sexual pleasure and desire, Hassan made us make love with ourselves. I mean, he subjected us to lesbianism and he would watch us for his pleasure. And when we refuse, he would hit us with the gora (big stick) in his hand. Look at my wrist, my hand is no longer straight because he hit me with a stick.

    “Hassan is just a son-in-law of Malam Niga, but because he has seen an opportunity to abuse female inmates sexually, he pretended to be an instructor helping the centre.

    “Raping us was like a daily delight for him. It was not only me; he raped seven of us often. In fact, there is a girl he deflowered and raped through her anus. There are three boys, Hayatullah, AbdulMalik and Ashiru loyal to Hassan. He would put them on guard to watch for him every time he wants to abuse us.

    “Malam Niga’s daughter, who is Hassan’s wife, knows very well what was going on. So, out of jealousy, she would put the boy in the centre to beat and punish us for nothing.

    “There is nothing really there in the rehabilitation, the man just lies that he treats people because he lies. We just read Qur’an in the morning, but even the reading, we do it with fear, because, there are big boys standing behind you, beating you. So, most of us don’t really read anything, we just shout and pretend to be reading, so that, we would not be beaten.

    “Another thing is, they tie our hands to a pole from behind, sit us down and set fire, put some dried leaves in the fire. Then, they would cover you with about seven blankets to inhale the smoke. So, you just keep inhaling, shouting, begging for help. To them, that is medicine. But, for me, that is not a way to treat a human being.

    “He also claims to be treating madness. But, even people that are mad, there is nothing he gives them other than the inhalation. And sometimes when they start their madness, you just hear him say, ‘ba mai bulala ne?’ (Is there nobody with a cane?). Somebody is mad, you promised to cure him and all you do is beat them?”

    Another victim of the Nigga Centre, Maryam Lawal, a 21-year-old indigene of Kaduna State, said: “My father brought me here seven months ago because I use to run from my house to friends’ houses. I was not taking drugs. I used to take Shisha so I don’t know why my father will bring me to this kind of place.

    “I have been maltreated at the Malam Nigga Centre. I was molested, raped and beaten daily. Hassan beat us, raped us and they make us inhale the smoke that they call medicine. It is not medicine but mere punishment.

    “On a few occasions, I almost passed out during the smoke inhalation process; my breath ceased, it was only God that helped me, I would have died. They would tell us that, we must not drink water until after 15 minutes of the inhalation process. We used to be choked and gasp for air.”

    Ibrahim Musa, a 32-year-old graduate of Software Engineering and post-graduate student of the Gombe State University, said he came to the centre personally.

    “Let me say I came here on my own because I volunteered to be treated for the drug. I had a problem, I was supposed to get married, and then all of a sudden, my wedding was cancelled. Then, I found myself in psychological distress and started doing drug. I was taking cocaine. It became worse that I could no longer do anything except I take the drug.

    “Then, I came forward that I had a drug problem and I needed treatment. So, they actually started treatment in Abuja, but my uncle came and told us that there is a place in Kaduna that is cheaper and more effective. My uncle felt that Abuja was too expensive.

    “So, they decided to bring me here. My parents don’t even have an idea of how this place looks like. They don’t allow parents to see what goes on inside. They receive them in the front office. I was initially comfortable with what I saw in the front office too. But when I entered, I was surprised. It is over 100 people living in less 30 square metres space.

    “It is just a hall, we put mattresses on the floor and sleep if you can’t get a mattress, and you sleep on the bare floor. There is no minimal ventilation, we cook there and do everything. Cockroaches are everywhere. They crawl on your body while you sleep. There are a lot of diseases, especially skin diseases. It is a terrible situation,” he said.

    He went on: “When parents come to visit their children, they dare not say the truth about what they are going through inside the house. The guards are always there with you, even when you receive visitors, there is no privacy. So, if you dare say anything about inhuman treatment, they will tie you and give you all manner of punishment. There is an extreme punishment for that.”

    “There is something they call ‘Gaschember’. They put some leaves inside the fire and put it under you, cover you in blankets. They make you inhale the smoke and suffocate you with it. I almost passed out inside that blanket. That is the only thing they deem treatment since I came. I was waiting for other treatments and nothing was happening, except everyday beating.

    “They put shackles on our legs. I was on shackles for six weeks, but about a week ago, when my uncle came, I had to tell him to make them remove shackles from my legs because my legs were swollen. So, I had to promise them that, I won’t run away. Then, my uncle was made to write an undertaking that I won’t run away. That was when they agreed to remove the shackles.

    “There is nothing special there; they just use inmates for free labour. Inmates make things which they sell and make money from them.

    “I am very happy that the government has come to our rescue, I was actually waiting for a day like this. Because, initially when I came, they told me I was going to spend three months. But, people there told me it doesn’t work that way. They said that is what they were told too, but after the three months, they would just tell your parents that, you still need to spend more time.

    “The centre might have started with good intention, but their methods are not good at all. They force you to do things against your will. At least, agreeing for treatment, I ought to be treated fairly, not being forced to do everything. You barely get to sleep. We sleep like five hours every day and the rest of it, you are working. Some do domestic chores for the house, they don’t employ any staff. Some are in carpentry, others in welding and others. You just make things for them and they sell and make a profit. That is what we do Monday to Sunday, no day off.”

    Katsina

    In Katsina, sixty seven victims were discovered at the Daura rehabilitation centre and the Niga Rehabilitation and Reformation Centre, Kofar Durbi quarters.

    Police spokesman Gambon Isah said:  “Police are not holding anybody ‘0’!. We have reunited all the inmates with their families. The 67 inmates we met at the Daura rehabilitation centre and those we found at the Katsina centre have all been reunited with their families.”

    A Katsina chief magistrates’ court remanded in prison custody the 78-year-old cleric and owner of the Daura rehabilitation centre, Mallam Bello Abdullahi, over charges of criminal conspiracy, wrongful confinement, and cruelty to children.

  • ABC of amended Deep Offshore Act

    Since the signing of the amended Deep Offshore and Inland Basin Production Sharing Contract Bill into law (DOIBPSC Act) by President Muhammadu Buhari, the news space has been abuzz with mixed reactions by stakeholders in the oil and gas sector. EMEKA UGWUANYI x-rays the amended Act

     

    THE fight for changes to the deepwater and inland basins law has been contentious over the years. While the Federal Government had sought to get more benefits from the hydrocarbon extracted from the deep offshore province of Nigeria, the international oil companies (IOCs) were averse to such changes. This contention was one of the reasons the Petroleum Industry Bill (PIB), even before it was broken down into four parts, was not passed. The IOCs found the fiscal provisions, especially in deepwater operations unfriendly and commercially unviable and lobbied against the passage.

    However, on November 4, President Muhammadu Buhari signed the amended Deep Offshore and Inland Basin Production Sharing Contract Bill into law (DOIBPSC Act) in London and brought the long battle of wits to an end.

    Oil production and funding arrangements in Nigeria

    Royalty is the first deduction from oil revenues and is payable from first oil. For the government, royalty ensures revenues from day one of production rather than waiting years for tax and profit oil to materialise. Nigeria has three main oil production arrangements – the joint venture, the production sharing contract (PSC) and the Production Sharing Agreement (PSA) commonly called the sole risk contract. In all of these arrangements, the national oil company – the Nigerian National Petroleum Corporation (NNPC) represents the government’s interests. The joint venture (JV) arrangement is the earliest, having started when oil and gas production was mainly from land, swamp and shallow water. In JVs, the government and oil companies have direct stakes according to funding interests. The founder of the oil field oftentimes is the operator of such an asset. In most of the JVs, the government’s equity holding is 60 per cent except in Shell-operated fields where the government holds 55 per cent.

    However, when the search for oil and gas started advancing into the deepwater, which required more advanced technology, huge funding and technical expertise, the PSC and PSA were introduced. The introduction of PSC and PSA followed the uncertainties and guarantee of finding oil in such water depths. To avoid loss of funds and to encourage investments in the deepwater, government distanced itself from putting money in PSC operations as it did in JVs. However, it gave generous incentives to investors to encourage the search for oil and gas in deepwater, which eventually turned to be prolific.

    In PSCs arrangement unlike the JVs, the Federal Government through the NNPC is the 100 per cent holder of the licences. The oil company that approaches it for prospecting and eventual production from the deepwater is only a contractor to the government. Exploration and production from the deep offshore field are very capital intensive and the expected reserves from such fields sometimes do not come out through, hence the contractor looks for other interested oil firms to share the risks and profits with it. These other oil firms that buy into the project are called co-venturers, however, as the particular project is concerned, the government only legally recognises and deals with the contractor.

    When the contractor eventually finds oil, he brings his findings to the table with the government. Based on the production, government and the contractor agree on what percentage of the production will go to the contractor as part of his capital and operational costs recovery as enshrined in law. The remaining production, which is called profit oil, is shared between the contractor and the governments while the contractor, besides pays a royalty. The contractor takes its profit oil and shares with its co-venturers based on the funding equity stakes they hold.

    The PSAs, popularly known as indigenous sole risk contracts, apply to deepwater fields awarded in the early 1990s to some Nigerians. The indigenous licence holders undertook exploration and development activities at their own risk, but they were permitted to farm-down up to 40 per cent to foreign investors. Under the terms, foreign investors bore all costs of development and the indigenous company received share profit oil instead of NNPC as in PSCs. It is for this reason, the sole risk contract is also called a Production Sharing Agreement (PSA).

    Legislative provision and what was changed

    The old Deep Offshore and Inland Basin Production Sharing Contract Act, 2004 denied Nigeria a lot of benefits as some deepwater oil fields that are not in high water depth were not paying a royalty. Also, deepwater royalty based on increased oil price was not implemented even when oil price exceeded $20 per barrel as contained in the law. These narratives were changed in the amended Act and henceforth, there is no zero royalty.

    According to Deloitte Nigeria, in a paper entitled “Nigerian Senate passes a bill for the amendment of the Deep Offshore and Inland Basin Production Sharing Contract Act, 2004,” noted that the Nigerian Senate recently passed the Deep Offshore and Inland Basin Production Sharing Contract Act 2004 (Amendment) Bill, 2019. The Bill, which will amend the provisions of the Deep Offshore and Inland Basin Production Sharing Contract Act 2004 (DOIBPSCA), when passed by the House of Representatives, and after the President’s assent, aims to shore up Nigeria’s revenue earnings.

    “DOIBPSCA regulates the operations of oil and gas companies operating under production sharing contracts (PSCs) in the Deep Offshore and Inland Basin. The Act gives effect to certain incentives (such as lower royalty and tax rates, among others, granted to oil and gas companies operating under PSCs in the Deep Offshore and Inland Basin areas of Nigeria,” it said.

    Buhari, during the 2020 budget presentation to the National Assembly noted that amendment of DOIBPSCA is one of the priorities of the Federal Government of Nigeria, as it has the capacity to generate additional revenue of at least $500 million to $1 billion which will aid the government in achieving the proposed 2020 budgeted revenue and over $1 billion from 2021.

    Deloitte said Section 5 of the old Act, which is revision of royalty payable on field basis graduated rates for deep offshore PSCs as follows: in excess of 1000 metres – zero per cent; 801 metres to 1000 metres water depth – four per cent; 501 metres to 800 metres water depth – eight per cent; 201 metres to 500 metres water depth – 12 per cent. PSCs rates in the inland basin were put at 10 per cent. However, the amended Act provided a flat royalty rate of 10 per cent for deep offshore PSCs greater than 200 metres of water depth. The amended Act provided a rate of 7.5 per cent for frontier/inland basin. There is no zero royalty rate.

    On price reflective royalty rates, which was Section 16 of the old Act, had oil price at above $20 per barrel to attract royalty but was never implemented. The new Act provides review/increase of royalty rates crude oil and condensate price exceeds $20 per barrel using the following rates: $0 to $20 – zero per cent; $21 to $60 -2.5 per cent; $61 to $100 – four per cent; $101 to $150 – eight per cent; and $151 and above – 10 per cent.

    On the period review of PSCs, the new Act didn’t make provision for reviews but the newly included Section17 required the Minister of Petroleum Resources to call for a review of PSCs by the Nigerian National Petroleum Corporation (NNPC) every eight years.

    The new Act made provision for offences and penalties, which were not applicable in the old Act. The inclusion of Section 18 in the amended Act, made provision for offences and penalties for violation of the provisions of the Act, which is a minimum fine of N500 million or a minimum of five years imprisonment or both upon conviction.

    Deloitte Nigeria observed that while the proposed amendment would increase government oil revenue, it is likely to increase the cost of oil and gas companies operating under PSC arrangements in Nigeria.

    Looking at some of Nigeria’s Pre-FID projects, Wood Mackenzie said: “Our analysis shows the impact on Bonga South West Aparo within the OML 118 1993 PSC contract area is even greater. It shows a 42 per cent reduction in value and an increase in its breakeven from $45/bbl to $51/bbl. This, of course, is with the benefit of fiscal synergies, whereby capital costs and investment tax allowances can be deducted from petroleum profit tax (PPT). The project will pay higher royalties from day one of production and so the impact is proportionally greater than the whole of OML 118.”

    Stakeholders’ views

    Oil Producers Trade Section (OPTS) – a private industry group under the umbrella of the Lagos Chamber of Commerce and Industry (LCCI), said in the long term, investors would not invest in the deepwater projects.

    To the oil majors, the five-year cycle for review of PSCs contradicts the principle of contract sanctity, adding that the amendment during the contracts’ effective period will add significant uncertainty to investment decision and reduce investor confidence and delay or stop additional investment.

    They noted that between 2014 and 2018 alone, they paid $1.3 billion as Education Tax and $1.1 billion as NDDC levy.

    To the Principal/Executive Director, Kaptepia Capital, Tosan Omatsola, the Federal Government needs to increase its investments in major upstream oil projects. He noted that the Federal Government loses over $1.5 billion yearly to the delay in taking final investment decisions (FIDs) on major oil projects that can produce 875,000 barrels of oil per day (bpd).

    According to him, some major deep offshore projects have been on the table for years waiting for FIDs. Such projects awaiting FID/sanction include Bonga South-West and Aparo with 225,000 barrels per day (bpd) of oil capacity, Bonga North (100,000 bpd), Bosi (140,000 bpd),Bosi Satellite Field Development Phase 2 (80,000 bpd), Uge (110,000 bpd), Zabazaba-Etan (120,000bpd) and Nsiko (100,000bpd). This gives a cumulative of 875,000 barrels of oil per day (bpd), which can earn at least $1.5 billion yearly for the government, he added.

    To the Executive Secretary, Nigeria Extractive Industries Transparency Initiative (NEIT), Waziri Adio, the Deep Offshore Act Amendment is perhaps the greatest boost to the drive to increase public revenue. President Buhari must be saluted for his principled stance. It is a victory for the Buhari Presidency, for the Ninth National Assembly and Nigeria.

    He said the country front-loaded a lot of incentives. While the royalty rate for JVs was 20 per cent, the one for PSCs was graduated from 16.67 per cent for oil production within 200 metres water depth to zero per cent for production from 1000 metres. Also, the tax rate for PSCs was 50 per cent of chargeable profit, instead of the 85 per cent for JVs. It is important to note that companies are allowed to recover their capital and operational costs before profit oil are shared. The companies also get 50 per cent investment tax credit or investment tax allowance on qualifying expenditure before tax is paid.

    He said the original PSC law categorically included unambiguous conditions that should have necessitated review(s) of the terms of the PSCs first in 2004, then in 2008, and in 2013 and 2018 if the 2008 review had taken place, it is clearly unrealistic to expect that the incentives frontloaded to oil companies for taking major risks at a period of uncertainties would be in perpetuity.

    A report by the Nigeria Extractive Industries Transparency Initiative (NEITI) and Open Oil stated that failure to review the PSCs terms, as demanded by the law, cost the country between $16.03 billion and $28.61billion within 10 years (2008 and 2017). That is a loss of between $1.6billion and $2.86billion on the average per year within that period.

    Also, Chairman of Petroleum Technology Association of Nigeria (PETAN), Mr Bank-Anthony Okoroafor, said with the Act, all Product Sharing Contracts (PSC), would attract royalty based on a combination of water depth and oil price.

    “Before this Act, we had zero royalties from Agbami, Akpo, Bonga and Erha, our biggest producers,” he said.

  • ‘Mi Lord, I need medical attention’

    No one knows when sickness will come but for some politically exposed persons in Nigeria, ill-health and trials for corruption and other related offences are synonymous, writes ROBERT EGBE

     

    YOU can’t read the cartoon without a smile breaking out on your face. The little girl in a lime hijab stands next to her father as he sits in his chair, reading. The cover story headline of the newspaper in his hands is ‘Olisa Metuh’.

    “Dad, why do politicians fall sick in court?” she asks him.

    Without looking up, the father replies: “They are allergic to justice.”

    This political cartoon by award-winning political cartoonist and illustrator Mustapha Bulama captures the popular suspicion that politically exposed persons often feign illness to obtain bail, avoid or delay trials.

    Here’s how it works: A public official leaves office as right as rain. But as soon as or shortly after he or she is arraigned for corruption, the court is persuaded to grant bail, or permit a usually long trip abroad on the ground of a serious medical condition. Sometimes the medical trip is undertaken without the judge’s permission, causing a trial delay.

    It is not new or even solely Nigerian practice. On August 25, 2013, former Egyptian President Hosni Mubarak appeared in a courtroom cage in a wheelchair.

    But back home, last Thursday’s dramatic court appearance by former Chairman, Pension Reform Task Team, Abdulrasheed Maina, reignited public interest in the phenomenon.

    Maina and his 20-year-old son, Faisal, were arrested by operatives of the State Security Service (SSS) at the Pennsylvania Avenue Hotel, Utako, Abuja, on September 30, shortly after sneaking into Nigeria from Dubai.

    He was arrested after a four-year manhunt on suspicion of being involved in a N2 billion pension fraud.

    Father and son were arraigned on October 25, before the Federal High Court, Abuja by the Economic and Financial Crimes Commission (EFCC).

    While Maina is being prosecuted by the anti-graft agency on a 12-count charge of alleged money laundering, operating fictitious accounts and other fraudulent activities using some banks in the country, his son is facing a three-count charge bordering on money laundering and other offences.

    Both defendants pleaded not guilty and applied for bail.

    The court adjourned till Tuesday, October 29 to take his application seeking an abridgement of time to hear his bail application earlier fixed for November 19 and also for the continuation of evidence by the prosecution’s first witness.

    However, when the matter was called on Tuesday, Maina was not in court. He was said to be indisposed.

    Justice Okon Abang adjourned the ruling on bail application until last Thursday, November 7. Maina sent tongues wagging when he was wheeled into the court by two prison officials. Justice Abang said he was deeply touched when he saw Maina on the wheelchair.

    “When I saw him this morning, I was deeply touched. I would have on my own even adjourned the matter seeing him in this condition,” Abang said.

    On Sunday, Maina’s family refuted news by an online media that he was feigning sickness and receiving presidential treatment in Kuje Correctional Facility, where he is being detained.

    It said Maina has been on life support and medication for 15 years.

     

    Dino Melaye

    The former Senator representing Kogi West Senatorial District, Dino Melaye, on September 13 arrived for his trial at the Federal Capital Territory, FCT, High Court, in Apo, Abuja in a wheelchair.

    Two of his Aides, who wheeled him in, claimed that he could not stand alone, due to an injury he sustained in the last PDP Governorship primary election in Kogi State.

    Melaye told the Judge in the court that he could not stand in the dock to continue his criminal trial. He is facing a six-count criminal charge of attempted suicide, escape from police custody, damage to police property, mischief, and a threat to public servants.

    Justice Sylvester Orji had, at the last sitting on May 28, adjourned the case till September 11, 18, and October 3, for the continuation of hearing and examination of witnesses by the Defence Counsel.

    Melaye’s counsel Benson Igbanoi (who stood in for Mike Ozekhome), informed the judge that Melaye was injured in the governorship primary election conducted in Lokoja when gunmen invaded the Stadium, venue of the primary.

    Justice Orji, in his ruling, accepted the defendant’s plea and adjourned for twenty days, for the Melaye to open and close his case.

     

    Olisa Metuh

    A former spokesperson of the People’s Democratic Party, Olisa Metuh, on February 5, last year arrived at the Federal High Court, Abuja, venue of his corruption trial on a stretcher after being taken down from an ambulance.

    Metuh’s lawyer had, at the last adjourned date, informed Justice Okon Abang that his client was at the Nnamdi Azikiwe specialist hospital for treatment on spinal cord complications. The lawyers, led by Onyeachi Ikpeazu, asked for a long adjournment after presenting the hospital’s medical report on Metuh’s health condition.

    But Justice Abang refused the application for a long adjournment and threatened to allow the application made by the prosecution for the revocation of Metuh’s bail if he was not in court.

    However, on seeing the spokesperson in court on a stretcher, the judge granted the adjournment.

    “I have seen the condition that the first defendant is in. Seeing the condition, I am inclined to adjourn this matter to allow the first defendant to attend his trial,” he said.

    In the charge, the Economic and Financial Crimes Commission, EFCC, alleged that Metuh, before the 2015 presidential election, received N400million from the Office of the National Security Adviser without executing any contract.

     

    Haliru Bello

    A former chairman of the Peoples Democratic Party, Haliru Bello Mohammed, on January 5, 2016, appeared before the Federal High Court, Abuja, on a wheelchair.

    Bello appeared alongside his son, Abba Bello, following allegations of money laundering levelled against them and their firm, BAM projects and Properties Ltd, by the Economic and Financial Crimes Commission.

    The EFCC had on December 26, 2015, filed a four-count charge of money laundering against the politician and his son for their alleged role in the diversion of funds meant for the procurement of arms in the office of the National Security Adviser.

    Abbah Mohammed is alleged to have received N600m from the office of the National Security Adviser in the name of Bam Properties.

    Both defendants pleaded not guilty to the charges.

    The former PDP chairman’s counsel prayed the court to grant him bail, so he can attend to his health.

    Justice Ahmed Mohammed granted his application. He said the affidavits before the court showed that Bello and his son’s claims of ill health did not appear to be false.

    He noted that the first defendant, Abba Bello, was said to have bronchial asthma, while his father had an injury in the spinal cord.

    “Then it will be most unfair to refuse the bail application,” Justice Mohammed said.

    The judge ruled that the first and third defendants, Abba, and Haliru Bello, be granted bail on the condition that they provide N300 million and two sureties.

     

    Patrick Akpobolokemi

    In a manner similar to most of the Bellos, an ex-Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, on January 14, 2016, walked into the premises of the Federal High Court in Lagos with the aid of a crutch.

    On June 1, 2018, the Court of Appeal, Lagos Division, discharged and acquitted Akpobolokemi, who was charged with an alleged fraud of N2.6bn by the Economic and Financial Crimes Commission (EFCC),

     

    Rickey Tarfa

    On June 21, a Lagos High Court in Igbosere gave a Senior Advocate of Nigeria (SAN), Mr Rickey Tarfa, 90 more days to recuperate from surgery.

    Justice Adedayo Akintoye made the order following Tarfa’s application for more time after suffering unexpected complications.

    The Silk had not been unable to attend his trial for alleged judge bribery since last January 21, when he visited Europe following a medical emergency.

    He is standing trial on a 26-count charge of offering gratification to two judges of the Federal High Court – Justices Hyeladzira Nganjiwa and Mohammed Yunusa – as well as alleged justice perversion.

    Upon his return to Nigeria, Tarfa did not set foot in the courtroom on March 11, 19, May 8 and 31 when the matter came up.

    He always stayed downstairs in his car.

    According to his counsel, Mr Abiodun Owonikoko SAN, Tarfa was unable to climb the staircase leading to Justice Akintoye’s courtroom, even on a wheelchair, because of the severity of his condition.

    On March 19, Owonikoko filed a medical recommendation from Tarfa’s doctors which stated that the defendant required a minimum of three months of medical leave to enable him to recuperate.

    The three months would have elapsed last June 19.

     

    Diezani Alison-Madueke

    On August 10, 2018, it was claimed that former Petroleum Minister, Mrs Diezani Alison-Madueke is being treated for cancer in the United Kingdom (UK).

    The claim was followed by a picture of the ex-minister with greying, low cut hair.

    Alison-Madueke’s lawyer, Oscar Onwudiwe, said she had been battling the deadly disease right from when she was in office. He didn’t disclose the type of cancer she is suffering from.

    “The health crisis has unfortunately exacerbated in recent times,” Onwudiwe said, adding that she underwent chemotherapy and would undergo surgery.

    The former minister was arrested by the UK’s National Crime Agency (NCA) alongside four others for bribery and money laundering. She was later released on bail.

    She is wanted in Nigeria for alleged multibillion-dollar fraud.

    ‘Difficult to know whether the sickness is genuine or fake’

    According to the Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), some Nigerians feign sickness during a trial in an attempt to avoid the consequences of their alleged offence.

    “I am worried by the attitudes of public officials who play the sick game whenever they are being tried. The only thing is from what I see on television, it is difficult for me to know whether it is genuine or fake.

    “This is our attitude in this country. When you are engaging in impunity, you do it in full health but when payback time comes, then you are sick and you want to avoid the consequences of what you did with open eyes.

    “This is what I’m always talking about. Let us do what is right and not now begin to look for excuses and promote sentiments when you are being visited by the law for the wrongdoings you committed. It is very unfortunate,” Sagay said.

  • Buhari’s gift to Kajola, Nigeria

    The groundbreaking of a wagon assembly plant in Nigeria, last Saturday, has brought closer home a new bouquet of opportunities for the host community and Nigeria, writes ADEYINKA ADERIBIGBE

     

    THE atmosphere in Kajola, Ogun State, on Saturday, was electrifying. The young and old, male and female, toddlers and babies straddled to the back of their mothers, emptied themselves into the wagon assembly plant site to behold a wonder that will change the trajectory of their lives and their peasant living forever.

    Even in the Southwest, Kajola is a relatively unknown community. The coming of an assembly plant was, for them, a dream. Most of them looked stunned like the Biblical Zion, for whom, the Lord returned its captivity. Last Saturday, the step that would change the story and destiny of their nativity started. By the time it fully comes on stream, Kajola will become known, not only in the West Africa sub-region, not only in Africa but across the globe as a train city, for the production of train wagons and sundry parts.

    The project was a necessary icing on the nation’s railway modernisation Masterplan agenda, which the Muhammadu Buhari administration kicked off in 2006.

    When Minister for Transportation Rotimi Amaechi requested that the contractor – China Civil Engineering Construction Corporation (CCECC) – establish an assembly plant in Nigeria, it looked too far-fetched, but last year, it signed the dotted lines and a year later, the groundbreaking of what will emerge as a breathtaking plant is taking off.

    The feasibility study carried out by CCECC indicated such investment would be richly rewarding and that Nigeria could become a hub for railway rolling stock and hardware for Africa for the production, assembly, maintenance and procurement of wagons and auxiliary services.

    This is more so as many African countries are waking up to embracing the rail systems as the backbone of mass transit planning for passenger and cargo traffic.

    According to Amaechi, the plant is a wholly Chinese investment and Kajola was selected by the Chinese corporation itself after a careful feasibility study of all locations along the Lagos-Ibadan corridor.

    The plant, said the minister, is the crystallisation of the Lot II of the Lagos-Kano standard gauge rail line (Lagos-Ibadan standard Gauge), on March 17, 2017, with the extension to Apapa.

    He said the plant would service the wagon needs of the various railway systems among which are the Itakpe-Warri-Ajaokuta railway, the Lagos-Calabar coastline rail project and the eastern line rail project.

    He said: “It was in furtherance of these objectives that the Federal Ministry of Transportation and Messrs CCECC signed a deed of agreement for the establishment of this plant on March 17, 2018, to begin the production and assembly of rolling stocks, spare parts and maintenance equipment in Nigeria.

    “Consequently Messrs CCECC conducted a feasibility study in which the choice of Kajola, Ogun State was arrived at as scheduled location for the project.”

    He added that the wagon assembly plant was a direct investment of Messrs CCECC Nigeria Limited and seen as part of the gains of the contract signed for the building of the standard gauge in Nigeria. “This would be the first of its kind in Nigeria, and the first batch of wagons to be used on the completion of this Lagos-Ibadan rail project is expected to be produced from this plant,” he said.

    He said the project would be able to generate about 5000 jobs and in the long run, it would be able to transfer rolling stock technology to Nigerian youths and “from here we expect to be exporting wagons and expertise to other African countries, thereby conserving our foreign exchange which can be deployed to other areas of development.”

    He said the vision of the ministry “is to develop a robust local capacity to construct, sustain and maintain the new railway system, adding that the coming of the assembly plant is a major pillar in the entire mix.”

    Amaechi added that the wagon assembly plant would meet localised production of wagons, which would be deployed to the modernised rail tracks.

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    He described it as a breakthrough in the manufacturing of Nigerian railway wagon equipment, which will greatly improve the comprehensive strength of the Nigerian Railway and boost a broad development prospect for the nation’s railway transportation sub-sector.

    He said upon completion, the project would increase available employment opportunities, improve opportunities for technology transfer for Nigerians and accelerate the development of the nation’s railway system, technology and industry.

    CCECC Nigeria Ltd Managing Director Michael Jiang said the corporation decided to invest in an assembly plant in Nigeria to further demonstrate its confidence in the giant strides of the government in developing reliable railway super-structure for the country.

    He said: “We are very proud to be part of the history that Nigeria is making today. CCECC is impressed by the commitment of the Nigerian government and the Federal Ministry to modernise the railway.”

    Giving the project overview of the assembly plant, Jiang said the plant “is collocated and built with Kajola Locomotive and Rolling Stocks Depot (Kajola LRD) of the Lagos-Ibadan Railway project.”

    The project, he disclosed, shares the entry and exit line with Kajola LRD the components, raw and ancillary materials used in wagon assembly are manufactured in China and transported to Nigeria.

    According to him, processes, such as welding, assembly, painting, drying and testing will be carried out in the wagon assembly plant to complete the assembly of new wagons. The assembly plant will also have an unloading track, a train braking testing track, two inspection and acceptance tracks and one shunting neck.

    “In the wagon assembly plant, there are large parts unloading shed, car body production workshop, inspection and acceptance workshop, painting and drying room, metering room, equipment maintenance room, hazardous cargo warehouse and depot office building, living buildings and related ancillary facilities.”

    According to Jiang, the assembly plant when fully on stream, will be able to produce 500 wagons every year, and can produce all categories of wagons such as the open wagon, container flat wagon, tank wagon and box wagon.

    Vice President Yemi Osinbajo described the plant as an important project for the production of rolling stock, spare part and maintenance equipment needed for the railway modernisation programme being undertaken by the Buhari administration.

    “This ceremony is not just another event, it is historic for a president for whom the railway modernisation is a passion, he sees the railway as not just an alternative and comfortable mode of travel, it holds the master key to transforming commerce in Nigeria and across the continent. By linking our ports to a rail line and now building a rolling stock locally, import and export within and out of Africa’s largest market will be completely transformed.”

    He said the siting of the project exemplified the President’s commitment as contained in Executive Order 5 to prioritise Nigerians and Nigerian enterprises in the innovation, production and procurement of engineering projects and services.

    “The plant, as proposed will offer an important platform for engineers, technicians, artisans and other professionals to gain specialised skills required for the production and maintenance of rolling stocks.”

    He urged Messrs CCECC to “move on very quickly to the assembly and construction of coaches and locomotives. This for us will be a significant breakthrough.”

    He lauded the leadership of the host community, Kajola, and its environs, for the support for the take-off of the assembly plant and other relevant Federal Government Projects in the area. “It is imperative for the host communities to continue to support the government efforts by effectively cooperating with the contractor in safeguarding these lasting investments.”

    He expressed the hope that the initiative by the CCECC would be the beginning of a massive industry around building railway equipment and infrastructure.

    A trader and Kajola resident, Mrs Tawakalitu Ahmed, lauded the Federal Government.

    “I must confess that we did not know that what they plan to site here is such a huge plant, but now that we know, we are grateful to the Federal Government, the Vice President and the CCECC for bringing an assembly plant to us in Kajola. Even without the completion of the project, things have started getting better for the people as the market has improved artisans and technicians now have work to do,” she said.

    Mr Solomon Adeyemi, a landlord in the area, said: “We are very happy. This has brought us so much joy and honour; we are impressed that the Federal Government situates this here.”

    He said the project would add value to land in and around Kajola and urged developers to begin to look towards the axis for good returns on investment as “a new city will emerge from the wastelands of Kajola.”He added: “We never expected this when we bought land here. When we came here it was a thick forest but with this plant, so many developments will be attracted here.”

    He urged the government to fast track the provision of stable electricity supply, potable water schools, hospital and other social amenities that would make life worth living for the people.

    Chief Ahmed Oloyede, a resident, said the plant would boost the economic development of Kajola and transform it from an agrarian community to a rail city that would be renowned all over the world.

    Micheal Olatunji, a retired headmaster living in Kajola, said the plant when completed would boost socio-economic activities of the area.

    Ogun State House of Assembly Speaker Olakunle Oluomo lauded the Buhari administration for the project, which, he said, will open up the area and provide direct and indirect employment opportunities for residents.

    “This is fantastic. The plant will open up Kajola economically and there would be more jobs for youths and opportunities to even be entrepreneurs in auxiliary services that would be created by the plant.

    “The state will develop in terms of mass movement of people here, trading, sales, schools and others.”

    Olu of Ifo Oba Samuel Oladipupo and head of the traditional institution in the area described himself as the luckiest to have witnessed the epochal event. He said the assembly plant would transform Kajola and Ifoland.

    Oladipupo said: “We are happy with this development that is why I am here with all my chiefs and Baales even without any official invitation. It will bring happiness and progress to our people and my domain.”

     

  • Lives at risk over poor access to safe food, medicines

    A new report, which was launched at the weekend in Rome, Italy, calls on governments, industry and development partners to urgently work together to reduce the number of people at risk from lack of access to cooling for comfort, safety, nutrition and health needs, Assistant Editor BOLA OLAJUWON writes.

    The National Electricity Transmission System, also known as the power grid, experienced a total collapse twice in four hours at the weekend.

    The system, which is being managed by the Transmission Company of Nigeria (TCN), has continued to suffer collapse over the years amid a lack of revolving reserve meant to forestall such occurrences.

    One of the nation’s distribution companies, Eko Electricity Distribution Plc, confirmed the collapse on Saturday. It explained that the grid collapsed at 11:15 p.m. on Friday and 3:15 a.m. on Saturday.

    There are many causes of power failures in an electricity network. Examples of these causes include faults at power stations, damage to electric transmission lines, substations or other parts of the distribution system, a short circuit, cascading failure, fuse or circuit breaker operation.

    The collapse is coming as temperatures hit record highs globally. According to a report released by Sustainable Energy for All (SEforALL), entitled: ‘Chilling Prospects: Tracking Sustainable Cooling for All 2019’, which was released at the weekend, significant African populations are at increasing risk from lack of cooling access to tame the high temperatures.

    The Chilling Prospects report, made available by African Media Agency (AMA), shines a light on the growing ‘cooling access challenge, a spike in global energy demand, and profound climate impacts. It indicated that public safety, health, safe medicine and food supply for 1.05 billion people in poor rural and urban areas are now at risk from lack of access to cooling.

    The report, which was launched during the Meeting of the Parties to the Montreal Protocol (MOP 31) in Rome, Italy, takes stock of progress made over the past year, highlighting new solutions to sustainable access to cooling and calling on governments, industry, and development finance to urgently work together to reduce the number of people at risk from lack of access to cooling. It also provides a new tool, The Cooling for All Needs Assessment, for governments, NGOs and development institutions to accurately size the market for cooling demands based on comfort, safety, nutrition and health needs.

    A challenge for Nigeria and 11 other African countries

    The report, which is the second in the Chilling Prospects series, serves as a follow-up to the inaugural report’s wake-up call and call to action. The findings outlined in this year’s report, which was made available to The Nation, shows that 1.05 billion people face serious cooling access risks, especially in the area of availability of cold chain, which is temperature-controlled supply chain, consisting of a sequence of refrigerated production, storage, and distribution activities, along with associated equipment and logistics, which maintain a desired low-temperature range. It is used to preserve, extend, and ensure the shelf life of products.

    The report was produced in partnership and supported by the Kigali Cooling Efficiency Program (K-CEP). The Chilling Prospects research is part of SEforALL’s Cooling for All initiative, which developed the report along with contributions from the Global Panel on Access to Cooling.

    In 52 high-risk countries, 365 million people in rural areas and 680 million people in urban slums are at risk due to poor rural areas without access to safe food and medicines and poor urban slums with little or no cooling to protect them in a heatwave.

    In Africa, the rates of growth for those at high risk, the rural poor and the urban poor, have increased beyond the rate of population growth (5.7 per cent), with increases of 28.7 per cent and 19.1 per cent. According to the report, more worrying is the concentration of countries in Africa that exhibit high concentrations of populations at risk.

    Of the African countries identified as high impact, the report indicated that 12 have over 60 per cent of their populations at highest risk and they are Nigeria, Angola, Benin, Burkina Faso, Djibouti, Guinea-Bissau, Liberia, Malawi, Mali, Mozambique, South Sudan, and Togo. Overall, of the high impact countries in Africa, 47 per cent of their total population is categorised as the highest risk, up from 40 per cent in 2018.

    The Global Panel on Access to Cooling said urban poor might have some access to electricity, but housing quality is likely to be very poor and income might not be sufficient to purchase or run a fan. “They may own or have access to a refrigerator, but intermittent electricity supplies may mean that food often spoils and there is a high risk of food poisoning,” the report indicated.

    To show that the report was not meant to attack African countries only, it indicated that 2.2 billion people present a different risk, a rising, lower-middle-class in developing countries, who are only able to afford cheaper, less efficient air conditioners, which could spike global energy demand and have profound climate impacts.

    Tackling the challenge

    The panel noted that addressing unreliable, energy-inefficient cold chains for life-saving medicines and safe food key to delivering sustainable cooling access without exacerbating the climate crisis It called on governments, industry and development finance to urgently provide sustainable cooling solutions for high-risk groups.

    The report finds that the growth rate of the high-risk countries in Africa is significantly greater than the rate of population growth. While population growth across Africa averages at 5.7 per cent, the expected growth rate for those at high risk from lack of cooling access is 19.1 per cent for the urban poor (those living largely in urban slums) and 28.7 per cent for the rural poor (those living in rural areas and largely without access to electricity).

    This increase in risk seems to be driven by rapid urbanisation, drawing people from poor rural settings, placing more and more pressure on urban slums to support them, and a lack of electricity access gains.

    António Mexia, Chairman of the SEforALL Administrative Board and CEO of Energias de Portugal (EDP) said: “As the world rapidly urbanises and temperatures only grow, we risk a significant increase in the number of people without access to sustainable cooling.

    “By 2030, the cost of productivity losses will be $2 trillion, and it will be the developing world that suffers the greatest ‘productivity penalty’ as they deal with record temperatures and lack of cooling, stunting economic growth and further exacerbating global cooling inequity.”

    Also, Brian Dean, Head of Cooling and Energy Efficiency at Sustainable Energy for All, highlighted the need to see cooling access as a right.

    “In a warming world facing ongoing deadly impacts from climate change, we cannot view cooling as a luxury. In a heatwave, it can be a matter of life or death for children and older people. It ensures that workers are productive, that families can store nutritious food securely, and that infants can receive an effective vaccine in a rural clinic. Delivering sustainable cooling is an issue of equity that will enable millions to escape poverty and help to realise the Sustainable Development Goals.”

    The way out

    According to the panel, many countries do not have national cooling plans that will invest in infrastructure to provide residential and commercial cooling, address damage to the climate by inefficient cooling systems and establish cold chains that support food security and medical security.

    Among series of action-oriented recommendations, complete with resources, to allow policymakers, development financiers and industry to accelerate access to cooling are: Government policymakers should develop and implement comprehensive national cooling plans that protect the vulnerable, using the Cooling for All Needs Assessment to measure demand and aggregate solutions.

    It urged donors, development practitioners and financiers, to prioritise the most vulnerable. To do so, they must harness a diverse set of financing tools to deliver universal cooling access. There is also a clear need to track financial flows directed towards access to cooling for at-risk populations.

    Industry and business firms were asked to ensure efficiency and affordability at the ‘Base of the Pyramid’, accelerating action through skills development, maintenance, and technician training. In addition to supporting policy planning at the national level, cities and local authorities were urged to use the Cooling for All Needs Assessment to identify priority actions to protect their most vulnerable populations.

    The panel noted that the National Cooling Plan is a plan developed by a national government that can take different forms, but often includes components such as outlooks on how cooling demand will evolve and grow over time, strategies that promote sustainable and smart cooling practices across the nation, roadmaps and timelines to adopt and increase the stringency of MEPS, and identification of potential to use financial mechanisms.

    It also called on governments to accommodate Heat Action Plan, which is a plan developed at the municipal or the regional level that includes several measures to address extreme heatwaves through the implementation, coordination and evaluation of activities aimed at avoiding and reducing the negative health impacts on the population.

    However, the solutions to tackling the challenge, the report indicated, must be done through needs assessment – a systematic process for determining and addressing needs or gaps between current conditions and desired conditions. The discrepancy, according to the panel, must be measured to appropriately identify the present need.