The Nation Newspaper

Tag: DELAY

  • TStv’s delay: We shall soon find out!

    TStv’s delay: We shall soon find out!

    Nigerians are becoming wary of the delay in the operation of the newly-launched Pay TV, TStv. The pay Tv multi-channel platform was launched on October 1, in Abuja. Apart from the ceremony which took place on that day, the company failed to start operations and distribute decoders as promised. Even the decoders the company said would be given to 5,000 Nigerians for free were obviously not available.

    A week after the ceremonious launch, TStv announced that commercial operations would start on November 1. Anticlimax!

    TStv’s entry into a market previously monopolized by DSTV was heralded with a lot of hype about the platform being the first pay-per-view Direct-To-Home satellite TV in Africa. Nigerians embraced the idea and joined the company in promoting the brand, online and offline.

    Nigerians were excited that they would be able to subscribe with as low as N300 and they can pause the subscription while travelling out of town. In addition, the brand promised 20GB internet data for those booking the full month’s subscription. The government had to join the people in supporting the indigenous player by granting it a three-year tax holiday.

    TStv promised a lot and it is still repeating those promises. However, Nigerians may be losing interest in the company. The postponement of commercial operation is a lag that has given Nigerians the chance to re-evaluate the promises rationally. The delay also gave competitors the chance to introduce additional value and consolidate their market territories.

    In addition to these, the stories being peddled online about TStv are capable of damaging its’ reputation. There are unconfirmed reports that TStv is having issues with its content providers. All TStv has done is refuting the stories and assuring Nigerians that the company will launch operationally with exciting contents on November 1st 2017.

    For now the buzz deflates day by day. As long as there is delay, Nigerians would keep speculating and detractors of TStv will always echo the news purportedly crafted by saboteurs.  Perhaps the narrative that those stories are coming from saboteurs is a cover for TStv’s negligence and inadequacies; we shall find out. Soon!

  • Arrest of Fayose’s aides shouldn’t cause salary delay, says APC

    The All Progressives Congress (APC) in Ekiti State has said the arrest of the Commissioner of Finance, Toyin Ojo and Accountant General, Mrs. Yemisi Owolabi, by the Economic and Financial Crimes Commission (EFCC) was not the cause of the delay in the payment of workers’ salaries.

    The party described the claim by the Chairman of the Trade Union Congress (TUC), Mr. Odunayo Adesoye, as “another conspiratorial role that some labour leaders have been playing to sabotage the interest of their members”.

    In a statement yesterday, Ekiti State APC’s Publicity Secretary Taiwo Olatunbosun expressed regrets that Labour had failed to protect the interests of workers but was ready to defend Governor Ayo Fayose’s alleged failure to pay their entitlements.

    Olatunbosun said: “It is common knowledge that a section of the Labour movement has compromised their office in the protection of workers’ interest. But Fayose should not hide under the arrest of the Commissioner for Finance, Toyin Ojo and the Accountant General, Yemisi Owolabi, for non-payment of salary.

    “Ojo is not a signatory to any salary account; there are two other alternate signatories who include the Director of Funds Management.

    “Ekiti people and workers in particular should also note that when the Accountant General was on leave for about three weeks recently, the financial transactions of the state were going on unhindered.

    “Therefore, contrary to TUC’s claim, there is no reason the arrest of the two state officials should be an excuse for non-payment of salaries by the governor, which of course, he has not been paying before their arrest.

    “Fayose has received several billions of naira in the form of bailout and Paris Club refund but has refused to pay workers’ salaries for five months: local government workers for eight months’ and pensioners’ 13 months’ allowance arrears. These include his refusal to pay the severance package of former political office holders after the funds for these purposes were captured in tranches of bailout and Paris Club refund.”

  • Clean-up delay: UN begs Ogoni to be patient

    Clean-up delay: UN begs Ogoni to be patient

    Six years after the United Nations Environmental Programme (UNEP) Report on Ogoniland, the United Nations has appealed to the people to exercise patience with the Federal Government over the delay in the commencement of the implementation process.

    The team of UN made the plea yesterday at a contaminated site in Kwawa community, Khana Local Government Area of Rivers State, during a familiarisation visit.

    Acting President Yemi Osinbajo last year inaugurated committees that would facilitate the implementation.

    The Resident Coordinator United Nations in Nigeria, Mr. Edward Kallou, who led the team, stated that the remediation process involved technical approaches that needed a lot of time to be achieved appropriately.

    Kallou, who disclosed that it was his first visit to Niger Delta, noted that he was in the area to have firsthand information on the devastation and the level of work done.

    He noted that work was on going in the implementation process and urged the people of the area to the give the Federal Government a chance to be able to deliver a better result.

    Kallou said: “I am here today on a familiarsation visit on Ogoniland. I am here to have a better understanding on the impact of the oil spill and the progress that has been made in the implementation of the UNEP assessment of the devastation in the area.”

    “There are two conclusions I want to draw in my visit. This is a very technical investment; it is not a rural type of investment where you are going to see houses built within a short period of time. My appeal is patience, to ensure that the required technical needs are met and to ensure that at the end of the cleanup it is properly done.”

    “The beneficiary communities or the affected areas are looking up to what are the critical outputs of this investment, but the project is on. It needs to be given time to ensure that the technical aspect of the work is done properly.

    “We need time to allow the experts on the ground to do the critical analysis that are required before an investment is done. My advice to the project coordinator to look at a diversified approach with a rural development focus within the project itself that can be delivered in a short term.”

    The Hydrocarbon Pollution Remediation Project, the body in charge of the remediation process, said it had commenced fully the training of graduates who would work to achieve the project.

    The Project Coordinator of HYPREP, Dr. Malvin Dekil, said over 12 people from different environmental related courses were been trained in different skills of remediation.

    He noted that there would be reassessment of impacted sites during the implementation proper as to capture the level of impact on the ground before a remediation plan is sketch for the area.

    He said: “We will take every site and capture the current contamination profile before we design a remediation plan for that area. We a will address that technically.”

     

    Wike appeals for urgent action

    Rivers State Governor Nyesom Wike has called on the leadership of the United Nations (UN) to prevail on the Federal Government to implement the clean-up of Ogoni-land, which was flagged off last year.

      Speaking at the Government House, Port Harcourt yeesterday when he granted audience to the United Nations Resident/Humanitarian Coordinator, Mr Edward Kallon, the governor regretted that nothing has so far been done on the Ogoni clean-up.

      He said large scale environmental pollution in different parts of the state leads to environmental degradation, which negatively affects the sources of livelihood of the people.

      He said the clean-up of Ogoni land should not be politicised, as it dwells directly on the development of the area.

      The governor said: “Yesterday in the Senate, somebody said that the Federal Government has not done anything as far as Ogoni clean up is concerned. When we were saying it, they said we were playing politics.  But now, it has dawned on them that nothing is being done.  So, we urge you to intervene.

      “Part of the problem we are having today is because of the lack of attention by the Federal Government when it has to do with Rivers State.  We will provide you with Helicopter to see what we are talking about.  Don’t only read it on papers. You will really pity us. “

      Speaking further, Governor Wike said: “The Federal Government has taken our oil and our environment has been degraded.  Nothing seems to be done.

      “We urge you on your own part as the United Nations to impress on the Federal Government that this clean up is very serious.  Let it not be a political issue. We should not play politics with the lives of the people.”

  • Dasuki’s absence ploy to delay trial, says prosecutor

    Dasuki’s absence ploy to delay trial, says prosecutor

    The trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), at a High Court of the Federal Capital Territory (FCT) was stalled yesterday due to his absence in court.

    When the matter came up for hearing, prosecution counsel Mr. Oluwaleke Atolagbe told Justice Hussein Baba-Yusuf that the absence of the former NSA was a ploy to delay the trial.

    Dasuki is charged by the Economic and Financial Crimes Commission (EFCC) with a former Minister of State for Finance, Bashir Yuguda; former director of Finance and Administration in the Office of the NSA (ONSA) Shuaibu Salisu; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Attahiru; and the company belonging to the former governor, Dalhatu Investment Limited.

    He is also facing a 22-count charge bordering of criminal breach of trust and fraudulent diversion of public fund, totalling N19.4 billion, contrary to Section 215 of Penal Code and Section 17 (b) of the EFCC Act, 2004.

    Atolagbe stated that though yesterday was scheduled for commencement of trial, the prosecution received a letter from the office of the counsel to the former NSA, Ahmed Raji (SAN), requesting an adjournment on the grounds that the second defendant had a case at the Federal High Court, Abuja.

    Atolagbe said: “The situation is most unfortunate. When I contacted the officials of this court, I was told the court is ready. We are ready and it is apparent other counsel are ready too.”

    “This attitude of the second defendant counsel is deliberate. The same set of counsel representing Dasuki took this date with the rest of us together.

    “This is unfair on both the prosecution and other counsels and even my lord. This is a ploy to stall this trial. This should be strongly condemned by my lord.”

    He informed the court some witnesses are in court, but that the case could not hold due to Dasuki’s absence.

    Counsel to other defendants informed the court they received the letter from the second defendant’s counsel when they got to court.

    They agreed the matter could not proceed without Dasuki in court since it was a joint trial. They did not object to the application for adjournment.

    Ruling on the application, the judge stated that he agreed with the submission that the application was a ploy to delay trial.

    “By this type of conduct, the counsel to the second defendant is already tasking the patience of the court,” the judge declared.

    Justice Baba-Yusuf said he had no option than to agree to adjourn the matter due to Dasuki’s absence.

    He adjourned the case till June 29 for hearing.

  • Dear CJN Onnoghen: Delay is dangerous

    And it’s the danger inherent that this place will sound out.

    Growing up in the north, one thing that is completely unmistakable is the fatalistic view to life. Death is – the will of Allah.

    Coming down south is a contrast there, with the sense of extreme anguish, grief, sorrow, mourning, wickedness to widows, etc. The widows are victims but the extreme anguish I seem to understand now as an adult.

    The Ibos are an industrious set of folk. Traditionally their social system involves minimal dependence on government, rather they have a desire to do something for the government.

    The businessmen have an established system of trading involving being apprenticed for several years in an existing shop or business. Here they work morning to night 6 days a week save in Ibo Supermarkets where they work for 6½ days. At the end, their master sets them up with money, consignment of goods and all that it will take to branch out in that business independently. From his profit, he takes care of everything – his extended family, in-laws and always contributes to his homestate community. The same goes for the Ibo businesswoman.

    So the loss of one Ibo trader is equivalent to the loss of One Nation. The loss of a female Ibo trader as happened to the Apo Six translates to the potentials for creating 60 more “Vampires” – ruthless kidnappers, killers and underworld kingpins who gruesomely murder household breadwinners.

    And then is justice delayed.

    The role of government is only to slam them (traders) with a tax menu – they pay. Push their business places far out of town and with no good road – they commute day and night, rising early, returning late. Government’s customs, excise and relevant departments are notoriously corrupt and make Ibo businessmen their target – the Ibos always ‘settle’.

    The minimal obligation these defenseless, hardworking ones would expect from government is protection of lives and property – like all other citizens of the federal republic. No. They are the ones the trigger happy policemen slay, as they return from ‘market’. Tragic!

    The Apo Six case is my antithesis. Tunji Adegboyega in The Nation titled his piece thus: “At last, Apo Six killers to die.” He says ‘It is difficult to believe that the Apo Six were killed 12 years ago. The incident was well reported in the media, making it compelling for the authorities to be concerned. Perhaps it would have passed off as one of those extra-judicial killings by some of our trigger-happy policemen.’

    This reminds me of another celebrated but inconclusive killer-police case. This one involved a very senior police officer who, after a romp in a hotel with one of his junior wives, shot and killed her for making an unreasonable financial demand of him – his confession.

    Almost makes the Apo Six killer policemen seem unlucky!                                  Still quoting Adegboyega “One can be sad that it took 12 long years …that justice is coming the way of victims’ relatives is still something to cheer.”

    The sentence by Justice Ishaq Bello of the Abuja high Court 12 years after confessional statements were made by the killers will likely only kick off another long process. It could go something like this: upon appeal, the case would then be referred to the Appeal Court where the procedure would be required to be started all over again.

    12 – 15 years later maybe, it would then land at the Supreme Court: Woe betides us if that year is an election year. All pending cases will be set aside for 1 ½ years till more important election petition matters would have been handled.

    By this time though, the children of one of the victims, Augustina Arebon would have grown up as motherless babies – without a mother who was most likely the bread winner in that family, under this harsh economic climate.

    Worse still, more trigger-happy cops would have attacked and killed countless more defenseless citizens in the interim – knowing the worst thing that could happen would be spending some time off in jail before the case would die down, like others before. Just last week a nursing mother was brutalized and assaulted by policemen at a road checkpoint.

    Or where is CLIFORD ORJI TODAY? It is against this grim background that I have situated the Onnoghen confirmation saga, so it does not die down too. Section 231 (1) of the  ’99 constitution says the appointment to the office of the Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council (NJC) subject to confirmation by the Senate.

    The NJC had duly recommended Justice Walter Nkanu Onnoghen to the President one month before the former CJN’s retirement date on 10th Nov. 2016. But Onnoghen was simply sworn in, in acting capacity and not referred to the senate for confirmation. Constitutionally, the CJN can only remain in acting capacity for 3 months: this ended in February 10th. I just wonder how did Onnoghen feel; how did he feel throughout his waiting period, with no positive signal in sight?

    In that interim another name (Ibrahim Magu) was repeatedly sent for another office (EFCC Chair) to the senate for confirmation: how did THAT STRIKE Onnoghen?

    Note that between 10th and 28th February a constitutional lacuna was created: Onnoghen’s acting tenure expired, the NJC did not recommend his continued stay, neither did they recommend the person next in seniority to the position.

    So the law refused to act on the law on itself. 

    All through, no reason was given by the executive for the aberration which could have resulted in a crisis in the judiciary, with speculation rife all over the polity, giving the lapses ethnic undertones that were both mindless and needless.

    The four month delay in forwarding the nomination was long, but not nearly as long as the one hundred and forty-four (144) month long delay by the courts in sentencing the Apo 6 killers.

    See, all those 12 long years the courts continued to sit, and high profile cases, big cases of political bigwigs were being dispensed while the relatives of the Apo 6 were kept waiting in suspense.

    Maybe this is the way, though seemingly tough, that providence has chosen to galvanize Nigeria’s top judges; all the judges to see in living colour, the grave injustice of justice delayed.

    Let that CJN saga be taken as a salvo, a call to action, a shakeup, a wake-up; the push we have all been yearning for in this nation to see speedy dispensation of justice in Nigeria. Only then would all the trauma have been resolved.

  • Lagos asks Queens College to delay resumption

    Lagos asks Queens College to delay resumption

    The Lagos State government has recommended that Queens College, Yaba, delay its resumption till appropriate measures are in place for the safety of its pupils.

    According to Commissioner of Health Jide Idris, the recommendation was necessary to ensure that all sources of contaminants in the school, which have been causing the death of pupils be properly handled.

    Idris said the source of the problem was contaminated water.

    The commissioner said:  “Available health records from the sick bay showed that the date of onset of illness was January 16.

    The total number of pupils at the clinic on account of abdominal pain, fever, vomiting and diarrhea was 1, 222 from the first date of presentation January 16 to the last date of presentation February 15.

    “There were four peak periods of infection namely  January 31, February 2, February 8 and February 14.

    “The highest peak was   January 31. Sixteen cases were admitted in various hospitals.

    Nine have been discharged, two died, one is still on admission at the Intensive Care Unit of  Lagos University Teaching Hospital (LASUTH), Ikeja and three in Lagos University Teaching Hospital (LUTH), Idi-Araba.

    “Water samples from six sources in the school were collected and analysed at LASUTH’s Drug Quality Control Laboratory.

    “Another day of water samples from 10 sources were collected and analysed at LUTH’s Microbiology Department.”

    Idris said the results from the two laboratories showed high bacterial content in the water samples from the kitchen, behind dining hall and Queen’s Delight, the school’s water factory.

    The bacteria range from Coliforms, Escherichia Coli, Salmonella, Klebsiella Ozoana and Aeromonas Hydrophila.

    He said specimens collected from 40 kitchen staff revealed cysts of Entamoeba Histolytica were isolated in the stool of 23 food handlers, Salmonella Paratyphi, the causative agent of Typhoid fever, was also isolated from three food handlers.

    “All these imply a common source (continuous) outbreak showing repeated or continuous infection from exposure to the infectious agent.

    “Findings from the investigation were consistent with Enteric Fever.

    “The infection was most likely spread through contaminated water sources and infection by good handlers,” said Idris.

    He said it is pertinent to once more enlighten the public on good, water-borne, sanitation and hygiene related diseases.

    “We advise that the resumption be delayed till appropriate measures have been put in place for the pupils’ safety.”

  • How to curb delay in trial of treasury ‘looters’, by experts

    How to curb delay in trial of treasury ‘looters’, by experts

    More than six months after the Federal Government opened the first round of cases against suspected public treasury looters, no conviction has been recorded. This development has been attributed to many causes, particularly the dilatory tactics by lawyers with the connivance of some judges. Experts suggest that the government needs to review its tactics if it wishes to succeed. Senior Correspondent ERIC IKHILAE reports

    •CJN, Sagay, Falana, Akintola, others speak

    The Federal Government has re-activated its various investigative agencies and the investigation of former and serving officers, suspected to have been involved in acts of corruption have been on.

    But, more than six months after cases were instituted against some past public office holders in the court, none has reached judgmentstatge. At best, about a few have progressed to the level where the defendants must enter their defence.

    Despite the fact that many of the criminal cases are battling to survive the inherent weaknesses in the nation’s Criminal Justice System, the government is planning to institute  more as investigations keep revealing new cases.

    The question is: Why is the government yet to achieve meaningful progress in its prosecution of corruption cases despite the introduction the Administration of Criminal Justice Act (ACJA) 2015, with its many innovations intended at addressing the causes of delay in criminal trials?

    Experts argue that the reasons vary from institutional inadequacies to human activities. They blamed, particularly, players in the justice sector, especially lawyers and judges for the delay. Lawyers, in many instances, employ all dilatory tactics to prevent the trial of their clients. Some judges tag along or accommodate the lawyers’ antics.

    For instance the trial of the Senate President, Bukola Saraki before the Code of Conduct Tribunal (CCT) commenced late last year. More than six months after he was arraigned on September 22, 2015 for false asset declaration, proceedings have been held down by the activities of defence lawyers.

    Shortly after his arraignment, Saraki promptly challenged the competence of the charge, the composition of the tribunal, the manner of service of the charge on him, among many sundry issues in a notice of preliminary objection filed by his legal counsel.

    When the tribunal refused his application, Saraki pursued his objection to the Supreme Court, with the apex court ordering a stay of proceedings at the CCT, pending its determination of the appeal, which it eventually did on February 5 this year, dismissing it for lacking in merit.

    Although in reacting to the February 5 Supreme Court judgment, in which he was asked to submit himself for trial, Saraki expressed delight that the opportunity has come for him to prove his innocence, Saraki, by the conduct of his lawyers, appears bent on stalling the process.

    Immediately after the Supreme Court’s decision, Saraki engaged the services of a former Attorney-General of the Federation (AGF) and Minister of Justice Kanu Agabi, (SAN). Incidentally, the lead prosecution lawyer, Rotimi Jacobs (SAN), and tribunal Chairman, Danladi Umar, had at some time in the past served under Agabi, a development which stirred suspicious in some quarters that Saraki’s choice of Agabi was influence by other considerations other than conducting effective defence.

    Shortly after his engagement, Agabi filed a fresh application challenging the tribunals’ jurisdiction. Despite an argument by Jacobs that the application was intended to clog the case, and suggested that it should be heard after trial, as directed in Sections 221 and 396(2) of the ACJA, Umar proceeded to determine the application, and refused it.

    Saraki has since appealed that decision. His appeal filed in that regard has been scheduled for hearing by the Court of Appeal in Abuja.

    Even as the Senate President was before the tribunal, challenging its jurisdiction, he also filed a fundamental rights enforcement suit before the Federal High Court, Abuja, arguing that he was not going to get justice before the CCT on the ground that Umar was allegedly being investigated by the agency conducting his (Saraki’s) prosecution, the Economic and Financial Crimes Commission (EFCC). He urged the court to stop his trial before the CCT.

    On April 16, Justice Adamu  Kafarati of the Federal High Court, Abuja decided Saraki’s fundamental rights suit He described it as an abuse of court process and dismissed it. Shortly after, Saraki took the issues rejected by Justice Kafarati before the CCT in an application filed by another of his lawyers, Ajibola Oluyede, asking Umar to recluse himself from further participating in the proceedings on the ground that he was allegedly being investigated by the EFCC.

    On April 28, the tribunal ruled on the application and dismissed it for lacking in merit. Saraki has since appealed the decision. When many thought he was done, Saraki has again filed a fresh application asking Umar to disqualify himself, arguing that the tribunal’s chairman has exhibited elements of bias in his comments.

    He referred to a reported comment by the tribunal chair, who, while resenting the delay tactics being adopted by Saraki’s legal team to stall proceedings, warned that the delay would not affect the consequences the defendant will suffer at the end of trial if convicted. The application has been slated for hearing tomorrow.

    The conduct of the defence in the Saraki case has left many wondering if the trial will ever end. For about two months now, the defence has not concluded its cross-examination of the first prosecution witness having engaged him for 12 days.

    The situation is not different in the cases involving former National Security Adviser (NSA) Sambo Dasuki and the Niger-Delta militant, Government Ekpemupolo (Tompolo).

    In the case of Tompolo, he was served with a charge earlier this year and required to attend court for his arraignment. Rather than advise him to obey the law, his lawyer went before the court to challenge the service of the charge on his client. Even when the court later issued a bench warrant for Tompolo’s arrest, his lawyers are still filing processes and not encouraging him to come out from hiding.

    His lawyers have appealed the decision of the Federal High Court, Lagos to issue bench warrant on him and have Tompolo filed through his team of lawyers including Tayo Oyetibo (SAN) and Ebun Olu Adegboruwa, an application challenging the constitutionality of Sections 221 and 306 of the ACJA.

    The Section states that objections shall not be taken during proceedings or trial on the ground of imperfect or erroneous charge. Section 306 abolished the practice of stay of trial proceedings pending the hearing of appeals on a preliminary point.

    Observers have argued that without urgent measures on the part of the Federal Government, those working to stall proceedings in the on-going trials of rich and prominent individuals will end up frustrating its efforts at curbing corruption.

    The Secretary to the Government of the Federation (SGF), Babachir David Lawal, stressed this fact when he observed that the role of lawyers and some ‘compromised’ judges, who offer their expertise to indicted individuals and deploy delay tactics and other underhand methods to frustrate the successful prosecution of criminal cases, was particularly injurious to the Fed Government’s anti-corruption campaign.

    Lawal, who spoke through the Director, Nigerian National Volunteer Services (NNVS), Tor Tsavsar, at a workshop in Abuja last week, stressed the need for professionals to see themselves as stakeholders in government’s anti-graft efforts if the country was to grow and attain needed development.

    He said: “From recent revelations, corruption is usually aided and facilitated by conniving civil servants and professionals in the public and private sectors. It is no news that most stolen funds are laundered through our banks and other offshore entities that are owned and managed by professionals.

    “A recent case of the ‘Panama Papers scandals’ is an example of how politicians, criminals and rogue industries were assisted by professionals to launder stolen funds. It is equally regrettable that some of the professionals do not stop at aiding, abetting and facilitating the stealing of public funds, but more often than not, go further to offer direct and indirect support to indicted officials to beat the law.

    “It is no more news that corrupt officials are able to engage some of our seasoned lawyers, who employ negative tactics ‘in or out of court’ to frustrate trials of indicted officials. The retinues of frivolous interlocutory applications, which are pursued up to the apex court, while actions on substantive matters are stayed, are common examples of how professional lawyers frustrate the fight against corruption.

    “Similarly, some compromised judges always exhibit a disquieting tendency to indulge these lawyers in their unpatriotic and unscrupulous conduct. The attitude of some of our legal practitioners and judges have become so alarming that Mr. President had, on few occasions, lamented their role in the fight against corruption.

    “The Nigerian government is facing enormous challenges to reflate the economy, build infrastructure, create employment, provide education and healthcare to the people, but these lofty objectives will remain a mirage if corruption remains entrenched.

    “The fight against corruption can only be fought and won when every Nigerian, particularly our professional lawyers, accountants, auditors, engineers, etcetera rise above petty considerations and genuinely support the efforts of the government,” the SGF told his audience.

    It has, however, been argued that a more coordinated approach to prosecution of cases will only yield the desired result.  This coordination, many argued should be the major responsibility of the AGF, whose major responsibilities include advising the government on legal matters and prosecute cases on behalf of the Federal Government.

    The AGF, Abubakar Malami (SAN), some say, has not exhibited his capacity in the area of providing leadership in coordinating the activities of the investigative agencies currently involved in the prosecution of corruption cases. At best, the AGF, whose employer’s major objective is the fight against corruption, seemed to be more concerned with other mundane issues.

    Many have expected the AGF to lead by example, by leading some prosecution teams in the prosecution of some of these high profile cases.

    Instead, Malami is involving himself in the unilateral recruitment of an ex-convict in effort to recover public funds trapped in some financial institutions, and the controversy generated by his involvement in the fine imposed on a telecommunication firm, an analyst who pleaded for anonymity alleged.

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed noted this lapse on the part of the Federal Government during a recent encounter with the AGF. He challenged Malami to show that the Executive was resolute in the fight against corruption with his personal involvement in the prosecution of some notable cases.

    Justice Mohammed noted: “Experience within the judiciary shows that there is abject lack of political will to prosecute some of those cases pending before our courts almost a decade in some instances. It is not because there are no special courts, but mostly for reasons of political expedience and other ancillary considerations.

    “I would likewise wish to encourage you (AGF) to display a greater resolve than your predecessors in tackling outstanding cases before the courts. In times past, the Attorney-General of the Federation would often lead teams of legal counsel in high profile cases so as to demonstrate the resolve of the government to enshrine the rule of law.

    “Sadly, recent Attorneys-General have become less inclined to do this.  I would certainly like to see you, as the Attorney-General, appear before us, especially in cases of important national purport.

    “There is the need for seasoned prosecutors to prepare and file charges before courts of competent jurisdiction so that criminal matters are timeously determined.

    “The quality of prosecutions presented in courts by our prosecutorial agencies must be improved upon, as they are sometimes of a standard that will never found a conviction in any court anywhere. Yet, a well-prepared prosecution can see to the determination of criminal matter within a month.

    “Of course, no competent prosecutor, who has filed valid charges would permit an accused to mount an interlocutory appeal, to the extent of going forth and back, sometimes twice or more to the Supreme Court, since such lapses could be injurious to the dispensation of justice.’’

    The CJN advised the minister to recruit more lawyers, who should be adequately trained to handle more cases on behalf of the state.

    The apparent lack of coordination in the prosecution of these rich individuals accused of looting public treasury is affecting the chances of success in such cases. It also contributes to the delay being experienced.

    In most instances, defendants flood the court with senior lawyers where the prosecution is represented by just a junior lawyer. Sometime, because a prosecution lawyer is assigned to handle many cases when he is in one court attending to one case, other cases assigned to him are often adjourned.

    For instance, EFCC counsel Rotimi Jacobs, (SAN), is prosecuting no fewer than 10 cases on behalf of the Federal Government.

    On June 15, he was at the Court of Appeal, Abuja, for the appeal by Dasuki at a time the cases involving businessman Raymong Dokpesi (before Justice John Tsoho of the Federal High Court, Abuja) and Dasuki (before Justice Husein Baba Yusuf of the High Court of the Federal Capital Territory) were stalled and had to be adjourned to a later date.

     

    •To be continued

  • Marketers worried over forex guidelines’ delay

    Marketers are worried  over the failure of the Federal Government to release the guidelines on the “flexible foreign exchange (Forex) regime” which provides them with multiple windows of accessing forex for fuel importation.

    They said they were yet to benefitt from the provision weeks after the guidlines were issued. Independent Petroleum Marketers Association of Nigeria (IPMAN), National President Chief Chinedu Okoronkwo, said his members were waiting for directives on  how to source for forex.

    His members, he said, had been importing fuel before  flexible forex was introduced, adding that they hoped the initiative would boost their operation.

    Okoronkwo said “Already, marketers have been placing orders for fuel abroad, and do bring fuel into the country. We have not stopped importing petroleum products. However, we are waiting to know the full details of the new scheme tagged: “Flexible forex regime” as contained in the guidelines.  We would like to have indepth knowledge of the scheme before we let the public know how our members intend to key into it.”

    The Chief Executive Officer, Petrocam Trading Nigeria Limited, a downstream operator, Mr. Patrick Ilo, said marketers are anxious to know what the  guidelines on ‘flexible forex regime’ looked like in view of the fact that it was expected to impact positively on their activities

    He said his firm, like others in the sector, are banking on the guidelines to improve growth.

    Ilo in a chat with The Nation during the opening of Petrocam solar powered mega station in Ajah, Lagos, said the guidelines would favour marketers who would import fuel into the country.

    He said with the guidelines in place, marketers are sure of accessing forex for fuel importation, thereby improving supply. Ilo said: “Though Petrocam started operation before acute shortage of forex began a few months ago, the firm has managed to survive.  Amid this, the Federal Government brought the idea of flexible forex regime.  We at Petrocam are waiting for the guidelines on the regime. I’m confident that the period of waiting for the guidelines would be over soon. When this happens, marketers would source forex at relatively cheaper rates and import more fuel into the country.’’

    The Federal Government introduced ‘flexible forex’ in order to enable marketers source forex independently.  The idea replaced the old and cumbersome method of sourcing forex from the Central Bank of Nigeria (CBN) window by marketers.

    “Flexible forex is said to be a less cumbersome and varied means of sourcing for forex by importers of fuel and other consumables into Nigeria. But we are waiting to see the guidelines that would provide clarity on the issue, he added,” he said.

    The flexible forex was introduced following the increase in price of fuel from N86.50 per litre to N145 per litre and high exchange rate of dollar to naira.

  • ‘No delay of ministerial list’

    The senator representing Ondo North, Prof. Ajayi Borrofice, has said the Senate will not delay the approval of President Muhammadu Buhari’s ministerial list.

    He said the senators have sworn to an oath of office to do according to the mandate given to them by the people.

    There have been speculations that senators loyal to Senate President Bukola Saraki may not approve ministerial nominees to “pay back” the Presidency.

    The lawmaker spoke with reporters at his hometown in Oka, Akoko Southwest  Local Government Area.

    Boroffice said if one of the Senate’s duties is to approve the ministerial list, it will amount to delimitation of duty if it refused to do so because of Saraki’s saga.

    He added that approval of ministerial list by the Senate is a constitutional requirement.

    “We swore to do everything according to the mandate given to us, and if one of the mandates given to us is to approve the ministerial list, it will be delimitation of our duties if we refused to do it because of what is going on.”

  • Why there is delay in online transfer, by CBN

    DETERMINING the integrity of transfers is the cause of delays in crediting beneficiary accounts in online cash transfers, the Central Bank of Nigeria (CBN) has said.

    Most online transactions allow 20 minutes or more between transaction approval and the time the beneficiary’s account is credited.

    CBN Director, Banking and Payments System Department, ‘Dipo Fatokun, at a briefing in Lagos, said the time control was introduced to enable the account holder get an alert before the beneficiary.

    He said the regulator was taking steps to reduce fraud in e-payment transactions.

    The Payments System Vision 2020, launched in 2013, he said, was meant to achieve the re-organisation of the National Payments Governance Structure and encourage more people to embrace e-payment transactions.

    Fatokun, represented by the CBN Deputy Director,  Banking and Payments System Department, Musa Jimoh, said  the project identified agriculture, smart cities, health, transportation, hotels, entertainment, government flow, education and Consumer Bill Payment as well as direct debits as focus areas.

    However, Fatokun explained that the absence of a unique identifier in the industry has negative consequences on the growth of e-payments and that the need to resolve the challenge that prompted the CBN, in collaboration with the Bankers’Committee to launch the Bank Verification Number (BVN) project. The project, he said, would help build confidence of customers on the e-payment channels and enhance integrity of transactions.

    “The BVN initiative is aimed at protecting bank customers and further strengthening the Nigerian banking system by uniquely identifying all bank customers and acts as a stop-gap, prior to the full implementation of the National Identity Card system,” he said.

    Also, the CBN mandated all banks, switches and processors to comply with Payment Card Industry Data Security Standards (PCIDSS) and, subsequently, conducted an oversight on compliance which showed that most banks had been certified.

    He said the certification lasted for one year and that banks were at various levels of re-certification. He explained that PCIDSS is a global compliance standard for any entity that stores, transmits or processes card payment data.

    CBN, Fatokun said, also directed banks to set up systems that will enable the automatic refund of Automated Teller Machine (ATM) dispense errors to customers. The regulator has also issued guidelines for card issuance and usage meant to provide minimum standards and       requirements for the issuance and usage of payment cards in the country.

    “Its implementation enables issuing banks, other financial institution, processors and cards schemes upgrade and maintain their card operations to ensure optimum security, efficiency, cost effectiveness and customer friendliness,” he said.

    The platform, he added, also serves as a tool for banks and other financial institutions to assess their card issuance portfolio and ensures that consumers that carry Nigerian -issued cards operate within acceptable standards.

    “From a regulatory perspective; the CBN acknowledges that less than optimal, inefficient or poorly designed systems will ultimately have a negative impact on systemic stability, economic development and growth. It has therefore consciously pursued the growth of a payments system that is safe, efficient, cost effective and reliable,” he said.

    He said payment systems have moved from the backroom to the boardroom of organisations given its strategic importance in today’s globalised world.

    He said a well-functioning payment system plays significant role in supporting the economy.

    He explained that such significance prompted the apex bank to promote a payment system where the underserved and non-served are integrated into formal financial services sector.