Tag: ELEPHANTS

  • Elephants and the Castle

    Elephants and the Castle

    • A Convergence of Consequences

    There are some big elephants in the sitting room. And when elephants converge before a magnificent castle, it is usually a sign of unusual developments. Elephants are known to have a long memory. But with the humongous mass of their brains, nothing less must be expected except by foolhardy and feckless humanity .They are usually placid and easygoing without the ferocious temper of a rhinoceros or the tempestuous rage of a hippopotamus.  But that is until they sense danger or the perpetrator of some old infractions in the neighborhood. That is when all hell is let loose with the infuriated pachyderms pulling out and pulling up everything in sight or out of sight in elemental rage. The jungle can no longer contain the plaintiff and the defendant. This is when the hunter becomes the hunted.

     Like the ghost of Banquo at state dinner, Bola Ige, a master poet, intellectual pugilist and political prizefighter, seems to be whispering from beyond: Tell my perjurers and assailants that I did nothing unworthy of poetry and philosophy! That is only two of the three Ps, leaving out perhaps the most important P, which is punitive politics in a postcolonial penal colony. Ige himself would be the first to let you know upfront that he was not a saint and that politics in a fractious, multi-ethnic and multi-faith polity seething with primordial envy and animosities is not for saints. Even then, it beggars belief that a   nation’s chief law officer could be slain like that in his bedroom without the assailants caring a hoot about the consequences. Here was a man who could not hurt a fly, despite all appearances to the contrary. He was armed only with his abrasive tongue and nettling pen and it was with these that he whipped political fools and other chancers into line.

      But Abuja is not the most benign habitat for literary generals. Before Ige, its most famous poet who was a warrior-general was militarily liquidated by his colleagues. Sensing danger, many of us who felt close enough railed from a distance that leaving the comfort of his ethnic fortress in a towering huff for the killing fields of Abuja was a bridge too far. But we were sidelined and testily ignored. Caesar must cross The Rubicon. Ige had privately told some of our mutual friends that he could not understand how a teacher of Literature could have the temerity to be telling him what to do in politics. Like Cicero, his Roman progenitor, who had his tongue literally pulled out, it was our own Cicero’s proud and noble Ijesa heart that was shot to pieces.

       But it is well. Almost a quarter of a century after his dastardly assassination in his bedroom, James Ajibola Idowu Ige seems to be having the last laugh over his tormentors. First, and in a remarkable piece of finely honed historical denouement, the late Cicero of Esa Oke appears to be presiding over the funeral rites of the group he belonged to and of which he was the undisputed intellectual and political master of the game. It is a remarkable funeral pyre, an enchanting spiral of decline, dissolution and death enacted as a consuming public spectacle. Judging from the bits and tidbits of information being released by his family, his close associates and acolytes and the cagey pushback this has elicited, it is becoming obvious that Ige’s elimination was hatched and executed from the innermost sanctuary of state liquidation. But we must warn that nothing last forever. The Nigerian postcolonial state is not an organic formation but a brittle ensemble of deadly intrigues and Byzantine conspiracies against the people of Nigeria. Judging from the deadpan and poker-faced revelations of recent weeks, it is just possible that countervailing elements from a rival power formation now have access to classified information which they may not be averse to insinuating into the public domain if only to put some Nigerian tin gods permanently out of political contention. Beyond the public purview, it is just possible that another deadly power struggle for the soul of Nigeria has commenced and it is going to be nasty and messy.

       It is only in the Third World that people act without expecting repercussions for their actions.  Sometimes, the sheer wickedness of humanity is ascribed to God himself. But as Dele Giwa, the martyred Nigerian superstar journalist, once hauntingly put it, nobody mocks God and the rewards of villainy are often handed out in life. In the fullness of time, karmic retribution often appears strange and unreal if not totally bewildering to the onlooker. This is the beauty of historical development which on the surface appears to obey only its own law and inner logic. The public excoriations and private torments our former military and civilian dictators are currently experiencing may appear to be against the run of play, but they are the logical consequences of past infractions against a nation and its people that they owe so much.

      The impunity of lawlessness is often a reflection of lawlessness as the organizing principle of a society in the trauma of transition. No one, however highly placed, should exploit the void to conduct themselves with abominable lawlessness. Order, or some semblance, will eventually return to question disorder. In postcolonial societies transiting to modernity, the unstructured and ungoverned nature of things makes impunity to wear the garb of divine immunity. But that is only before hitherto unseen and unknown countervailing forces rise to the occasion, forcing a resolution of the crisis or a tense deadlock as the case may be. It is known as the return of the repressed.

       This much is evident in the other elephants that have taken up residence in Nigeria’s palatial sitting room in recent times. Namely, the protracted legal tussle over the Mambilla Hydro-electric Project which has exposed the soft underbelly of official impunity in Nigeria in all its cancerous possibilities. There is also the statement said to have been issued on behalf of Sultan Sa’ad Abubakar asking the South-West populace to accept the reality of Sharia rule over their considerable Muslim segments. Yoruba self-determination groups have been implacable in their umbrage. These are dangerous developments indeed that tug at the heart of the National Question and could lead to a recrudescence of ethnic, religious and geo-economic tensions in the nation. Both Obasanjo and Buhari have already had their day in the court of International Arbitration. It was a sad day for Nigeria.

    Read Also: Flying Eagles edge  Elephants into  WAFU B semi-finals

    If the two gentlemen were expecting national commendation for their yeoman’s labour in Paris, the gale of rebuff and recrimination should serve as an indication of the seething national misgiving about their conduct in office. As for the Sultan and the insidious charter of domination however diplomatically coded, the furious rejection of his suggestion even by traditional die-hard Muslim adherents in Yorubaland should inform him that the days of extending feudal hegemony under the guise of some  pernicious narrative of superior compliance are over. In a multi-ethnic nation, the rising tide of ethnic nationalism appears to trump religious overlordship of some dubious vintage. The instant uproar in the west ought to serve as a cautionary reminder. Allow me to conduct my Islamic religion as I deem fit, is a joyous Yoruba refrain. Fundamentalist adherents of an Islamic credo that has nothing but debilitating poverty and political anomie to show may scoff at this, but it is this eccentric and idiosyncratic syncretism that is the strength of Yoruba culture which has allowed the people to survive ages and epochs of adversity from invading hordes. Nigeria is in a state of tense and precarious equilibrium. We must refrain from doing anything that could tip the balance into anarchy and chaos which are the usual precursors of the collapse of regular politics.

      In advanced societies, the collapse of regular politics can have adverse and ruinous consequences for the ruling classes. This is why Donald Trump is currently kicking their butt about in America with aplomb and cruel relish. Governance of fickle humanity requires constant vigilance and continuous inventiveness. In what feels like an outstanding feat of magical realism, Trump has just revoked the security pass of his predecessor. Once the ruling classes allow the initiative to slip either through carelessness or a stalling of vision, it opens the door to either demented demagogues of the right or deluded messianic crackpots from the left, depending on the balance of forces. Donald Trump is an exemplary product of the regnant contradictions of contemporary American society. He does not possess the intellectual wherewithal or the political temperament and emotional intelligence to make a dent on America’s social, economic and political problems. But he will so muddy the waters that resetting America will be a herculean task for his successors until one of them is able to rediscover the magic that made America an exceptional country.

      In less advanced societies with weak structures and weaker institutions, the precipitate collapse of regular politics can have more catastrophic consequences for nations and their traditional ruling classes. Twice in Nigeria in January 1966 and December 1983, it led to state collapse with the first one accompanied by virtual nation-collapse culminating in a thirty-month civil war. In post-independence Africa, the collapse of regular politics has led to civil wars in Congo, Congo Brazzaville, Algeria, Somalia, Uganda, Rwanda, Burundi, Liberia, Sierra-Leone, Cote D’Ivoire, Guinea Bissau and Libya.

        It is within this broad context that one must express grave concern and particular disappointment about the outcome of a recent gathering of political notables and their freshly recruited satraps ostensibly to feel the pulse of the nation and to offer new insights about how to take the country to greater heights. On both counts, it was a dismal failure. It was a celebration of trivia and platitudes about who did what to whom in the run up to the last presidential election and its aftermath. If this is a peep into the embryonic formation of what is shaping up as opposition force in the next presidential election, the ruling party might as well go to sleep with a Do Not Disturb sign screwed to the door.

     Those who are principally fixated on the dreary outcome of an electoral process without focusing attention on the shambolic state of opposition forces will have plenty of tears to shed when they come to grief once again. By then, those who rely on traditional disruption of the electoral process in its concluding phase would have become so enervated and exhausted by their errant exertions that they would have become a spent political force with the status of extinct volcanoes. By the prevailing logic of a fractious, multi-ethnic and multi-religious nation, power can only be forcibly wrested and will not be shared out except by stringent and pacted elite negotiations.

       What the gathering left unsaid is more eloquent than what it actually says. The unstated fact is that they have been rendered hors de combat even before the commencement of battle. In Literary Theory, this is known as “the effectivity of the absent cause”. In this case, the absent cause which the political notables could not bring themselves to reflect on is the complete homogenization of the Nigerian ruling class which has made it impossible for the so called opposition to come up with an authentic alternative vision of the country since nothing can distinguish or set them apart from the ruling faction apart from their infantile tiffs. This unification of elite consciousness is a direct result of politics without principles and party formation without coherent ideology. If this is where we are almost a quarter of a century after his martyrdom, Bola Ige will be frantic in his grave.

  • Ivory trafficking: Nigeria as Africa’s clearing point

    With the debate on global ivory trafficking and trade rising TAIWO ALIMI investigates the illegal business in Nigeria.

    Repentant elephant poacher Issa, (not real name) grew up in the midst of elephants. “I see elephants graze on our farm in Walakeroi (a remote village within 10km of Yankari, Bauchi State) when I was growing up,” he said. “Elders often meet to discuss how to kill them. So, hunting elephants became a normal occurrence. It is either we deal with them, or lose our crops. In 2007, a friend invited me to poach elephants for money and that became my livelihood for some years.”

    Living around Yankari Game Reserve (YGR) exposed young Issa to wildlife. “I can hunt down the biggest and fiercest of animals,” he said.

    YGR is home to the largest herd of elephants in Nigeria, today. The last aerial census conducted by the conservation manager, Wildlife Conservation Society (WCS) in 2012, put the figure of elephants below 400.

    It pales in comparison to the glorious era of YGR (before 2006) when elephants were in their thousands and YGR the toast of the world.

    Between 2006 and 2012, YGR was neglected by the then owner -the federal government- and poachers like Issa had a field day collecting prized elephant tusks in their hundreds.

    According to WCS Landscape Director-Yankari, Geoffrey Nachamada, the 2244km flora and fauna (about ¾ of Lagos State) lose considerable number of elephants during the years of neglect. “We believe that lots of elephants were killed in Yankari between 2006 and 2012. A conservative number is about 20 elephants per year in Yankari alone. Scores more were poached in nearby forests like Kebbi, Kanji, Lake Chad region, and in the western parts of the country, near the Cameroon border, Ondo, and Ogun States.”

    Globally, the numbers are horrific: around 20,000 African elephants are killed by poachers each year. Savanna elephant numbers have declined by a third from 2007 to 2014.

    Issa gives an insight into their modus operandi. “We work in groups armed with hunting guns. Sometimes, we track elephants for many days. I was trained to be patient. When we locate their paths we camp there, waiting for them to stray close before taking aim. Once we register shots, we stalk the dying ones and remove their tusks. We are not after their meat, but their tusks.”

    He reveals that contract poachers often come beyond the borders to wreak more havoc. “Poachers are contracted from neighbouring countries. They come from Niger, Chad and neighbouring states and are more deadly than us. They are responsible for most killings in Yankari and Kebbi areas. There is no one to stop them. They are businesslike and carry sophisticated weapons than us,” Issa said.

    Confirming this, Country Director of WCS, Andrew Dunn, who has been working in Africa since 1989 and in the forefront of keeping elephants alive, says there are daring poachers even locally. “There are some quite determined ruthless poachers around Yankari. They come from neigbouring states: from Plateau State and these guys are full time poachers. They are very determined and if they see rangers they shoot because ivory is expensive and the rewards are high, so the poachers are more determined and the risk for rangers is greater.”

    Issa gets between $60 and $100 (N21,600 and N36,000) depending on the butchery.

    Elephant poaching has also taken him to Kebbi, Lake Chad basin and bordering countries; “I worked in Kebbi, Lake Chad area and Cameroon, Chad, Niger and whenever we go outside Nigeria, we get more money. We are treated like mercenaries.”

    Issa’s friend doubles as poacher and middleman for ‘boss’ or ‘big man’ as the person who hands out the contract is called. ‘Big man’ lives in the city and he gets custody of the ivory which are taken to Lagos and sold in the local ivory market or directly to Asian businessmen who smuggle them abroad.

    When WCS took over YGR wildlife in 2013, more rangers were recruited and trained. The local laws were upgraded to give tougher penalties for offenders. So effective was their activities that elephant poaching was cut down to near zero.

    “With improved surveillance technology, trained and armed rangers, elephant poaching declined considerably. By our record, no elephant has been poached since May 2015”, according to Nachamada.

    The decline

    However, years of unabated raid decimated Nigeria’s herd of elephants badly. So much that by 2012 there was no single long tusk elephant in the massive savannah forest.

    “Elephants are not like rabbits and rodents that multiply in short period, their gestation period takes time. What we can see is a steady recovery of elephant population. If we can maintain what we are doing now, YGR will again flourish with thousands of elephants,” he pointed out. “Right now elephant poaching is not a big threat for Nigeria, the big challenge is to ensure that they don’t graze in peoples farms making farmers and hunters to kill them.”

    The real deal

    However, the principal challenge faced by wildlife in the country now is ivory trafficking, which Dunn says ‘is the real deal.’

    Though, activities of elephant hunters have been decimated, ivory trafficking is on the increase. Nigeria has become a hub for the illegal trade which is bigger than before. In fact, ivory contractors have found a haven in Nigeria, establishing themselves in major cities where they direct operations. They are involved in all chains of the business from sponsoring the killing of elephants across Africa, contracting mercenaries, cross border smuggling, making contact and bribing corrupt Immigration and Custom officers, and transporting the cargo to Lagos to send abroad.

    “A lot of Nigerian ivory is intercepted when it arrives in China. So there must be some corruption there at the Nigerian ports, or fake paper work. These ivory come from everywhere in Africa to Nigeria. It leaves Nigerian ports and gets arrested in China, Hong Kong or Vietnam. Certainly, Nigeria is a serious transit point, which is very embarrassing for the image of the country,” said Dunn.

    “Certainly, Nigeria is one of the main hubs for illegal wildlife trade in Africa.  Ivories are coming in from neighbouring countries like Cameroon, Gabon, Congo, Benin and Niger and it is being smuggled into Nigeria and out of Nigeria mainly to China or to Vietnam. So it is sizeable.”

    The notorious route to Lagos

    More fingers point to Nigeria’s porous borders in the Northeast and Southsouth axis as the transit routes for the trade.

    Solomon Adefolu, programme coordinator, Climate Change and Local Engagement- Nigeria Conservation Foundation (NCF) also fingers the massive and leaky land borders across the core north of the country.

    “You need to go to our borders up north to see what is happening. There are multiple illegal borders and even the legal ones are understaffed.”

    According to Martins Kure Abeshi, former Comptroller General of Nigeria Immigration Service (NIS), of the country’s international 4,470km land borders with Chad, Cameroon, Benin, and Niger and about the 1, 500 identified land border crossings into Nigeria, only 114 covering about 4,000 km had approved control posts manned by immigration officials and other security agencies. “There are over 1,400 illegal routes, which are not manned,” Abeshi said, stressing, “Nigeria also has a coastline of 774km, which are largely unmanned.”

    Investigation carried out by The Nation, reveals that hundreds of trafficked ivory come in from the porous borders like other smuggled goods. And they come from far and beyond. Sizable portion of ivory cargoes are smuggled through the Central African Republic, Liberia, Burundi, Democratic Republic of Congo, Gabon, Equatorial Guinea, Cameroon, Chad and Niger routes. For some of the countries without common borders with Nigeria, all they need do is to smuggle it into another border country with Nigeria. From here the cargoes are trafficked through the largely unmanned Nigerian borders of Sokoto, Kebbi, Borno, Adamawa, Yobe, and Cross Rivers states.

    From here the cargoes are taken to Lagos-their transit destination in Nigeria- to be packaged and taken by ship or plane abroad or sold locally to ivory refiners or dealers.

    The Nigeria Customs Service (NCS) confirmed The Nation’s finding by linking the illegal trade to Lagos.

    Official Customs document points to the commercial nerve centre of Nigeria, as Africa’s clearing house for illicit ivory. It unofficially labeled Lagos as the new Mecca for big-time ivory traffickers.

    Lagos as transit point

    The figures are indeed convincing. This year alone, major wildlife and ivory seizures made by the Nigeria Customs were in Lagos. On February 13, 218 pieces (343kg) of elephant tusks and 53 and half sacks of 2001 kg of pangolin scales, were seized from an apartment occupied by a Chinese in Ikeja, Lagos.

    In less than a month, 329 sacks (8,492kg) of pangolin scales were seized from another residential apartment occupied by another Chinese in Lagos, on March 6. Two days later, another 78 sacks (1771kg) of pangolin scales were seized from the same residential apartment.

    Later in May, four elephant tusks and four sacks (1003kg) of pangolin scales were seized in Lagos. Same month, a raid by Customs at the popular Oba Elegunshi Market in Ajah, Lagos turned up six fresh tusks put up for sale.

    Barely a month ago, August 14, Customs enforcement team raided another residence in Ijegun Waterside, on tip off, and 10 sacks (738kg) of pangolin scales were confiscated.

    In total, about 300 pieces (443kg) of elephant tusks and 14,005kg of pangolin scales have been apprehended this year.

    NCS wildlife specialist, speaking under condition of anonymity said; “Nigeria is obviously a transit route, as we don’t have the number of animals being seized outside the country in our reserve. In fact, most of them are not indigenous to Nigeria.”

    Dunn said the growing population and concentration of Asians in Lagos is aiding big sales there. “I am seeing some good arrests made by Customs. What I haven’t seen is prosecution. It is almost a waste of time arresting somebody with ivory if you are not going to prosecute that person, because there has to be a deterrent otherwise nothing would change. The fact that you can export things so easily from Nigeria is a threat to elephants in Congo and Cameroon and Gabon as well as Nigeria’s few elephants. So there has got to be a strong deterrent. Obviously customs, no matter how well they do their job, they would only detect a small percentage of the ivory and pangolins leaving Nigeria, so there have got to be strong prosecution and strong penalties and I haven’t seen that.”

    Similarly, our Customs source said the federal government need to do more for the tide to be turned. “Part of the problem is that there is some duplication of effort and confusion between Nigeria Customs and Nigerian Environment Standards and Regulations Enforcement Agency (NESREA) that was set up. Customs are the ones doing the arrests, but Customs are not doing the prosecution. They hand them over to NESREA, and if NESREA are doing successful arrests and prosecutions, great, but they are not doing a good job of publicizing that.”

    He adds: “In other countries, sniffer dogs are used. These special dogs are trained to sniff out ivory on passengers or containers coming into the country or leaving the country. Also, our lawmakers lack of adequate knowledge on the negative effects of illegal wildlife trade on our country. They must know that it depletes the economy, have negative effects on the economic wellbeing of the citizenry and embarrasses us internationally.”

    Without doubt, another problem is corruption stemming from poor welfare packages for Customs officers. “Officers are not motivated to do the work committed to them. There are officers with integrity, passionate and willing to do this job, particularly relating to the subject matter, but the reward system in place does not recognize their effort on the subject matter as deserving of recognition, motivation and commendation, which will encourage others.

    “The authority only shower encomium on officers who generate revenue, promote those who intercept arms and would not do anything for officers who intercept wildlife products worth millions or billions of Naira,” our source added.

    With 1kg of ivory on international market going for $2,100 (N760, 200), this year alone, Nigeria government has intercepted ivory worth (N337million). In the same vein, Pangolin scales worth N2.5billion were seized.

    Globally, ivory trafficking takes the centre stage next month with stakeholders gathering in the United Kingdom to help eradicate illegal trafficking.  The conference will bring together global leaders from Nigeria, Botswana, Kenya, Malawi, Namibia, Tanzania, South Africa, and Cameroon.

    According to UK government, illegal wildlife is worth up to £17 billion a year, more than the combined income of the Central Africa Republic (CAR), Liberia and Burundi, and Lagos is playing an important role, sadly.

    Additional report from Nicholas Kalu, Calabar

  • Hawks hold defending Champions Elephants

    Hawks hold defending Champions Elephants

     

     

    Desire of defending champions Cote d Ivoire to begin their title defence on a victorious note hit the rocks at the Stade d’Oyem in the Gabonese city of Oyem on Monday evening.

    The Elephants went into the game hoping to pocket three points at the expense of Togo’s Sparrow Hawks.

     

    The first real chance of the game fell for Ivorian striker Jonathan Kodjia, who was through on goal, but his low shot was brilliantly saved by Togo goalkeeper Kossi Agassa just ten minutes into the game.

    The Sparrow Hawks also had a chance to open the scoring 14 minutes later when Emmanuel Adebayor’s back-heel found Kodjo Laba, who beat his marker, but fired inches wide of the target.

    Togo were growing in confidence and they should have taken the lead a minute before the half-hour mark following a swift counter attack by Claude Le Roy’s men.

     

    However, somehow Togo midfielder Mathieu Dossevi was denied by Ivorian goalkeeper Slyvain Gbohouo from a one-on-one situation following a great pass from Ihlas Bebou.

    The Elephants conceded several corner-kicks in the late stages of the first-half, but the defending Afcon champions did well to clear their lines and ultimately; the first-half ended goalless.

     

    Just twelve minutes after the restart, Wilfried Zaha, who was making his competitive debut for the Elephants, cut inside and unleashed powerful shot which sailed just over the crossbar.

    With his side struggling to penetrate the Togolese defence, Michel Dussuyer made the first change of the game – introducing attack-minded Cheick Doukoure in the 65th minute.

    The Elephants were doing most of the attacking in the late stages and ten minutes later Kodjia, who had moved to the right after Wilfried Bony’s introduction, saw his cross gathered with ease by Agassa.

     

    Serge Aurier should have snatched the winning goal for Ivory Coast with two minutes left on the clock, but the full-back headed wide from close range following a inch perfect cross from Max Gradel.

     

    The  two sides were unable to find the winning goal in stoppage time thus settling for  a stalemate – the first goalless draw of the tournament.

  • Elephants want Eagles

    Elephants want Eagles

    The Elephants of  Ivory Coast will be  pursuing the possibility of playing a friendly against the Super Eagles, supersport.com can report.

    This would be a part of a two game regional tune up for AFCON. The second team selected are the Black Stars of Ghana.

    The Ivorians, Cameroon, Mali and Guinea have been put together in Group D, an almost all-West African affair and so, are seeking to prep themselves up for the Afcon Group D battles with friendlies against these two strong neighbouring countries.

    The Ivoirians now led by the mercurial Herve Renard have recently been dubbed as under AFCON for the second time in their history.

    As we know while the Black Stars made AFCON 2015, Nigeria did not.

  • Elephants win Fed Cup again

    Elephants win Fed Cup again

    Enyimba handed Captain Chinedu Udoji a perfect birthday gift when they defeated Dolphins of Port Harcourt 2-1 to win the Federations Cup for the second consecutive time.

    Udoji celebrated his birthday on Saturday and came into the game against Dolphins buzzing with confidence as he marshalled the People’s Elephant’s backline with authority.

    Enyimba, who narrowly lost the league title to Kano Pillars, raced into a two goal lead courtesy goals from the Nigerian professional league all-time top scorer Mfon Udoh (52’) and Okonkwo Chinonzo (73’) before the competition’s MVP Emem Eduok poached home Dolphins only goal.

    ‘I feel very proud and appreciate God. It wasn’t an easy game but thank God we won,’ he told SportingLife after the game.

    ‘For me personally, winning the FA Cup as a captain is a feat I can never forget in my life.

    ‘It’s a perfect birthday gift for me and I want to use this opportunity to thank my teammates for making this a good day for me and my birthday mate Uwadiegwu.’

    The Captain’s partner at centre back Emmanuel Anyanwu revealed his joy at winning the FA Cup for the first time with the team.

    ‘I am very happy winning the FA Cup with Enyimba because I wasn’t with the team when they won the title last season but now I am part of the team and that makes me so proud,’ he added.

  • Dolphins stop Prime 1-0, to meet Elephants in final

    Dolphins stop Prime 1-0, to meet Elephants in final

    Dolphins will face cup holders Enyimba in the final of this year’s Federation Cup final after they pipped hard-fighting Prime FC in Thursday’s semi-final in Abuja.

    Both Nigeria Premier League (NPL) clubs will clash in the cup final at the Teslim Balogun Stadium in Lagos on August 16.

    Dolphins are aiming for a fifth cup triumph, while Enyimba are on track for a fourth victory in the cup competition after they won last year’s final against Warri Wolves.

    Ebube Okpokwu was Dolphins’ match winner in the 48th minute against lower league Prime FC in Abuja.

    The Port Harcourt club are reaching the final for the first time in seven years.

    Enyimba won the other semi-final when they beat Giwa FC 1-0 courtesy of Raphael Buomsong’s goal in Abeokuta.

  • When two elephants fight…

    The court has been busy trying to resolve the dispute between Nigeria Liquefied Natural Gas Limited (NLNG) and Nigerian Maritime Administration and Safety Agency (NIMASA) over payment of levies. But beyond this litigation is the need to find a lasting solution to the agencies rift in the national interest EMEKA UGWUANYI, Assistant Editor and OLUWAKEMI DAUDA report.

     

     

    In the last two weeks, the court seemed to have stepped up efforts to resolve the disagreement between the Nigeria Liquefied Natural Gas Limited (NLNG) and the Nigerian Maritime Administration and Safety Agency (NIMASA). During this period, a Federal High Court in Lagos has heard the case more than three times, which underscoring the importance of the feuding government agancies to the economy.

    The Nation gathered that besides the court’s efforts to determine the contentious provisions in the Acts establishing the NLNG and NIMASA and the disagreement over payment of levies or exemption, those in authority are trying to persuade the organisations to reach an understanding and perhaps, settle out of court.

    Last week, the court sat more than two times on the case and would still sit on September 19 on it, while other concerned groups also met with the organisation’s officials to broker peace.

    At the weekend, both the plaintiff and defendants reached an agreement, which their solicitors confirmed in the court. By this agreement, NLNG has accepted to pay the $158 million to NIMASA. It has earlier paid $20 million. NLNG, however, insisted that despite agreeing to paying the said money, it would continue with the legal battle to determine the legality or otherwise of payment of the levies and charges demanded by NIMASA.

    The Managing Director of NLNG, Mr Babs Omotowa said: “We feel we have no option than to now make these payments under protest. In doing this, we have taken into account the overriding national interest; in particular to stem the huge financial and reputational loss the country has suffered as a reliable LNG supplier.”

     

    Background

    On May 3, 2013, NIMASA used the operatives of Global West Vessels Specialist Platforms to mount a blockade against all NLNG’s vessels, denying them access to the Bonny Channel from the fairway buoy, at the beginning of the Channel to buoys 17 and 18. Its action was based on what it described as NLNG’s unwillingness to abide by the country’s maritime laws, especially sections of the NIMASA Act that mandates payment of levies based on gross freight on exports and imports and the Cabotage Act.

    NIMASA’s Acting Director, Shipping Development, Captain Warredi Enisuoh, said the blockade was to prevent NLNG from continuing in business and would not be lifted until NIMASA was satisfied that NLNG had complied with its Act and Cabotage law.

    Enisuoh said there were no gas imports and exports during the period. Ships laden with gas were prevented from exiting the terminal while two vessels that were for loading could not enter the terminal.

    The Federal Government asked the Attorney-General of the Federation, among other top government officials, to look into the case. Afterwards, NLNG was asked to pay some of the arrears of the levies demanded by NIMASA. The organisations were asked to meet to agree on modality of payment.

    But NLNG felt mistreated, claiming that the Act that established it exempted it from paying such levies. It went to court to seek proper interpretation and determination of the provisions of the Act and NIMASA’s demand.

    NLNG’s General Manager, External Relations, Kudo Eresia-Eke, in a statement titled “NLNG complies with government’s directive to pay, seeks judicial interpretation on NIMASA issue, said: “NLNG has today (June 18, 2013), filed a case in the Federal High Court, Lagos against the Nigerian Maritime Administration and Safety Agency (“NIMASA”) seeking judicial clarity and interpretation on the legality or otherwise of the various levies imposed on NLNG by NIMASA, while complying, under protest, with the government’s directive to pay the said levies.

    “The protracted dispute between both parties arose as a result of perceived conflict in the enabling Acts of both organisations, namely the Nigeria LNG (Fiscal Incentives, Guarantees and Assurances) Act on one hand and Nigerian Maritime Administration and Safety Agency Act, Merchant Shipping Act and Coastal and Inland Shipping Act on the other hand.

    “NIMASA contended that its levies were applicable to NLNG, while the latter argued that they were exempted from such levies and charges by virtue of the NLNG Act.

    “NIMASA had filed a suit against NLNG in 2010 claiming entitlement to these levies. After preliminary proceedings were taken and concluded, and the matter was ready for hearing, NIMASA filed an application to withdraw the suit, and on 3rd May 2013 resorted to self-help by blocking the Bonny Channel for two days, thereby preventing ingress and egress of NLNG chartered vessels with attendant financial losses and reputational damage to NLNG and Nigeria in general.

    “Following this blockade incident, a series of meetings were subsequently directed by the Federal Government in the past few weeks resulting in the instruction to NLNG to pay the NIMASA levies. NLNG has thus commenced installment payment, under protest, to NIMASA in compliance to the government’s directive, but without prejudice to its right to seek judicial interpretation in the court of law.

    “It is instructive to note that Nigeria LNG Limited and its Shareholders still firmly believe in the rectitude of their earlier position that NLNG is duly protected by the provisions of the NLNG Act against the payment to NIMASA of the Sea Protection Levy, the three per cent freight levies on cargo exports shipped by NLNG, and that the two per cent Cabotage Levy on LNG carriers is inapplicable because NLNG’s LNG vessels are not involved in coastal trade or cabotage.

    “NLNG is a Nigerian company involved in, almost exclusively, international export business and is thus subject to all relevant national and international laws, standards and ethos with which it must comply. This, amongst others, requires that all its dealings are governed and premised on the universal principles of the rule of law to which the Nigeria Government also affirms its commitment.

    “The company has often clarified that the issues it has with payment of any levy, charge or impost has little to do with the amounts involved, but more with the principle of the rule of law, so that it can safeguard its international business which rests squarely on its reputation as a law abiding company, as well as Nigeria’s reputation in the global community.”

    NLNG got an injunction restraining NIMASA from demanding levies from it or disrupting its operation through blockades. NIMASA, allegedly disrupted NLNG’s operation by blockading the channel, with NLNG crying out over what it calls violation of court order.”

    Eresia-Eke condemned NIMASA’s action in a statement titled, “NIMASA blockades NLNG again, violates court order, saying: “On Friday 21st June 2013, two NIMASA boats, with 15 naval officers on board, ordered that one NLNG vessel, LNG Imo, and one chartered vessel, Torm Thames, remain at NLNG’s loading bay, whilst another NLNG Vessel, LNG Oyo, remains outside the Bonny Channel until further notice.

    “NIMASA subsequently issued Ship Detention Orders on 22nd June 2013, specifically detaining three NLNG ships (LNG Enugu, LNG Oyo, LNG Imo) and barring them from accessing or leaving the Company’s loading bay.

    “These developments are in flagrant disregard of the court injunction issued by the Federal High Court in Lagos in Suit No FHC/L/CS/847/2013 by Honorable Justice M.B. Idris, presiding, on Tuesday 18th June 2013, against the Attorney General of the Federation, Global West, and any other parties including Nigerian Maritime and Safety Agency, NIMASA, from imposing any charges or taking any steps to block, detain or prevent access by the company’s owned or chartered vessels, whether inbound or outbound from Bonny channel or elsewhere in Nigeria.

    “It will be recalled that on 3rd May 2013, NIMASA blocked the Bonny Channel preventing entry and exit of NLNG vessels. This led to a series of meetings at the instance of the Federal Government which eventually ordered that the company should pay NIMASA its purported levies.

    “In deference to the government, NLNG made a payment, under protest, in the sum of $20 million (approximately N3.2 billion) into NIMASA’s designated account and subsequently approached the court to seek proper judicial clarity and a lasting resolution to the conflict between the NLNG Act and NIMASA Act.

    “The potential implications of this current action by NIMASA on NLNG operations are enormous and would impact negatively on its international LNG Buyers, the international financial market, Nigeria to which NLNG contributes four per cent of the country’s GDP, its Shareholders and the investment climate in Nigeria, let alone the reputational impact this may have on Nigeria’s image within the international investment community.”

    Some industry stakeholders condemned the action of NIMASA. They were of the view that NIMASA could have exercised self-restraint as a responsible corporate citizen by allowing the court to determine legality or otherwise of NLNG’s demand for exemption from payment of the three per cent freight levies on cargo exports shipped by NLNG, and that the two per cent Cabotage levy.

     

    Why blockade

    NIMASA said it mounted a blockade against the NLNG following a collapse of the negotiated settlement between the two parties. NIMASA had also dragged NLNG before the Federal High Court, but when the case dragged on for four years without progress, it withdrew the matter from court in March, this year.

    NLNG was said to have opposed the withdrawal but the court allowed the withdrawal and struck out the suit. Following the ruling, NIMASA began enforcement of the provisions of its 2007 Act.

    NIMASA, said the Act, which exempts NLNG’s wholly-owned subsidiary, Bonny Gas Transport Limited and other chartered third party vessels had been repealed by section 63 (1)(a) of the NIMASA Act of 2007, while the new Act provides in Section 15 (a) that NIMASA shall be funded by money accruing to it through the three per cent of gross freight from all international inbound and outbound cargo from ships or shipping companies operating in Nigeria to be collected and paid over to the agency to meet its operational costs.”

    NIMASA’s Deputy Director and Head, Public Relations, Isichei Osamgbi, in a statement titled “NIMASA serves detention order on NLNG vessels,” explained reasons for the blockade. He said: “The Nigerian Maritime Administration and Safety Agency (NIMASA), has today in its enforcement of Nigerian laws, served detention notices/orders on vessels belonging to/chartered by the NLNG.

    “This course of action was forced on NIMASA by the NLNG’s subsequent refusal or/and failure to abide by the outcome of the negotiated settlement arrived at through the mediation process it willingly instigated and subscribed to, after reaching agreement with NIMASA on its outstanding debt and paying $20 million out of it and its continued flagrant disregard for Nigerian laws.

    “Contrary to NLNG’s position, NIMASA is not aware of any court order against it or any suit brought by NLNG against NIMASA.

    “By its action, the NLNG has trivialized the mediation process and the position of the Federal Government of Nigeria whose Nigerian National Petroleum Corporation owns and holds 49 per cent of the shares in NLNG and which endorsed the agreement reached that NLNG should pay its taxes/levies and observe all its obligations under the laws of Nigeria in which it is operating.”

     

    Issues

    The provision on which NIMASA stands is the first schedule of the Fiscal Incentives, Guarantees and Assurances of NLNG Act, which says: “Tax relief period Notwithstanding the provisions of section 10 of the Industrial Development (Income Tax Relief) Act, the tax relief period of the Company shall commence on the production day of the Company and shall continue for a period of ten years, so however that the tax relief period shall terminate at the first anniversary date after the first five years when the cumulative average sales price of liquefied natural gas reaches US 3 dollars/mmbtu as calculated in the First Schedule to this Act in accordance with which such calculation shall only be made annually at each anniversary date.

    First Schedule. Early Termination of Tax Relief Period (Section 2.)

    “1. The cumulative average sales price is calculated at each anniversary date as follows (a) for each period ended on an anniversary date, calculate the annual average sales price of liquefied natural gas by dividing the total invoiced sales of liquefied natural gas in the twelve months ending on the anniversary date in US$, by the total invoiced deliveries of liquefied natural gas in Millions of British Thermal Units, in the same period; (b) calculate the Nigeria LNG Index for each of the periods between the production day and the anniversary date, by multiplying the US Dollar/SDR index at the end of each period with the CPI at the same date, dividing the result by 1.9924344, or such other denominator as gives an answer of 100 for 31 December 1987, in the event that the CPI is rebased; (c) divide the annual average sales price for each period (i) by the Nigeria LNG Index for the same period; (ii) to calculate the adjusted price for the period; (d) calculate the cumulative average sales price for the period from the production day to the anniversary date by dividing the sum of the adjusted prices (c) for each period from the period in which the production day falls to the period which ends with the anniversary date by the number of such periods.

    “2. For the purposes of this Schedule (a) anniversary date means the anniversary of the Production Day and each anniversary thereof until the ninth anniversary; (b) the US Dollar/SDR Index shall be the figure published by the International Monetary Fund in the publication titled “International Financial Statistics” for the end of the month in which the anniversary date falls for the United

    States dollar/Special Drawings Right Index (series “su United States”) or if that publication ceases then in its successor or a comparable United States publication of good standing; and (c) the CPI shall be the figure published by the International Monetary Fund in the “International Financial Statistics” for the end of the month in which the anniversary date falls for the Industrialised Countries Consumer Price Index (series 110) or if the publication ceases then in its successor or a comparable United States publication of good standing; (d) period means 365 calendar days (366 in a leap year) preceding an anniversary date. Others include section 15(a) of the NIMASA Act 2007 and section 43(a) of the Cabotage Act 2003.

    The NLNG stands on the provision of the second schedule. Second Schedule Guarantees and Assurances to Nigeria LNG Limited and its Shareholders (Section 9.) 1993 No. 113.

    “The Federal Government of Nigeria (in this Act referred to as “the Government”) in recognition of the magnitude of, and in consideration of the investments which shall have to be made in order to prosecute the venture described in the shareholders’ contract dated 19th May, 1989 between the Nigerian National Petroleum Corporation, Shell Gas B.V., CLEAG Limited and Agip International B.V., as amended, from time to time (such shareholders’ contract, as so amended in this Act referred to as “the contract”) hereby grants to the Company, its successors and to each of the shareholders, from time to time (in their capacity as such), the guarantees, assurances and undertakings following hereunder. These guarantees, assurances and undertakings shall have effect from the date hereof, and so long as the Company, or any successor thereto, is in existence and carrying on the business of liquefying and selling liquefied natural gas and natural gas liquids within and/or outside the Federal Republic of Nigeria.

    “The guarantees and assurances are as follows: 1. The Government shall do nothing to render invalid unenforceable rights and obligations arising under the contract and the other contracts and arrangements contemplated in the contract, to the extent that such rights and obligations are not illegal in Nigeria and do not offend against Nigerian public policy and provided that such contracts have been kept validly subsisting by the parties thereto, it being understood that such other contracts or arrangement s will not be deemed to be illegal or contrary to Nigerian public policy for the sole reason that the requisite government actions referred to in clause 6 hereof have not been effected.

    “2. The venture shall be subject to the fiscal regime contained in the provisions of this Act. Such fiscal regime shall not be amended in any way, except with the prior written agreement of the Government, the Company an d each of the Company’s shareholders.

    “3. Without prejudice to any other provision contained herein, neither the Company nor its shareholders in their capacity as shareholders in the Company, shall in any way be subject to new laws, regulations, taxes, duties, imposts or charges of whatever nature which are not applicable generally to companies incorporated in Nigeria or to shareholders in companies incorporated in Nigeria, respectively.”

     

    Legal battles

    The Federal High Court, Lagos, has heard the preliminary objection brought by the defendants in a suit by the NLNG Limited against the Attorney-General of the Federation and others. Justice Mohammed Idris refused to re-affirm an order he made restraining NIMASA from detaining NLNG’s vessels.

    Justice Idris made the order on June 18 against the Attorney-General of the Federation, Mohammed Adoke (SAN), Global West Vessel Specialists Nigeria Limited and its Managing Director Mr Romeo Itima.

    The order, restrained the defendants, either acting for or deriving authority from the Federal Government, including NIMASA, from charging three per cent of gross freight earnings, tax, charges or dues on all of NLNG’s in-bound and out-bound cargo owned by it or its contractors or subsidiaries, pending the hearing and determination of the motion for interlocutory injunction.

    The government and Global West had asked the court to discharge the ex-parte order because it was made against NIMASA, who is not joined as a party to the suit, adding that full facts were not disclosed to the court in seeking the order.

    But Justice Idris struck out the Attorney-General’s application on the ground that it was filed outside the time permitted by the court rules.

    The court also dismissed Global West’s application because there was no suppression of any material fact, noting that the company could be sued on behalf of its principal (NIMASA).

    Shortly after the ruling, NIMASA’s lawyer Wole Akoni (SAN) urged the court to reaffirm the ex-parte order. But Global West’s lawyer Abiodun Owonikoko (SAN) opposed the application, urging the court not to be tempted to fall into such trap.

    Justice Idris ruled that since the defendants were challenging his jurisdiction to entertain the suit, he would deal with the issue first. He said: “The only jurisdiction I have now is to hear the objections of the defendants.”

    When the case came up again, Akoni told the court that settlement talks had failed, while the defendants proceeded with their pending applications.

    “It appears to us that NIMASA is bent on stifling our business. NLNG has paid dividends to the Federal Government in billions. We even offered to continue to pay but they rejected our offer,” Akoni said. After Akoni’s submission, the government’s counsel, Fabian Ajogwu (SAN) moved his application seeking to discharge the ex-parte order on the grounds that the order was essentially made against NIMASA, which was not joined as party. NIMASA has also filed an application seeking to be joined as a party to the suit. According to Ajogwu’s application, the government is contending that NIMASA is a body corporate with statutory powers to sue and be sued in its own name and that its non-inclusion as a party was a violation of the principles of fair hearing.

     

    Consequences

    Owing to the NIMASA blockade, the company said it lost over N76 billion ($475 million) in revenue, 65 per cent of which belongs to the Federal Government, which has thus lost about N50 billion in dividend and taxes, among others.

    The blockade had also led to scarcity of cooking gas with attendant spiraling cost and worsening hardship on the populace, reduction of domestic gas to power, shutdown of offshore and onshore production facilities, among others. In addition it has caused huge reputational damages to NLNG and Nigeria.

    The price of liquefied petroleum gas (LPG) also called cooking gas, has risen from between N2,800 and N3,000 to N3,500 and more for 12.5kg cylinder.

  • CHAN: Be wary of Elephants, Oboabona warns teammates

    CHAN: Be wary of Elephants, Oboabona warns teammates

    SUPER EAGLES defender Godfrey Obabona ,has advised his teammates in the national team not to over celebrate the victory recorded over the Elephants of Cote D’ivore last weekend in Kaduna. The match was the first leg qualifiers of the 2014 CHAN championship holding in South Africa. The match ended 4-1 in favour of the Nigerians.

    The Sunshine of Akure strongman said the Ivoriens have a quality team that are ready to turn the table anytime “you saw what they played against us, even when they were two men down, that shows that they were a very good team. Based on that, we should not over celebrate our victory here, until we must have completed the second leg. That is the reason why the Coach told us to remain in good shape while in our clubs, and ensure we put in the best when we return to camp“.

    On the goal they conceded against the Ivoriens, the hard-working player regretted the lapses, saying that it was purely lack of concentration on their part, promising that they would not allow such lapses again in future.

    The Ivoriens would need to score three goals in the return leg match next three weeks to eliminate the Super Eagles. Nigeria has never qualified for the CHAN championship since its inception four years ago.

  • Eagles, Elephants celebrate Kaduna gov

    Eagles, Elephants celebrate Kaduna gov

    Super Eagles players and officials as well as their Elephants of Cote d’Ivoire counterparts were treated to a surprise, sumptuous Gala Night, Saturday by governor Ramalan Yero of Kaduna State.

    The event which featured traditional dances from the three major ethnic groups in Nigeria, Yoruba, Ibo and Hausa, the amazing Takahankali Kagarko dance troupe and the Kaduna State dance group known as Bazobe, kept all present, especially the Ivorians on the edge of their seats.

    Governor Yero, who was represented by his Sports Commissioner, said the event was meant to further cement the brotherly love existing between Nigeria and Cote d’Ivoire and also inform all that the CHAN qualifier was beyond a mere football event.

    Among dignitaries at the event were the Ivorian Ambassador to Nigeria, NFF Scribe, Barrister Musa Amadu, Diretor of Competitions, Dr Sanusi Mohammed, Director Technical Dr. Emmanuel Ikpeme among others.

    Speaking at the end of the event, Elephants coach, Saraka Kango Nobert, said he was shocked at the massive reception and promised to take the message home for a possible pay back in the return leg. He described Nigerian Coach Stephen Keshi as an Ivorian, having played in that country before and vowed that sooner than later his country will come for their adopted son to help them win the Nations Cup, to which all laughed off.

    Keshi thanked that NFF leadership and governor Yero for the huge hospitality accorded his team and their opponents and noted that he would be delighted any time he is asked by the NFF to come and play games in the city.

    All the players and officials of both teams were later presented with a gift by the governor for their excellent spirit of sportsmanship.

  • CHAN QUALIFIERS EAGLES  HAMMER  ELEPHANTS 4-1

    CHAN QUALIFIERS EAGLES HAMMER ELEPHANTS 4-1

    •Mba bags brace, Gambo shines

    SUNDAY MBA inspired Nigeria to a comprehensive 4-1 win over Ivory Coast in the first-leg of the African Nations Championship (Chan) qualifier played in Kaduna on Saturday evening.

    Wearing black armbands in honour the late Thompson Oliha, the home-based Super Eagles started the game with some neat exchanges of passes, with Gomo Onduku and Ezekiel Mba inspiring Nigeria’s early incursions against a tough Ivorian team led by Roger Assale and Coulibaly.

    Mohammad Gambo redeemed his image with a well taken goal to give Nigeria a deserved lead in the 12th minute. The Kano Pillars striker received a pass from Sunday Mba before turning his marker to drive home a left footed shot.

    Both sides continued to create chances but it was Nigeria that would score again to double their advantage through Sunday Mba in the 28th minute after a long ball from Oboabona was met by Ezekiel Mba who whipped in a cross for Sunday Mba to blast home from outside the box.

    Gambo headed home a cross from Kwambe in the 36th minute but the goal was disallowed. But inspite of pressure from Nigeria, the Ivorian’s remained resilient and were duly rewarded when Assale and Coulibaly combined well for the latter to score and pull a goal back for the Elephants going into the break.

    Upon resumption of the second half, Enyimba’s Ifeanyi Edeh came on for Gomo Onduku.

    The Ivorian’s suffered a depletion when the referee sent off Baresi for a hard tackle on Sunday Mba. Their plight was worsened when a penalty was awarded against them when a Ivorian player handled the ball off a corner kick taken by Kwambe in the 48th minute, leading to a protest from the Ivorian’s which culminated in Roger Assale being sent off for a verbal assault on the referee.

    Sunday Mba scored with the penalty kick and Nigeria continued to dominate with the likes of Oboabona, and substitute Emeka Eze missing near chances.

    Nigeria eventually sealed the win when Mba put Ifeanyi Edeh through to score the fourth goal in the 80th minute.