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Tag: issues

  • Election campaigns, issues and personalities

    2019  is  an election year in Nigeria  and lest I forget, I wish  my numerous readers a happy new year, just  as  I proceed to treat the topic of the day. Naturally  and ideologically elections breathe fresh  air into any political  system in that it is a process   of   assessment  and reappraisal of leadership with a view  to moving forward on   beneficial  programmes or reviewing  strategies  with a view  to   making  necessary  reforms or adjustments. Elections when  free  and fair  reward   politicians for good  performance and punish  them for poor  performance  in terms of victory  or  failure  at such  elections.  That  is why expectations are high in the electorate at  election time. The  parties out of power hope to  get  it back at  election time. While the party in power does  all  it can  to retain that power.  Such  is the situation in Nigeria in  2019  and that  is what we want  to take  a  look  at  for  now.

    Neverthless it    is necessary  to point out that elections should  take place in secure environments  and not all  parts of Nigeria can claim to be in that mold or   condition   for  now. The North  East  is not a safe place as  Boko  Haram  has  waxed  stronger  and  that is  obvious in two  developments this week. The  Chief of Army Staff  was quoted as saying that Boko  Haram  is not better  armed   than   the Nigerian  Army   as alleged in  some quarters.  The  second  was the news of  the  visit  of the Minister  of  Defence  to  the North  East  and  Chad where  he  was briefed   by  commanders about the dire  situation on the ground,  which he promised to convey to the Commander In Chief  who is the Nigerian President.  Again  there is the volatile   and recurring  issue of the Herdsmen  and Farmers clashes over cattle  grazing and the destruction of farmlands  in many parts of the nation. These  are burning security issues  that need containment especially  in an election year like this 2019. If  you  add  to  this the potentially explosive  issue of a threatened strike any  time soon  on the   thirty   thousand   naira   minimum   wage   by the leadership of the Nigerian Labour  Congress, you  will  see  how    maximally stressed  our political  system  will  be in  taking on  the  grim issues  of   security  and industrial  unrest,   in  an  election year like 2019.

    Today   I will  use  two states namely Lagos  and Ogun, to illustrate that personalities  and issues will play a bigger part in the 2019  elections at both the guber  and presidential levels. I  will also  show  that    in terms of    political  participation   and   mobilization, no state in Nigeria is an island on its own. And that just as the Americans are lamenting that the Russians are hacking their elections, inter  state hacking and  intervention    have become a way  of life in Nigerian politics  too. Indeed   I will  use my own  personal  experience  to illustrate some of these  observations.

    In  Lagos  state   I have seen  the lovely  campaign  slogan on l freedom ‘ for APC  governorship  candidate Jide Sanwoolu, saying that –‘ I  am a   proud  and free Lagosian, I    choose  Sawoolu’.  That  sounds strange to me because I  never  knew that  any  Lagosians in these    modern   era   are in bondage. That looked like   protesting S Africans  under apartheid  or like Herbert  Macaulay, taking on the    colonialists in pre Independence   Lagos, Nigeria.  Surely  the APC candidate  has more going for him  to sell  his candidacy  without invoking  a siege or distress  mentality where there is none.  Lagosians   are a vibrant   and  educated  lot  who  know their   rights   as  well  as where their   bread  is buttered.  APC  is popular in Lagos state  and should  not  be reactive in its  campaign  posturing or   else it would  be doing the dirty  job  of the opposition by making a mountain out of a mole hill.

    In  Ogun  State  the  incumbent  governor  has  pledged  to  campaign  for the reelection of the APC presidential  candidate President  Muhammadu  Buhari  but  has asked  his supporters  not  to support the APC official governorship  candidate. The  governor  has asked  his supporters  in a state  in which  observers  say  he  calls  the shots  effectively   to support  a candidate  from another   party. According to  reports, the governor’s candidate   in another   party  laid claim to the achievements  of the incumbent  governor  when  he visited  the State  Council of Obas  recently  where  the traditional  rulers  pledged their  support  to the Governor’s  choice.  Which  makes the APC like a house divided against  itself in Ogun  State. Yet  I  see  some order in this seeming polarization and division in the party in power in the state, especially with  regard  to the firmness in the support  for  the APC in the presidential  election.  What  would  have looked like a daunting and unique  political  contest   has  however  been diminished  by the behavior of the APC  official governorship  candidate on Channels TV recently. He  just  could not defend  his educational  credentials in a credible  manner. He  even hesitantly  said he could not discuss what  he discussed with the President on TV. His  performance on that TV appearance  has   wounded   his chances  in a state like Ogun, where  educational  integrity is revered  and where  the  Federal   Minister of Finance  also  from the state  recently  resigned over doubtful  qualification  and   eligibility  credentials.

    Let  me end with  the  issue of interference  from Lagos  that the incumbent  APC governor alleged  over the last APC  primaries in Ogun  State. I  tell  the governor  candidly  that no state  in Nigeria exists in isolation and Ogun  state is not an   exception. A  leading woman  politician once accused the Vice President, an APC  member from Ogun State,  of being responsible  for imposing a candidate  from Lagos as APC governoship candidate in Ogun State. Even  the Jagaban  and former  Governor of the State Segun Osoba  have  been similarly  accused. Today  I hold  brief  for them and clear them of such  mischievous insinuations with  my own citizenship. I am a citizen of Nigeria born and raised in Lagos educationally  and professionally.  Just   like   our Professor  VP. I  am  also a  citizen  of Ogun state  because my  parents are  from Ogun State  and  I dutifully  and truthfully  fill in Ogun  state  as my state of origin when  filling any form on any issue  or transaction, as required. Does  that make me less of a citizen  of Ogun  State? Definitely  not   and  the good governor  of Ogun state should  not lose  any sleep  over that. Or  look over his shoulders  because  his citizens born in Lagos are around. In  fact  they    have  always   surrounded   him very massively  and most  helpfully  in his   two – term    successful  administration. Once again, long live  the  Federal  Republic  of  Nigeria.

  • Issues, cases that will shape 2019

    There are some landmark cases awaiting the judiciary in 2019. These cases are presented by ERIC IKHILAE, ADEBISI ONANUGA and ROBERT EGBE

    A tale of two judges

    WHEN the Judiciary went on its Christmas/New Year vacation, one of the questions being asked in some circle was the status of Justice Sylvester Nwali Ngwuta of the Supreme Court.  He was one of the seven judges,whose houses were raided, in 2016, by operatives of the Department of State Service (DSS).

    Shortly after the raid, the National Judicial Council (NJC) directed them to stop working, pending the conclusion of their cases.

    Justice Ngwuta and some others were  charged to court. Justice Ngwuta was charged before the Federal High Court, with money laundering and possession of multiple passports, among others. He was also arraigned before the Code of Conduct Tribunal (CCT) for alleged non-declaration of assets.

    When their trial appeared delayed, the NJC directed them to resume duties. Among those who returned, to work  was Justice John Nyang Okoro, Justice Ngwuta’s colleague at  the Supreme Court.

    Midway into his trial at the Federal High Court and CCT, Justice Ngwuta queried the propriety of the process, relying on a decision by the Court of Appeal in an appeal by Justice Hyeladzira Nganjiwa of the Federal High Court.

    The Court of Appeal, on  December 11, 2017 held among others, that by virtue of Section 158 of the 1999 Constitution, the NJC has the exclusive jurisdiction to try judicial officers for misconduct.

    Relying on this decision, Justice John Tsoho of  the Federal High Court struck out the case against Justice Ngwuta in a  March 23, 2018 ruling. Atwo-man panel of the Code of Conduct Tribunal (CCT), on May 15, 2018, also stopped Justice Ngwuta’s trial based on the appeal court’s verdict. The CCT upheld Justice Ngwuta’s argument that, as a judicial officer  he could not be tried in any court or tribunal, except after he has been subjected to the investigatory and disciplinary processes of the NJC.

    The CCT said by virtue of Section 158 of the Constitution, a  judge could not be prosecuted in any court or tribunal until the NJC deals with the allegations against him and takes a decision of either dismissing such a judicial officer or compulsorily retiring him.

    Since the CCT ruling, Justice Ngwuta has yet to return to work.

    Why is this so since there is no longer any case against him?At the NJC, it was learnt that there is  no petition  pending against Justice Ngwuta. At the Federal Ministry of Justice (FMOJ), there is no indication that the government appealed the  decisions by Justice Tsoho and the CCT. There was also no information on whether the ministry  petitioned  the NJC on Justice Ngwuta’s case.

    At the Supreme Court, it was found that concern over the public’s reaction is stalling his recall to work.

    The question today is whether the Judiciary will summon the courage this year to confront the issue and formally bring it to a close?

    There is also the unsettled case of Justice Nganjiwa. Whether he will return to the bench this year remains an issue to be determined by the Supreme Court. The appeal filed by the Economic and Financial Crimes Commission (EFCC) against the December 11, 2017 judgment of the Court of Appeal, Lagos division, which quashed the corruption related charge brought against him, is still pending.

    On June 23, 2017 the EFCC arraigned Justice Nganjiwa before Justice Adedayo Akintoye of the Lagos High Court accusing him among others, of receiving   $260,000 and N8.65m gratification to enrich himself as a public official.

    Justice Nganjiwa challenged the court’s jurisdiction at the Court of Appeal.  On December 11, 2017, the appellate court upheld his appeal, quashed the charge against him and set Justice Nganjiwa free. The EFCC has appealed to the Supreme Court.

    At the Supreme Court, the  appellant is contending that the Court of Appeal was wrong to have held that the NJC was the sole body empowered by the Constitution to determine allegations of misconduct and crime against judicial officers.

    To the appellant, “There is no provision of the Constitution making the exercise of powers of law enforcement agencies, on investigation and prosecution, dependent on the exercise of powers by the NJC within the context of criminal offences allegedly committed by judicial officers in the discharge or outside the discharge of duties by judicial officers.

    “The Court of Appeal assaulted the principle of Separation of Powers enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) by shackling law enforcement agencies from operating independently and freely.”

    The Supreme Court is expected to pronounce on this case in the course of 2019.

    Avoid election  scandals

    Since the return to democratic governance in 1999, the Judiciary has always emerged from every election season with tainted reputation, trailed mainly by questions relating to its integrity and neutrality.

    In an effort to curb this unpleasant development, the leadership of the Judiciary has started to educate judges and other judicial workers on ways to conduct their affairs to avoid being entangled in the web created by desperate politicians.

    Chief Justice of Nigeria (CJN) Walter Onnoghen, at a  meeting with judicial officers and other court officials   petition, urged them to  determinate of political cases on their merit and avoid being influenced by extraneous considerations, particularly from politicians.

    Onnoghen also urged judges to shun corruption and other unethical conduct particularly in this era of enhanced political activities. He charged them not to compromise the rule of law and the independence of the Judiciary.

    He said: “My brother judges, distinguished ladies and gentlemen, we are all aware of the increase in tempo of political activities as we approach election year. Our nascent democracy has to be nurtured, consolidated and developed.

    “We are working assiduously to ensure that we clean our house, and completely dump the unfortunate toga of corruption that had plagued the Judiciary for some time. With your co-operation and commitment, we shall once again steer this nation to the path of transparency and good governance.

    ”I urge you to shun corruption in all its ramifications and encourage the sustainability of your determined effort to promote transparency and good governance in our body polity. I am confident that your efforts in line with the rule of law will stamp out corruption and enthrone an enviable democracy characterised by justice, equity, transparency and good governance.

    “My Lords, as the election year draws closer, your courts will be flooded with applications bordering on pre and post-election matters requiring adjudication. No doubt, election litigation is an inevitable part of the electoral process.

    “While INEC has the responsibility to conduct and manage elections, the Judiciary on its part, is charged with the responsibility of resolving disputes arising from the process. We must therefore ensure that matters brought before our courts are determined on their merits, devoid of any external interference, to ensure the sustenance of the independence of the Judiciary.”

    The Chief Judge of the Federal High Court, Justice Adamu Kafarati, has also spoken in similar vein. In this era of politics, he urged judges not to grant ex-parte orders in political cases, “except in very exceptional cases.”

    Kafarati was of the view that it was better to hear all sides before a decision is taken, so as to avoid unnecessary controversy in the adjudication process.

    He stressed the need for judicial officers to be extra careful in handling political cases because of their nature. He added that “actions or inactions by a judge, no matter how honestly done, is capable of misinterpretation.”

    Observers are, however, hopeful that these words of advice would go a long way in guiding judges and other court officials in navigating this year’s election season with less scandals.

     Effect of the 4th Alteration to the Constitution on pre-election cases

    What is the impact of the 4th Alteration to the Constitution, as captured in the provision of Section 285(12) of the Constitution (Fourth Alteration No. 21) Act 2017, on pre-election cases instituted before the alteration came into effect on June 14, 2018?

    Section 285(12) of the Constitution (Fourth Alteration No. 21) Act 2017 requires Court of Appeal to determine pre-election appeals within 60 days. Can this provision affect cases instituted before the alteration? At what point can the provision affect such cases?

    These are some of the questions to be determined by the Supreme Court in some appeals on which judgments have been scheduled for between January 22 and 25. The appeals include appeals Nos. SC/124/2018; SC307 and 308/ 2018.

    The decisions in theses appeals are also expected to affect the appeals involving Senator Aidoko Atai and retired Air Marshal Isaac Alfa in relation to the Kogi East senatorial seat, which have been adjourned to March 5, 2019.

     Judiciary goes digital

    The Judiciary, during the tenure of the late Justice Dahiru Musdapher (as the Chief Justice of Nigeria) initiated an ambitious project which was aimed at ensuring the automation of its operations. In 2012 it the inaugurated 14-member Judicial Information Technology Policy Committee (JITPO-COM) to develop policies and a roadmap for the adoption of information technology in Nigerian Judiciary, with representation from across the Federal and States’ Judiciaries and the Nigerian Bar.

    The Committee, according to its Chairman, the Chief Judge of Borno State, Justice Kashim Zannah was also to execute four main projects as a way of commencing the automation process for the Nigerian Judiciary

    The projects include the retrofitting of the courtrooms of the Supreme Court (the Supreme Court Room Retrofitting); the establishment of a national electronic mail system (the National Legal Email Setup for Bar and Bench); the Nigerian Case Management System (NCMS); and the establishment of a National Data Centre, to be located at NJC.

    On February2,2018 the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen a retrofitted courtroom in the Supreme Court and launched the National Legal E-Mail Project at the Supreme Court Complex in Abuja.

    Onnoghen described the development as a milestone that will go a long way in enhancing justice delivery in the nation’s courts and commended the commitment of successive leadership of the judiciary in seeing the project to fruition.

    He assured that the retrofitted court project will be replicated in all other courts in the near future, and said the Nigerian Judiciary is committed to employing cutting edge technology to enhance justice administration and providing Nigerians with the transparent, fast and accessible justice system they deserve.

    The CJN directed all Heads of Courts to acquire the unique legal email addresses for their courts from the JITPO Committee, especially for their Litigation Departments’ staff.

    It is expected that the other strands of the automation project will be attended to this year.

    The coming of anti-graft courts

    The general complaint over the persistent delay in the handling of corruption and financial crimes cases informed the creation of the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) by the NJC and its subsequent directive that heads of courts designate some courts to hear such cases.

    Not much was heard about COTRIMCO shortly after its inauguration in late 2017 until May 2018 when it came out with what it termed an interim report, in which it, among others, blamed every player in the criminal justice sector for the delay being experienced in the trial of corruption and financial crimes cases.

    In the report, presented at the 86th meeting of the NJC by COTRIMCO Chair, retired Justice Suleiman Galadima, many factors were blamed for the delay.

    Some of such factors were: poor prosecution, absence of counsel for parties in court, reliance on irrelevant documentary evidence, multiplicity of charges, non-adherence to court rules\procedures, retirement/transfer of Judges, re-assignment of cases to start de-novo, amendment of charges after commencement of trial, and cumbersome record transmission process to Court of Appeal.

    Although it is not clear if all heads of courts implemented the directive on designation of courts for corruption and financial crimes cases, COTRIMCO however gave a status report, in the year, about the performance of the courts.

    In a statement issued on behalf of COTRIMCO in July 2018, by NJC’s Director, Information, Soji Oye, it was revealed that 324 judgments were delivered within the first six months of the year by courts designated to hear corruption related cases nationwide.

    It also said that 12 of such cases were struck out and judgment have been reserved in 62 cases, leaving 1,479 cases out of the total 1,812 corruption cases pending in courts nationwide as at November 2017 when COTRIMCO was inaugurated.

    Between then and now, there have been no information about COTRIMCO’s activities and those of the designated courts. There are also no information about whether or not steps are being taken in the implementation of the many recommendations contained in COTRIMCO’s interim report on how to fast-track the hearing of corruption related cases.

    COTRIMCO had recommended among others, “proper training for prosecution in the area of investigation, especially in the area of Administration of Criminal Justice Act (ACJA) 2015; need for prosecuting agencies to have competent prosecution departments manned by qualified personnel; synergy between the various prosecution Agencies to enhance proper prosecution of criminal cases and use of professionals, such as accountants, auditors, etc, to investigate high profile and complicated cases.”

    It also stressed the “need for training and re-training of staff of Court handling criminal cases; need to provide judicial officers with a legal/research assistant to make their work easier; proper funding for the Judiciary and prosecuting agencies; deployment of more judges to handle designated corruption cases; complete overhaul of both physical and technical infrastructures in designated courts as some of them are small and not well ventilated; and need to come up with practise directions for corruption cases trial to cure anomalies in the trial of the cases.”

      Way out of justice delay

    In Lagos, the Chief Judge, Justice Opeyemi ,may have found a way out of delay associated with justice delivery.

    The state’s  Civil Procedure Rules 2012 has been reviewed to ensure speedy dispensation of justice and will take effect January.

    Justice Oke,  at a summit  to review the 2012 Civil Procedure Rules, said the new rules expected to come into effect as from January, imposed sanctions on lawyers, adding that the new rules are firm, strict and would block the hindrances delaying justice delivery.

    She hinted on the possibility of a lawyer losing his licence for delaying  trial, as is done in Singapore.

    The Chairman of the Civil Procedures Rules Committee, Justice Kazeem Alogba, also hinting on what to expect in the new Civil Procedure Rules , said any lawyer who scuttled any trial date would pay a minimum fine of N100,000.00 and N50,000 in the case of an interlocutory application for which a date had been fixed for hearing.

    He said non-compliance with Form 01 on Pre-Action Protocol would render the process a nullity, in addition to ‘serious punishment’.

    Justice Alogba said for instance, where a matter was left in the docket of a judge, six months after commencement of trial, the matter would be summarily struck out.

    To ensure diligent prosecution, he said default fees would be N1,000 per day as against the old N200 among others.

    Test case at Supreme Court

     One of such cases is an appeal pending before the Supreme Court, with the capacity to alter the relevance and powers of the NJC.

    The appeal was initiated by the NJC against the January 13, 2012 judgment of the Court of Appeal, Akure division in the appeal marked: CA/B/223/2008 initiated by Justice Kayode Bamisile.

    Justice Bamisile was the Chief Judge of Ekiti State until December 20, 2006 when the NJC, acting on a petition by some senior lawyers in the state, suspended him from office; removed his name from the payroll and stopped the payment of his salaries, emoluments and other perquisites of office.

    He challenged the NJC decision in a suit he filed before the Federal High Court, Akure division. And, in a judgment on March 13, 2008, the trial court granted three out of the plaintiff’s 13 reliefs.

    The trial court declared that, under Section 292 of the Constitution, the NJC cannot solely remove the plaintiff as the Chief Judge of Ekiti State. The court also declared that under Section 292 of the Constitution, the NJC “cannot usurp, take over or exercise, in any manner whatsoever, the constitutional powers reserved for the Governor of Ekiti State and the 3rd defendant (Ekiti State House of Assembly) in the removal of a judge or Chief judge of Ekiti State.”

    The trial court equally declared that “the plaintiff (Bamisile) is still in the judicial service of Ekiti State and the Chief Judge of Ekiti State, not having been removed in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999.

    Bamisile, not satisfied with the success he achieved at the trial court, appealed part of the judgment at the Court of Appeal, Akure division. The NJC cross-appealed part of the judgment that affected its powers.

    In its judgment on January 13, 2012 a three-man panel of the Court of Appeal, Akure upheld, in part, Bamisile’s appeal and dismissed the NJC’s cross-appeal.

    The Court of Appeal held that although NJC acted within its powers to suspend Bamisile and recommended his compulsory retirement, it went beyond its powers by removing his name from the payroll and stopping the payment of his salaries, emoluments and other perquisites of office when the governor was yet to act on its (NJC’s) recommendation.

    It ordered that Bamisile’s salaries, emoluments, fringe benefits and other perquisites of the office of the Chief Judge of Ekiti State be paid to him from December 20, 2006 until he attains the constitutional age of retirement.

    Justice Kudirat Kekere-Ekun,  justice of the court of Appeal JCA, as she then was in the lead judgment, held among others, that the NJC was wrong to have removed Bamisile’s name” from the payroll and deeming him to have ceased to be a judicial officer in the service of Ekiti State, solely on the basis of its recommendation for his (Bamisile’s compulsory retirement from office, when the Governor had not acted thereon.”

    This is the decision that the NJC has now appealed at the Supreme Court, which the apex court is expected to decide this year to put to rest the dispute about how far the NJC could go in penalising a judicial officer, who is found to have misconducted him or herself.

    Two ex-governors, one fate

    The Supreme Court is also expected to determine the fate of ex-Governors Jolly Nyame and Joshua Dariye, currently serving jail terms in Kuje prison, Abuja. Its decision in both cases will  reflect stand on the anti-graft war.

    On May 30 a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja convicted former Governor of Taraba State, Reverend Jolly Nyame on offences criminal breach of trust, obtaining valuable public properties without consideration and criminal misappropriation and sentenced him to a maximum term of 14 years.

    On June 12 aHigh Court of the Federal Capital Territory (FCT) in Gudu, Abuja convicted former Governor of Plateau State, Joshua Dariye on offences  of criminal breach of trust and criminal misappropriation and sentenced him to a maximum term of 14 years.

    The Court of Appeal on November 16 upheld his conviction, but reduced the sentence to a maximum of 10 years. He has now appealed to the Supreme Court. The Court of Appeal also, on November 16 upheld Rev Nyame’s conviction and reduced his sentence to 12 years.

    Dokpesi, Ayeni and others

     On November 21 a Federal High Court in Abuja rejected a no-case submission made by businessman/politician, Raymond Dokpesi and ordered him to defend himself against the allegation made by the prosecution.

    Dokpesi and his company, Daar Investment and Holdings Company Limited are being tried by the Economic and Finanacial Crimes commission on charges of alleged breach of procurement law to the tune of N2.1billion

    They are charged with money laundering, procurement fraud and accused of fraudulently receiving N2.1bn from the Office of the National Security Adviser (ONSA) between January and March 2015.

    Hearing in the case is expected to resume on February 20, 2019.

    On December 17, former Chairman and Managing Director of Skye Bank Plc (now Polaris Bank) – Tunde Ayeni and Timothy Oguntayo – were arraigned in relation to alleged money laundering offences involving about N4.75billion and $5million.

    Ayeni and Oguntayo were arraigned before Justice Nnamdi Dimgba of the Federal High Court, Abuja on an eight-count charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    The duo, who was accused of committing the alleged offences between 2014 and 2015, pleaded not guilty when the charge was read. Their lawyers applied for bail on their behalf, applications the judge granted, admitting each of the defendants to bail at N50million each.

    Trial is to commence in the case on February 13, 2019

     Trial of judges, SAN resumes

    The trial of Justice Rita Ofili-Ajumogobia and Godwin Obla (SAN) for alleged unlawful enrichment and conspiracy to pervert  justice, which began with their first arraignment on November 29, 2016 before a Lagos High Court will resume on January 26, 2019.

    At their last appearance in court on December 14,2018, Justice Ofili-Ajumobogia slumped few minutes before the commencement of proceedings, following which the trial judge, Justice Hakeem Oshodi adjourned to January 26, 2019 for the hearing of the defendants’ no-case submission. Trial is also expected to begin in the criminal case involving Justice Yunusa Nasir of the Federal High court and a worker in the law firm of Rickey Tarfa and Co, Esther Agbor.

    They were arraigned on January 17, 2018  by the Economic and Financial Crimes Commission (EFCC) before Justice Sherifat Solebo of the Lagos State High Court in Ikeja on charges of alleged perversion of the course of justice.

    The defendants pleaded not guilty.

    Others include the trial of suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike (a.k.a. Evans) and some of his alleged accomplices.

    Trial of NBA President, Mr Paul Usoro for an alleged N1.4billion fraud. The case resumes on February 5.

    Danish national Peter Nielsen 53, is standing trial at a Lagos High Court for allegedly killing his wife Zainab, and their three-and-a-half-year-old daughter, Petra.

    On November 12, a Federal High Court in Lagos revoked the bail granted a former governor of Abia State, Mr Orji Uzor Kali in 2007, following Kalu’s absence without permission from his N7.65bn fraud charge trial.

    Kalu was also ordered to surrender himself to the EFCC within 24 hours of his return, failure of which he would be arrested.

    Former Ekiti State Governor is also on trial for an alleged N2.2bn fraud charge.

    Fayose was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.

    Dr John Abebe’s trail for alleged $4m  fraud

    The Economic and Financial Crimes Commission (EFCC) on July 26, 2018 arraigned Dr John Warimeme Abebe, a businessman and younger brother to Stella, the late wife of ex-President Olusegun Obasanjo.

    He was arraigned before the Lagos State Special Offences Court in Ikeja and accused of complicity in an alleged $4 million fraud.

    Abebe is facing a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert the cause of justice slammed on him by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada.

    Rotimi Oyedepo, the EFCC prosecutor, said the defendant committed the offence on June 22, 2010 in Lagos.

    Abebe has however denied the charges.

    At the last proceedings on December 3, 2018, Justice Dada turned down an application by Abebe, for the release of his international passports.

    Abebe had, through his counsel, E.D. Onyeke, sought the release of the passport to enable him travel to the United Kingdom (U.K.). Onyeke had told the court that his client lost his mother in the UK and needed the passport to travel to make arrangements for her burial.

    Justice Dada however ordered him to file a formal application to the court saying, “Your oral application is not welcome,” and adjourned to January 25, 2019 for continuation of trial.

  • 2019: Issues that will shape presidential campaigns

    As the 2019 Presidential Campaign kicks off today, Associate Editor, Sam Egburonu and Assistant Editor, Dare Odufowokan, report on the major issues that will top campaign promotions of the two leading candidates and the expectations of Nigerians

    AS the campaigns for the 2019 Presidential Election formally kicks off today, Nigerians are eager to know the issues the leading candidates and parties would present to electorates for consideration.

    Also, Nigerians, who spoke to The Nation yesterday, expressed some of their major expectations and what they would look for before voting in the 2019 Presidential Election.

    They pointed out that instead of the steady descent into personal attacks and mere shouting of party slogans at campaign grounds, what Nigerians want is focused discourse on key national issues.

    Wide calls for issue-based campaigns

    Announcing the kick-off of the campaigns in a statement made available to The Nation yesterday, the Independent National Electoral Commission (INEC) said, “Political parties who have fielded candidates for the February 16th, 2019 Presidential and National Assembly elections will by Sunday, 18th November 2018 (today), commence campaigns across the country.

    “This is in line with the Timetable and Schedule of Activities issued by the Commission and in accordance with Section 99(1) of the Electoral Act, 2010 (as amended) which provides that ‘the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day’.

    “Political parties are expected to conduct their activities in an organised and peaceful manner, devoid of rancour, hate and/or inflammatory speeches,” INEC said.

    Also declaring its intention to commence campaigns immediately, one of the leading candidates, the candidate of the opposition Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, in a statement yesterday through the Atiku Presidential Campaign Organisation gave a hint at some of the issues that dominate its campaign: “Our policy document focuses on creating jobs, ensuring security, growing business, developing power and water infrastructure, agriculture and education and how we will empower women.

    “Our policies outline the goals and methods for developing and revitalising Nigeria as the foundation of our campaign.”

    It has been noted that since the end of the primaries, observers have expressed concern over the texture of preliminary comments made by aides and campaign organisations of the two leading candidates, the candidates of the ruling All Progressives Congress (APC) and that of the opposition PDP respectively. The concern has been as a result of observed descent to personality attacks, a development concerned Nigerians said must be replaced with issue oriented campaign agenda.

    Hinting at the need to focus on issues and play according to the rules, INEC, the electoral body said yesterday that its decision to flag off campaigns from today “is guided by the provision of the nation’s constitution. The Electoral Act, as amended, states in 99(I) say, “the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day.”

    The 2019 Presidential Election has largely been defined so far by personal attacks among political parties and candidates, especially between the ruling All Progressives Congress (APC) and the leading opposition party, the Peoples Democratic Party (PDP). But significant policy statements and clear cut issues are being expected to be advanced by the main actors as the campaign officially begins today.

    And while those issues will be hashed out on the campaign trail over the next three months, some topics are destined to help define the nation’s next election. Not a few pundits are optimistic that both President Muhammadu Buhari of the APC and former Vice President Atiku Abubakar of the PDP will seek to appeal to the Nigerian electorates by making definitive proposals on how they intend to address some major concerns of Nigeria and Nigerians ahead of the polls.

    Urging Nigerians to be prepared to engage all the candidates for elective positions during the campaign, Adams Oshiomhole, the APC National Chairman, has said that with President Muhammadu Buhari as the party’s presidential candidate for the 2019 election, the APC is set to especially, engage the opposition PDP on issue-based campaign.

    Oshiomhole maintained that the party is now ready for the 2019 election, adding that the president had given a good account of himself as a leader who led by example.

    Giving a clue of what to expect as the campaigns kicks off, he said the APC would scrutinise the records of the flag-bearer of the opposition parties, especially the opposition PDP.

    This, he said, would be done with a view to bringing their past deeds to the public to enable the voters make good choices. “Nigerians must be well informed as they vote for people we want to take us to the next level. We will look at the records of the opponents. We will look at his pedigree. We will challenge them on their track records,” he said.

    Similarly, the PDP said that its campaign will be focused on issues and solutions that have direct bearing on the welfare of Nigerians. The party’s National Publicity Secretary, Kola Ologbondiyan, said “The PDP and our presidential candidate will focus on ensuring security. We will focus on how to increase the purchasing power of Nigerians, as well as revamp our economy through strategic intervention in critical sectors, especially power, food security, road and railway infrastructure.

    “We will also focus on education, energy, health, water provision, and labour issues, among others. “The PDP will proffer direction to reduce cost of governance and release funds for development purposes; cut harsh tariff and tax regimes and eradicate corruption,”Ologbondiyan said. He said that the party’s campaign would be strategically centralised and streamlined.”

    The party said revitalising Nigeria is the foundation of the campaign. “Our campaign offers a simple message: united, the people of Nigeria can begin anew, creating a prosperous and secure future and a better life for every Nigerian. We will ensure effectiveness and responsibility our messages content, dissemination and general engagement with Nigerians at all levels.”

    Economy and jobs

    The economy and jobs are usually key issues when the debate is about electing new leaders. For instance, the 2015 election, at a time when the country was threatened with a looming recession, was undoubtedly influenced by huge consideration for post-election economy. Many pundits are of the opinion that millions of Nigerians are once again concerned about the economy of the country and would vote with this in consideration.

    The problem of unemployment remains a menace in spite of efforts at tackling it by the current administration; thus, the need for more jobs will be a deciding factor as people go to the polls next year. Dr. Bade Aderinwa, a public analyst and economist, speaking with The Nation at the weekend, said “2019 should ordinarily be a trim when Nigerians will concern themselves more about how food will get to their tables considering the difficulties they encountered economically this year.”

    Expectedly, the parties and the candidates will make serious business out of convincing the voters that they know the economic problems and job needs of the people as well as the best ways to tackle these. Already, many of the leading candidates and their parties have been talking about the economic needs of the country and how they are going to solve them.

    During the run up to the PDP national convention that threw him up as the party’s presidential candidate, Atiku had, in his attempt to convince the delegates of his suitability for the job at hand, given insights into some of his economic plans if elected President in 2019. “On jobs, as long as growth of the economy is driven by the oil sector, job creation is bound to suffer. To tackle the job and poverty challenges bedeviling the economy, we shall focus on four areas.

    “First, we shall stimulate the growth of those economic sectors which are considered the domain of the poor i. e. agriculture and micro & small enterprises. For the MSE sector, we shall set up a Venture Capital Fund to enhance their access to finance and hence their ability to grow and employ more hands. Second, we shall set up a National Innovation Fund to support budding entrepreneurs, especially young men and women with brilliant ideas.

    “Thirdly, we shall promote a Special Apprenticeship Programme that will support training of up to 1,000,000 youth (including the NYSC) each year in diverse fields, by local master crafts persons. While they undergo the training, we shall match them with potential employers. Fourth area of focus is the aggressive promotion of Nigeria as Africa’s leading business process outsourcing destination with potential to create two million direct and indirect jobs.

    Our goal is to ensure that Nigeria fully explores the vast opportunities that abound in the global market for IT and IT-enabled services to create quality jobs for our youth. Also, to lift our people out of poverty, we shall improve their access to basic services including education, health, electricity and water  by making these services not only available but affordable,” Atiku had said. And not a few analysts believe he will speak more on these as he out the boxes to campaign in the coming days and weeks.

    If Atiku and his party, the PDP have emphasized economy as their major campaign point, President Muhammadu Buhari and his party, the APC, have also called on Nigerians to acknowledge the “foundations the Buhari-led APC Federal Government has laid.” Prince Maxwell Ideawor, a public analyst said “Nigerians may complain of current economic hardship, but it is a fact that the APC government has succeeded in redirecting our focus on agriculture, which I believe should be the right alternative to oil-based economy. So, I think Buhari and his party will project agriculture as their solution to economic revival.”

    Power

    The unending problem of electricity supply across the country is another issue that will be topical as the campaign commences. Opinions are currently divided over how well the current administration has fared in tackling the power problem. While some will say there is huge improvement in the power supply today, others want to see more effective improvement.

    Of course, the parties and their candidates are aware of these opinions and will seek to exploit the situation when campaigning. For Atiku, there is a lot of work to be done in the power sector. “We shall increase power generation by ensuring full participation of private sector. We shall issue licences to enable the private sector invest in mini-grid capabilities to service local communities or local governments, states, regions or target industrial clusters.

    “Our electricity generation plan shall be diversified to include clean energy (hydro, solar and nuclear) in addition to natural gas. As you may be aware, the transmission infrastructure of the power sector is ageing and in dire need of investment. We shall provide incentives  including tax breaks to the private sector to invest in the development of multiple green field mini-grid transmission systems,” he once promised.

    As for Buhari, power, which was one of the major campaign issues with which he and his party, APC rode to power in 2015, there would be the need to explain to Nigerians what has been achieved in this critical sector. Sources said in the planned campaign policy of the president, achievements of the administration in the power sector would be laid bare.

    Restructuring

    Restructuring is one issue that is poised to lead the 2019 Presidential campaigns.

    As far back as April this year, PDP candidate, former Vice President, Atiku Abubakar, promised that he would restructure Nigeria in six months if elected president in the 2019 elections.

    He said this during a question and answer session at the Chatham House in UK after delivering a lecture titled: “The Importance of Strengthening State Economic Management Systems”.

    He also said he would offer a matching grant of $250 million each to the 36 states of the federation to challenge them to enhance their Internally Generated Revenue.

    As he puts it, “Beyond institutional and administrative reforms to improve operational efficiency of the revenue agencies, the federating units will be challenged to double their efforts in rebuilding the fiscal-social contract, by enhancing service delivery in key areas such as health, education, water supply and infrastructural development.

    “Only this would change the predominant perception that government revenues are diverted to the private bank accounts of politicians and their cronies,” he said.

    Since then, the issue of restructuring has remained at the top of the agenda. Significantly, the ruling APC is not outrightly opposed to it but Buhari has challenged the proponents to explain clearly what they meant by restructuring. This shows that as the campaign kicks off, Nigerians expect to hear more about this central issue.

    Security

    With the insurgence in the northeast still raging and herdsmen killing and kidnapping not yet nipped in the bud, discourse is expected to focus on security in the next three months ahead of the 2019 elections. There is no doubt that an effective blueprint on how to better secure the country and end reckless killings will look attractive to discerning voters during the campaigns.

    Atiku and the PDP are already wooing Nigerians with how they plan to arrest the situation if elected. “On security, we must understand the root causes of the security challenges in the North. The full economic potentials of the region remains undeveloped resulting in high rates of youth unemployment, high levels of poverty and deprivation and income inequality.  Access to education is more restricted, resulting in more out of school children in the North than anywhere else in Nigeria.

    “Unless these issues are tackled, youth restiveness, sectarian violence and other acts of insurgency and terrorism shall continue to bedevil the region. My first critical policy priority therefore is to support the northern states in rebuilding their economies and opening up economic opportunities for their citizens. This will reduce frustration and alienation and minimize grievances.

    “We shall same time undertake a comprehensive review of our security architecture & enhance its preparedness to meet challenges. As part of the review we shall commence the gradual process of instituting state police & community policing in line with principle of restructuring,’ Atiku was reported to have promised when asked how he will tackle the problem of insecurity.

    For President Buhari and his party, APC, security is one issue they plan to leverage on. “The Buhari-led Federal Government has scored high in security, especially on the handing of Boko Haram. This is why APC expects to win in the Northeast,” said Ideawor.

    What Nigerians expect

    While the politicians are working hard to put together convincing messages to be delivered to the electorates during campaigns, the people are compiling their various wish lists in anticipation of the coming of the parties and candidates.

    So far, spokesmen of the leading candidates have assured Nigerians that they will play according to the rules.

    Confirming their resolve to play according to the rules, governors elected under the platform of APC after a recent strategy meeting said they will campaign strictly based on “issues” in 2019.

    The Chairman of Progressives Governors Forum, Rochas Okorocha of Imo State, while speaking with State House correspondents after a meeting with President Muhammadu Buhari said “Our election this time will not engage in castigations, we will be talking on issues. Nigerians are tired of political abuses, what we want to be talking about are issues and track records of people involved in our elections,” the governor said.

    According to him, “Nigerians are very wise now. Before they elect anybody, they will ask questions: what has been your track record, who were you before and who are you now and everything about you. For that reason, we are confident that 2019, APC will pull through,” he said.

  • Issues in party primaries

    Given the vehement outcries in several quarters as regards the outcome of the just concluded primaries of the All Progressives Congress (APC), was the party right to have gone ahead with the contentious intra-party polls rather than allow the continuation of the erstwhile Chief Odigie Oyegun-led somnolent status quo as desired by some stakeholders? Viewed superficially, the boisterousness and seeming descent into disorder in some states following the APC primaries is far less preferable than the peace of the graveyard that hitherto prevailed before comrade Adams Oshiomhole’s emergence as national chairman of the ruling party.

    Yet, the truth is that it would have been infinitely more dangerous for the APC to have gone into next year’s elections in the complacent and utterly delusionary belief that all was well in the party when deep seated grievances and frustrations were simmering ominously beneath the deceptively placid surface. Though often rancorous, chaotic and sometimes even temporarily destabilizing, inter and intra- party contests allow contending ideas and interests to compete openly thereby bringing disagreements, disaffections and misgivings into the public space and allowing a significant degree of healing to take place within parties or in the polity as a whole.

    Open and free intra-party contestations also enable the identification of individuals and tendencies that cannot reconcile their particular aspirations with the group interest of their political parties thus making it easier for such disaffected persons or groups to seek accommodation elsewhere. In apparent affirmation of the fact that most politics is ultimately local, the post primaries crises that have engulfed the APC in a number of states do not appear to have had any significant negative effect on President Muhammadu Buhari’s support base within the party.

    It is instructive that no aspirant was confident enough to challenge Buhari for the APC’s presidential ticket thus his overwhelming victory at the September 25th  direct presidential primaries, an exercise in which he garnered 14, 842, 072 votes nationwide. No less significant is the fact that those who left the APC to contest for the presidential ticket of the Peoples Democratic Party (PDP) – Senator Bukola Saraki, Senator Rabiu Kwankwaso and Governor Aminu Tambuwal – were unable to clinch the opposition party’s ticket, which was emphatically won by former Vice President Atiku Abubakar.

    Quite apart from the alleged role of money in the outcome of the PDP presidential primaries, there is no doubt that the party’s key stakeholders were convinced that only Atiku had the requisite stature to offer a formidable challenge to Buhari and the APC at next year’s polls.

    At the very onset of his presidency, Buhari had given an indication that the kind of debilitating dwarfing and marginalization of the ruling party by the presidency witnessed under the PDP would no longer be the case during his tenure. He thus commendably kept the presidency at a respectable arms length from the internal affairs of the APC to the extent of not interfering with the process of electing the party’s inaugural leadership at the National Assembly. True, the efficacy of the PMB administration has been considerably hobbled by the emergence of a National Assembly leadership that not only was at variance with the party’s preference but actively nurtured the legislature into an effective opposition to the executive.

    But it is not PMB’s perceived antipathy to politics that is to blame for the dysfunctional relationship between the legislature and the executive under the current leadership of the National Assembly. Rather, the fault lies squarely with the complacent, indolent and lethargic Chief John Odigie- Oyegun led National Working Committee (NWC) that was pathetically unable to enforce discipline among the party’s ranks in the legislature as well as foster harmonious legislative-executive relations predicated on a common party platform.

    Since nature abhors a vacuum, the APC governors naturally moved in to seize the sovereignty within the party especially given PMB’s unwillingness to act the part of authoritarian imperial president as was the case with President Olusegun Obasanjo and Dr. Goodluck Jonathan under the PDP. As major financiers of the party within the context of the widespread poverty that incapacitates millions of party members from being effective financial members, the governors were well placed to assert authority over the party within their states and by combination to steer the party nationally in the direction of their choice. All they had to do was to ensure that their interests did not collide with that of an essentially apolitical but still very powerful and influential presidential incumbent.

    Against this background, it is misleading to label only one or two governors fiercely contesting the outcome of the primaries in their states, which they find disagreeable, as emperors. The truth of the matter is that by virtue of the positions they occupy and the ingrained political culture that had subsisted until now, all governors irrespective of their party platforms are veritable emperors in their states to varying degrees. If governors had largely imposed their candidates for various offices on their parties in the past, it is certainly not illegitimate for current occupants of the office to wonder why things should change in their own time.

    Yes, Oshiomhole deserves commendation for his courageous attempt to change the extant system favourable to governors, which he also benefitted from in the past as a former state chief executive. A far easier and possibly more beneficial path in pecuniary terms would have been for the national chairman to dance to the tune of the governors who are after all his erstwhile colleagues. The dominance of the club of governors in the APC would thus have been consolidated under Oshiomhole watch. The diminutive ex trade unionist leader’s preferred option of direct primaries is a revolutionary initiative to foster greater popular control of the parties by rank and file party members. It may indeed be one of the most epochal developments of this political dispensation if Oshiomhole summons the courage to remain steadfast.

    To paraphrase the late Professor Harold Laski, an increasingly obsolete and dysfunctional era in the management of the affairs of political parties in Nigeria, specifically the APC in this case, is dying. A new, more inclusive, transparent and democratic intra-party dispensation is struggling to be born. It is the Oshiomhole-led APC NWC’s historic role to be the midwife of the emergent, more just, equitable era, which will be hopefully less prone to financial manipulation. There can certainly be no new birth without the kind of labour pangs currently being witnessed by the APC.

    But as national chairman, Oshiomhole should be the chief unifier of the party. He should be able to stand firmly by the principles of transparent and credible intra-party electoral processes within the APC without engaging in avoidable public insults and brickbats with aggrieved members of the party understandably opposed to the change he champions.

    In my view, PMB emerges as the undisputed hero of the APC’s inevitably fractious primaries. Being the ruling party, the fierce scramble for the APC’s tickets at various levels is understandable. Whatever may be the fault of the party and its administration over the last three and a half years, it still offers the best prospects for aspirants to public office in next year’s elections in large swathes of the country. In this context, it is to his credit that PMB has not thrown his weight around unduly or utilized the immense powers of the presidency to circumvent or short circuit due process during the APC primaries.

    Some of those most aggrieved at the outcome of the primaries are known to be very close personal allies of Buhari. Yet, he has not constituted himself into a superior adjudicating authority to decide on the merit or otherwise of their complaints. Buhari has insisted rather that stipulated procedures be strictly adhered to. This in my view places him on an elevated moral pedestal that will be difficult to equal in this political dispensation.

    What has become obvious from the various intra-party electoral contests, particularly those of the ruling APC, is that party primaries are too important and critical to the smooth functioning of the political system to be left to the internal arbitrary devices of political parties. Going forward, this column advocates the establishment of a National Political Parties Regulatory Commission (NPPRC) to oversee the registration and deregistration of political parties as well as conduct intra-party elections both for party and elective offices at all levels. That way, party members will not be at the mercy either of domineering governors or all powerful national executives.

     

     

     

  • INEC issues nomination form to Abubakar

    The Independent National Election Commission (INEC) has issued a nomination form to Bauchi State Governor Mohammed Abubakar as the All Progressive Congress (APC) candidate in next year’s election.

    Abubakar is running for a second term.

    His Press Secretary, Abubakar Al-Sadiq, expressed confidence that the governor’s record in his first term will earn him a second.

    “This will enable him consolidate on the good work he started in the state,” he said.

    He called on aspirants who contested the primary against his boss to show sportsmanship and dedication to the party by working with the winner to ensure victory at the polls.

    ‘’I want to call on the other candidates who slugged it out with him in the primaries to accept the will of God and join hands with him for the development of Bauchi State and the APC as a party.

    “The good people of Bauchi State have spoken and they would come out en masse to vote for Governor Abubakar because his giant strides in all the sectors of the economy are second to none in the history of Bauchi State and one good turn deserves another’’

    “Governor Abubakar defeated three other aspirants, Capt. Bala Jibrin, Ali Pate, and Yakubu Lame to emerge victorious in the last APC’s governorship primaries.

    “Getting his nomination form has put to rest the speculations that the party headquarters may take a different decision on Gov. Abubakar’s candidacy due to pressure from the three defeated aspirants,” Al-Sadiq said.

  • Issues in power sector reform

    It a symposium to mark 2012 Democracy Day, then President Goodluck Jonathan pointed out that the federal government owed N185 billion in judgment debts. The litigations arose from top government officials’ decisions that were not thoroughly evaluated. No doubt, the judgment debts would have risen by now.  Last May, it was reported that two arbitration awards totalling $8.9 billion (about N2.7 trillion) have been made against Nigeria. The judgment obligations emanated from contractual actions of the Olusegun Obasanjo, Umaru Yar’Adua and Goodluck Jonathan administrations.

    The present administration seems not to have learnt from these cases going by recent developments in the power sector. According to Minister of Power, Works and Housing Babatunde Fashola, “the Distribution companies (DisCos) bought these (power) assets with their eyes opened and they must compete to deliver or exit.” At a July 9 press briefing on the state of the power sector, he said all the stakeholders had a share of the blame. He did not say anything about the government’s responsibility in the Nigerian Electric Supply Industry (NESI.) All the challenges in the industry are traceable to the belligerence and inefficiency of the Discos. The minister shied away from the truth. The economy is already burdened and nobody should add to it with their disregard for the fine points of contracts.

    The core investors paid the government over $1.3 billion for 60% equity in each of the 11 DisCos. They did not invest in the sector to be told off by anybody.  The investments are backed by contracts entered into with the government and provides for arbitration and adjudication by the courts. Over three years after the core investor for Yola DisCo, Integrated Energy and Distribution Marketing Company, returned the firm to the government, it has yet to get the $87 million agreed to by both parties as recompense for its investment. It had paid $59 million for 60 per cent equity in the firm. The question then arises: can the government meet the payment demands of 10 DisCos, if arbitration and /or court adjudication favour them. Does the minister believe that the investors will exit without adequate recompense?

    Hindsight is always 20/20. It seems lost to authorities that when the prospective core investors were bidding for the enterprises, they were unable to undertake sufficient due diligence on the distribution assets because of the restiveness and militancy of the labour unions in the power sector. The sale of the distribution power assets was predicated on cost-reflective tariff which would encourage the core investors to rehabilitate and improve the performance of the DisCos. That understanding was met in breach.  It is important to state that if tariffs are not cost-reflective, it becomes demanding for the DisCos to be able to raise the necessary funds to pay back the principal and the interest on the loans. In March 2015, the Nigeria Electricity Regulatory Commission (NERC) removed the collection losses component in the Multi-Year Tariff Order (MYTO). That reduction in electricity tariff was seen by industry operators and observers as politically influenced and was described by a former NERC Commissioner for Market Competition and Rates, Mr.  Eyo O. Ekpo, as “patently bad”. How do you explain that a sector whose tariffs were not initially cost-reflective could absorb a reduction in tariff? No wonder within months, some DisCos had to declare force majeure.

    As if that was not bad enough, the electricity market has experienced at least six tariff review suspensions since November 2013 when the power assets were handed over to the investors. Even the introduction of eligible customers’ regulation came too early and affected the premium class of customers that account for 60% of the revenue of the DisCos. Section 28 of the Electric Power Sector Reform Act provides thus: “If the minister determines, following consultation with the president that the directive given under Section 27 will  result in decreasing electricity prices to such an extent that a trading licensee or distribution licensee would have inadequate revenue to enable payment  of its committed expenditures or is unable to earn permitted rates of return on its assets, despite its efficient management, the minister may issue further directives  to the commission (NERC) on the collection of competition transition charges from consumers and eligible customers, the distribution of the funds collected to the trading licensee described in Section 25(a) and to the distribution licensees, and the duration of the competition transition charge.” The import of this provision is if the minister makes the eligibility declaration, it is incumbent on the minister to ensure that the declaration does not have negative financial impact on the DisCos.

    Fashola spoke glowingly of the N213 billion Central Bank of Nigeria Nigerian Electricity Market Stabilisation Fund (NEMSF) which the apex bank began disbursing to DisCos and GenCos (generation companies) in 2015. He failed to inform the public that the soft loan was meant to cover the difference between the actual tariffs charged by the Discos and what ought to be charged if the actual Aggregate Technical Commercial and Collection (ATC&C)  losses of the Discos had been known at the time  of handover in November 2013.

    Moreover, the short fall in revenue which was prompted by the absence of reliable data at the date of handover was made to appear as liabilities in the books of the DisCos. This decision had significant impact on the balance sheet of the DisCos, thereby inhibiting their ability to borrow additional money to fund their capital expenditure.

    It is apt to point out that the major factor inhibiting massive inflow of funds from overseas to the power sector is the unresolved risks of the sector, particularly the shortfall in the revenue value chain.

     

    • Aminu writes from Lagos.

  • Midwest Bar issues ultimatum to three executives

    •Groups endorse Okafor for NBA president

    The Mid-West Bar Forum has issued a 48-hour ultimatum to members of its executive committee.

    Chief Gweke Akhudihor, Mr Rasaq Isenalume and Mrs. Tessy Eghe-Abe are to apologise to the chairman and members  for allegedly issuing an unauthorised statement asking for their resignation or suspension.

    The forum, through its chairman Chief Chike Onyemenam (SAN) and Publicity Secretary Prince Alex Obade, demanded the publication’s retraction.

    It said: “Take notice that at the just concluded quarterly meeting of the Mid-West Bar Forum held in Asaba on  June 30, it was unanimously resolved that you issue within 48 hours from today, a press release apologising to the chairman and members of the Mid-West Bar Forum for your false and unauthorised press release calling on the Chairman of the Forum to resign as Chairman, and retracting the said publication in all the social media/Whatsapp groups where you previously issued same, within 48 hours from today, failing which, you shall stand automatically suspended as members of the Executive Committee of the Forum.”

    Onyemenam told members that after the last meeting, the forum’s first Vice-Chairman, Second Vice-Chairman  and Secretary authored a publication in several Nigerian Bar Association (NBA) online platforms.

    They were said to have accused Onyemenam of being compromised by one of the NBA presidential aspirants and that he was bent on adopting him.

    According to the chairman, even after the forum’s elders intervened, the statement’s authors were yet to publish a retraction.

    The forum, therefore, passed a vote of confidence Onyemenam and resolved that Akhudihor,  Isenalumhe and  Eghe-Abe  should publish a retraction  or be suspended.

    The forum also resolved: “That Chief Arthur  Obi-Okafor  (SAN) was unanimously adopted as the sole candidate of the Midwest Bar Forum,  for  President; and Mr. John Aikpokpo Martins for the position of second National Vice-President,  having polled 53 votes against seven votes polled by Ben Orji.”

    The forum also adopted Akorede Habeeb Lawal for the post of Assistant  Publicity Secretary; Kunle Edun for the post of Publicity Secretary  and all other sole candidates from the forum who are awaiting clearance by the  Electoral committee of the NBA (ECNBA).

    Members of the Forum were urged to support and vote for all the adopted candidates.

    On the forum’s proposed first annual summit, the Chairman informed the house that the event  was postponed because of the ramadan fasting and paucity of funds and that a new date will be announced.

    On the proposed Amendment of the Legal Practitioners Act, Onyemenam said there has been  no additional inputs from members since the last meeting.

    The House, therefore, resolved that the recommendations of the Giwa-led committee be adopted and sent to the National Secretariat as the forum’s input.

    In the same vein, the Otu Oka Iwu (Igbo Lawyers Association) has backed Okafor’s bid for NBA presidency.

    Its  president, Chief Chuks Ikokwu, assured Okafor  that the association support in the election to be held this month.

    Praising Okafor for the “erudite lecture” he delivered at the law society’s  meeting,  Ikokwu said they “will strongly support your quest to lead the NBA to a better future.”

    He said the group had bestowed Okafor with “offor,” the Igbo symbol of authority, adding that he was certain that the presidential aspirant, who is also Chairman of the  NBA Criminal Justice Reform Committee “will make us proud.”

    Okafor advocates law firm partnerships

    Speaking on the topic: The challenge of unemployment and under-employment in the legal profession, Okafor urged lawyers to embrace the partnership model, warning that “the days of solo practitioners are numbered”.

    He emphasised the need for NBA to establish a committee on partnerships to promote the practice model, adding that the committee should be empowered to offer loans and technical support to lawyers to enable them set up such partnerships.

    Okafor said the NBA   should partner with global training institutions to provide continuing legal education programmes to members, urging lawyers to equip themselves with contemporary skills that will make them competitive.

    His words: “The time has come to build the Nigerian lawyer as a brand. The Nigerian lawyer must be transformed into a knowledgeable, versatile, courageous brand and with deep insight into global best practices.

    “This brand must specialise and dominate the legal market in specialised areas. This brand must transmute from being a jack of all trade to an expert in certain areas in the legal market.”

    Okafor said “the new NBA President must be ready to speak out on crucial national issues.”

  • ‘Child justice, employer-employee issues deserve attention’

    The Lagos State Office of the Public Defender (OPD) resolved over 14,000 petitions and court cases between January 3, last year, and December 31. Its new Director, Mrs. Adenrera Olayinka Adeyemi, tells ROBERT EGBE how the agency plans to improve on this record.

    How long have you been at the Office of the Public Defender (OPD)?

    I was in the Office of the Public Defender from 2004 till 2015 and I rose to the post of director. But I was transferred to another agency in 2015, and now I’m back.

    What changes have you observed since your return?

    There seems to an increase in cases of defilement, rape, domestic violence, etc. I would have thought that the increasing awareness about such crimes would have significantly curbed their occurrence, but it appears that this is not the case and this is of great concern to the OPD and the Lagos State Government.

    At the same time, it is reasonable to assume that because of the regular campaigns by the OPD and its sister Lagos State Government agencies against such crimes, more people are now more willing to file complaints about it. In the past, people were very shy, very reluctant to speak about sexual offences for fear of being stigmatised, we almost had to be compelling them to come and testify in court. But they are now getting bolder and coming out more because of the support they know they can get from the OPD and other government and non-governmental agencies.

    Don’t forget that one of the reasons why the OPD was established was so that it can bridge the gap in access to justice between the rich and the poor. In fact, it is a plus for the Lagos State Government or any other government to have an agency like the OPD because by bringing access to justice closer to the people, it will further endear the government to the people.

    The OPD has hosted judges from the United States and lawyers from the National Institute for Trial Advocacy (NITA), who trained OPD and Ministry of Justice lawyers. How have such trainings impacted your lawyers’ performance?

    It has had a great impact. The quality of services we render in representing our clients has so improved that more defendants now prefer that we represent them rather than outside counsel. Also, a lot of people including local and international organisations now seek collaborations with us. Some non-governmental organisations (NGOs) that cannot go to court, now approach us to do so on their behalf. If they didn’t have faith in our competence they would not be doing so. Even judges, who are sometimes involved in training our lawyers, now testify that they can see marked differences in how we defend cases in court. Such partnerships will certainly continue. Just before I left the OPD for two years, we started work on this kind of training. We are looking at expanding such partnerships to other areas of law, so that our officers can get the required exposure and training. Right now, we are stepping up our involvement in child justice issues, so, we are seeking collaborations for training in that area.

    The visitors from the US and NITA observed in 2016 that apart from Lagos, no other sub-Saharan African city or country had an Office of the Public Defender. Several states now have dedicated offices for public defence. What is your relationship with these states’ agencies?

    Periodically, we get requests from other states and organisations seeking opportunities to understudy the OPD. I was part of the trainers for Ogun, Ekiti and Oyo states when they were about to set up their citizens’ rights centres a few years ago. Recently, we had an NGO from Osun State wanting to collaborate with us on some of our activities; they want to learn the secret of our success in rendering the services we do. We have had other NGOs, especially within Lagos coming in as well. Many other states have seen the need for and are now setting up this platform, so we are applying more innovation in our services which would make it even easier for people to get access to justice and enable Lagos State maintain its leadership status.

    Last year, the OPD handled over 14,000 cases and recovered over N189 million for indigent litigants. How do you plan to improve on this record?

    One area where we feel the OPD can make more impact is on employee-employer cases, because we’ve realised that low income earners suffer a lot in employers’ hands. So, we want to look at these cases critically and see how we can assist them to get compensation. Some employees also suffer injuries from accidents in the course of doing their jobs, so we are stepping up action towards securing damages for them and I can assure you that by the end of this year, the amount recovered for indigent litigants is certain to be higher.

    It is also noteworthy that when we started the OPD, we started with criminal cases like similar agencies around the world were doing and then we graduated to child justice cases and other non-criminal matters. Now, those other agencies around the world have begun emulating us in terms of the type of cases they handle. So, the world is moving towards safeguarding the rights of the vulnerable and less privileged. This is another area where we shall increase our focus.

    How do you overcome communication challenges for persons with disabilities or persons who are not literate, but require your services?

    Language barrier is one of the things we have largely broken. We have staff who are fluent in some of major Nigerian languages. This has aided our work here tremendously. For instance, we are collaborating with an NGO from the Hausa community in Agege. They approached us for assistance to tackle human rights abuses in their community. So, we will be visiting them soon to familiarise with them and sensitise their people on how they can take advantage of our services to get justice. We’ve written to the Seriki of Agege to call his Galadimas, high ranking chiefs, etc. for the meeting. We are not only going to talk about human rights abuses, we are going even further to talk about child rights issues such as early marriage. Of course, we understand that it is a cultural thing, so we will be diplomatic so as not to offend their sensibilities. For persons with disabilities, we are collaborating with the Lagos State Office for Disability Affairs (LASODA) because sometimes persons living with disability approach us to seek our services and one of the challenges that we have is sign language. So, we are collaborating with LASODA who will likely give us someone to assist us in this regard. This is just a temporary measure, because we intend to select some of our counsel to learn sign language. Personally I think lawyers and, in fact, everyone should learn sign language. It could be made a subject in school. This will aid our communication and relationship with persons with communication challenges.

    How do you convince OPD clients that your lawyers will not be influenced by the MOJ?

    No, there is no friction whatsoever. Our first allegiance at the OPD is to the people we are defending. We are professionals and we defend people to the best of our abilities. It is irrelevant whether we are friendly with the government prosecution team from the state Ministry of Justice (MOJ); that won’t count. That’s one of the reasons why the OPD was moved out of the MOJ and made a separate agency. In the past, the OPD’s authority was challenged in court, but we have a Supreme Court decision to the effect that there is no conflict of interest in the cases handled by the OPD.

    Don’t forget also that the Constitution is very clear: everyone is entitled to counsel, particularly for serious offences. In fact, without a counsel, a murder or armed robbery suspect’s case might not move. Those were some of the things the OPD discovered when it began operations; most legal practitioners in the field were not ready to represent such defendants. But when the OPD came, we began offering free legal services and that has really bridged the gap between the rich and the poor. If you want to quantify the financial value of the services that the OPD renders, you’ll realise that the Lagos State Government has done a lot.

    Government agencies hardly ever admit that they have all the funds they require. How has the OPD been meeting its funding needs?

    The OPD has been receiving tremendous support from Lagos State Governor Mr Akinwunmi Ambode through the Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem. The governor gives the OPD its subventions on time. Every innovative idea that the Attorney-General brings to the governor’s attention is always approved and given every support to the highest level. Recently, the Attorney-General pushed for, and the governor increased the capacity of counsel at the OPD. This has strengthened our operations and enabled us to render our services faster and more efficiently. We used to have contract staff, but now we have permanent state counsel.

     

  • Issues that will dominate 2019 election campaigns

    As the official flag-off of 2019 election campaigns draw closer, Associate Editor, Sam Egburonu, reports on the issues that will likely dominate the campaigns and possibly determine voters’ choices

    AS the 2019 general elections draw closer, Nigerians and keen observers are eager to know the issues that will determine the campaigns and possibly influence voters’ choices. In 2015 general elections, the mantra that carried the day was the slogan of change. Experts said most electorates were easily swayed to cast their votes for change because the slogan, more than any other, captured the dream of the suffering Nigerian masses, who desperately wanted better days.

    Three years after, there are divided opinions on what should attract Nigerian voters in the forthcoming 2019 general elections.  Prof. Wole Soyinka set the ball rolling when he identified age as one of the factors that should guide youths while casting their votes. He gave the advice late last month in his convocation lecture at Elizade University, Ilaramokin, Ondo State, where he called on youths to vote out old politicians.

    “All I can just tell you is this; don’t make the mistake of following those who failed you before; those who are pretending that they have nothing to do with the disaster that has overtaken Nigeria. They are very quick to smell failure, they are very quick to shout it; but they exculpate themselves, whereas they are the founding malfeasance of the Nigerian condition,” the Nobel Laureate warned.

    Describing Nigerian old politicians as “monumental failures,” Soyinka said time has come for Nigerian youths to take up the challenge of leadership. He expressed hope that if youths show interest in leadership positions, they would serve the Nigerian people better. “Mobilise, get your representatives and stop bothering geriatrics like myself,” he said.

    Following the advice, which can be described as ‘agenda setting for 2019,’ The Nation asked other stakeholders who said Soyinka’s call for youths to assume greater leadership roles in Nigeria, though propitious, would not be the only major issue that would dominate election campaigns this year.

    Other issues identified by our respondents include restructuring, insecurity, ethnic sentiments, hunger, economy and credibility of individual candidates, amongst others.

    In fact, before Soyinka’s public advice to youths on the importance of age, most elder statesmen and leaders, especially from the South, that have commented on the issue have identified restructuring as a key factor

    Restructuring and power devolution

    It would be recalled that at the 10th Abraham Adesanya lecture in Lagos on Wednesday this week, leaders of the Southern regions and the Middle Belt demanded for restructuring of the country as a way of moving forward, warning that failure to restructure the country could be a recipe for its disintegration.

    They made the call through a team, including the leader of Pan Niger Delta Forum, Chief Edwin Clark, President-General of Ohanaeze Ndigbo, Chief John Nwodo, Afenifere leader, Ayo Adebanjo and Air Commodore Dan Suleiman, President of Middle Belt Forum, which visited the Senate President, Bukola Saraki.

    When Clark, who led the delegation, asked Nwodo to present the case of the group, the Ohanaeze President-General said: “We have come to you at a very difficult time in the history of our country. We are visiting the National Assembly because of its unique position in our constitution. The democratic system we run in our country rests on the three organs of government.

    “For these three arms, the other two function in accordance with laws made by this arm. This arm characterises democracy because in a military government you will have both the judiciary and the executive.

    “But it is only in a democratic government that you have the parliament. The parliament is a microcosm of the people because every section of the country has by adult suffrage delegated its voice to this parliament.

    “We have watched the helplessness of the National Assembly where members of the executive even refuse your invitations to come and make explanations contrary to provisions of the constitution.

    “We have found the helplessness of the Senate when you can be invaded in spite of the security adornment in this place controlled by the executive and the seat of the Senate President is almost invaded but for the personal security of the aides of its leadership.

    “This is because our system makes the tail wag the dog rather than the dog waging the tail. This cannot be in a fountain of legislative authority for executive implementation, and yet they toy with the system.

    “We have come to tell you that it is in our view that it is because we have this over-concentration of powers in the Federal Government contrary to the agreement that our forefathers entered into for the nation called Nigeria. That governance has failed in our country. That economic development has failed,” the group said, adding that “the way out of the problems bedeviling the country is a revisit of the power devolution clause that was rejected by the parliament in ongoing constitution alteration process as promised by the National Assembly.”

    Chief Ayo Adebanjo, who led South West delegates to the meeting, added that “the way the country is going, any interest outside immediate restructuring of the country would amount to playing with fire.”

    Responding, Saraki said the 8th National Assembly has been working hard to create enabling environment that will attract investors and that the parliament would continue along that line.

    On the call to revisit clauses that were rejected during the ongoing constitution review process, Saraki said the National Assembly is ready to reconsider the clauses and that it would do so after the passage of the 2018 budget.

    He assured that the National Assembly was prepared to address issues raised by the group “because there is no alternative.”

    He said, “If we want to defend our democracy, it is not about me. We will come and go. It is about the institution. We must work to grow the institution and strengthen the institution. You have raised a number of issues on the economy. There are opportunities ahead but it is difficult for people to invest where there is no rule of law.”

    Earlier, other eminent Nigerians, including former Secretary General of the Commonwealth, Chief Emeka Anyaoku and General Zamani Lekwot, called for urgent restructuring of Nigeria to fiscal federalism to avert “imminent disintegration of the country.”

    They made the call during the 10th Memorial Symposium of Senator Abraham Adesanya, Theme” Leadership and the Future of Nigeria”Held on Wednesday 2-5-2108, At Shell Hall, Muson Centre, Onikan, Lagos, where Anyaoku served as the Guest Speaker.

    Sentiments of ethnic nationalities

    But Chief Chekwas Okorie, the Founder and National Chairman of United Progressives Party (UPP) told The Nation on Friday that more than the burning issue of restructuring, sentiments of ethnic nationalities would largely influence voters’ choices in 2019.

    As he puts it: “The truth that is self-evident is that overwhelming majority of Nigerian citizens believe that the present geopolitical structure of the country is the major impediment to the development of Nigeria. The issue of restructuring of the geopolitical architecture and federation of Nigeria will play dominant role in the 2019 campaigns. The political parties that canvass this critical issue as a social contract expressly contained in their manifesto registered with INEC will definitely attract the attention of the electorate that is growing steadily in political consciousness. The APC-led Federal Government under President Muhammadu Buhari has divided Nigerians more than any government before it along ethnic and religious lines. The federal character provision in the Nigerian Constitution has been observed mainly in the breach. Nepotism, sectionalism and parochialism noticeable in appointments into public offices, the National Security Council and government policy thrust have fueled the feeling of alienation among Nigerians. Consequently, ethnic, religious and sectional sentiments shall influence the pattern of voting in the 2019 general elections. The people of the Middle Belt and most of Southern Nigeria are already showing strong interest in the matter of the self- determination of all of Nigeria’s Ethnic Nationalities. In fact, it is already being promoted by the United Progressive Party which I lead as National Chairman that self-determination of Nigeria’s Ethnic Nationalities is indeed superior and more easily implementable than the vexed issue of restructuring. The 2019 general elections shall be like no other before it in all considerations. I venture to state that INEC and the security agencies are critical factors in whether Nigeria shall survive the 2019 general election and remain as one country,” he said.

    Fear of insecurity

    In his response, Dr. Sonny Ajala, a practicing lawyer in Abuja, told The Nation that age will not be the major determinant of election campaigns and voting in 2019. “Frankly speaking, I don’t share the view of age playing material role in the 2019 elections as the dynamics of our society is not just peculiar but grossly steeped in mundane issues of religion and ethnicity. Have you wondered why no single state of the Federation since 1999 stands out in any cognizable human index? For me, the matrix of the 2019 elections will be apprehension of sudden tragic death by terrorism, militancy, criminal banditry such as kidnapping, abduction, rape, arson, etc. Therefore, the weighty consideration for most political actors will be  will my existence, freedom and wellbeing be sustained after 2019 elections is won and lost? Since political contest in Nigeria is not based on any ideological leaning, the common attraction that shapes voting pattern are: personal interest, group/sectional interest and interplay of external forces. Therefore, the mind of the voter will most likely be agitated by the existential question: ‘If my wellbeing was seriously threatened during the preceding year, what guarantee do I have upon the status quo remaining? For the next four years, it is safe to remark that the fear factor is seemingly blind to age. The fear factor cut across the political divide, religious persuasions, ethnic/tribal colouration, economic and financial standing,” he said.

    Anti-corruption and Economy

    Comrade Wilfred Frank Ogbotobo, the Coordinator of South-south Legacy Forum told The Nation that restructuring, insecurity, anti-corruption and economy will dominate 2019 election campaigns, adding that electorates will however want to know the ability of the candidate to impact in these critical areas.

    As he puts it: “On the surface, there will be a lot of glamour and hype on issues like restructuring, insecurity, anti-corruption and the economy. Of course, these are very fundamental issues that should form the crux of any electoral campaign, but the fact remains that politicians in Nigeria only dwell on them during periods like this,” he said.

    Ogbotobo explained however, that “discerning minds are aware of the fact that the underlying trajectory of the 2019 campaigns is between corruption and anti-corruption.”

    On security, he said “the Buhari administration has largely contained the audacious advances and gains of the Boko Haram insurgency, and many other volatile threats that confronted it in different theaters of insecurity in the country like the Niger Delta Avengers and the IPOB Biafra agitations.

    “In the case of the Middle Belt crises, the President has displayed exceptional focus and in his characteristic manner, he has shown the needed political will to confront the root causes of the crises in order to design an acceptable peace and security architecture for the region.”

    Ogbotobo added that “the issues at stake are very complex. Moreover, we cannot afford to address them effectively by some ad hoc solutions. Crises involving the Middle Belt have always proved intractable. The Middle East and South Sudan are instances.

    “The fact that he has not opted for the failed quick fixes that previous administrations adopted, such as the Odi massacres and the genocidal destructions of Zaki Biam and other communities, should not be misrepresented as indifference to the killings and wanton destructions that have taken alarming dimensions recently.

    “Recall that in September 2001, exactly this same scenario played out. While killings took place daily, highly placed Nigerians and regional leaders chose to spread lies and misrepresentations that did not help to prevent recurrence.

    We must be honest on issues of security, not politicize to inflame the system with the intention to play down the spectacular accomplishments of the Armed Forces and the PMB administration.

    “Secondly, on the economy, I believe there is a silent transformation going on. In spite of the challenges associated with the reforms, ordinary Nigerians are steadily coming to terms with the reality of our condition and the fact that we must walk this road if we are concerned about a brighter and more secured prosperous future for this country.

    The reality we face is the struggle to get out of the mess left behind by the PDP and never to allow ourselves treading this path. Today, the administration’s economic diversification philosophy is successfully converting militant youths to great rice farmers in the Niger Delta and elsewhere, without fanfare.

    “On the issue of restructuring, it has become a joker in the hands of failed politicians in need of relevance whenever they are in very tight and disadvantaged circumstances. I believe strongly that Buhari is not averse to rebalancing the lopsided and unproductive federal structure. However, we cannot achieve the desired objective if we do not first loosen the iron grip of corruption on the system.

    So, head and tail, the 2019 campaigns is a straight battle between the forces of corruption and the war against corruption. We urge Nigerians to look through the beautiful masks and sweet melodies. As former Prime Minister David Cameron once put it, the climb may seem difficult but the view from the summit is worth it.”

    Candidate’s individual credibility

    For Engr. Nwabueze Onwuneme, an All Progressives Congress (APC) chieftain, the credibility of the candidate will be the major campaign issue in the forthcoming election. Onwuneme, an Abia State APC State House of Assembly aspirant for Umuahia North State Constituency seat, told The Nation that for 2019 elections, the major focus would be individual acceptance rather than sheer party affiliation.

    According to him, “the major focus this time would be the credibility and acceptance of individual candidate. No political party will tell their candidate not to work for the people and let me tell you that every political party in the country has wonderful manifesto. The problem therefore has been election of the wrong individuals. So, from now, it is important we vote only for the right individuals with positive ideas, irrespective of political party.”

    Aside these outstanding factors, The Nation investigation shows that average Nigerian voter seems to have become more critical and so may spring surprises. This, as Okorie said, suggests that 2019 General Elections may be poised to be like no other before it. So, it remains to be seen what would turn out to be the winning mantra.

  • ‘PIB won’t solve Niger Delta issues’

    ‘PIB won’t solve Niger Delta issues’

    The Executive Director of Environmental Right Action, (ERA), Dr Godwin Uyi Ojo, has said that the  Petroleum Industry Bill (PIB) will not address issues of the Niger Delta region.

    Dr Ojo spoke at a one-day Civil Society and Host Communities workshop for the Southsouth,  in  Port Harcourt, Rivers State capital.

    He observed  that the bill does not specify what constitutes environmental infraction and other issues to address the lingering Niger Delta crisis.

    According to him,  the key elements that brought about agitation in the Niger Delta, such as oil spill clean up and gas flaring, is not reflected in the bill.

    In his view, the bill as presented, ” has not met  the major criteria to address the issues  it was met for such as the years of monumental devastation of the environment of Niger Delta, compensation, clean up and revenue allocation.

    “I want us to remember that this is a conflict resolution bill to address the years of monumental devastation of the environment of the Niger Delta. The bill will address the issue of environmental pollution,  the compensation, the clean up , the revenue allocation and how they are used in the development process and sadly this bill as presented has not met those criteria.

    “This bill is pro-industry and seem to reinstate the statuesque.  For example, the money to be receive are  to go directly first to the local government authority where we know that the State and the local government have no level of independence”

    “So that is a lacuna. The fact that the bill does not recognise local communities as the fundamental unity of planning is a flaw process, so we need to recognise that and ensure that the local government that need this should be dealt with directly”.

    “The petroleum host communities fund appear to override cooperate social  responsibility. The Secretary of the board is being proposed to be an oil company worker and that worker is also to be nominated by the oil company themselves”

    “So they have one way abrogated the power of control over the fund. They put the money out their with the aim to maintain their interest and also control the process.”

    He said the civil society organisation would come as a body to approach the National Assembly to address flaws in the bill.