The Nation Newspaper

Tag: LAW

  • Law students remember Gani Fawehinmi

    FIVE years after his death, Gani Fawehinmi, a frontline lawyer and human rights activist, remained in the hearts of many.

    Law students of the University of Lagos (UNILAG), under the aegis of the Gani Fawehinmi Students’ Chambers, held an event to honour the late legal icon.

    The event with the theme: Consolidating democratic norms through credible electoral process, was attended by the Lagos State Governor Babatunde Fashola, his predecessor and first military governor of the state, Rear Admiral Ndubuisi Kanu (rtd), and Osun State Governor Rauf Aregbesola.

    The students said the event was to consolidate the achievements of the late Fawehinmi whose legacies, they said, made impact on the lives of many.

    Fashola praised the late human rights activist, saying Fawehinmi was a legal brand made of best values.

    He advised the students to emulate the legacies left by Fawehinmi, which he mentioned to include hard work, justice, fairness, rule of law and equality before the law, probity, accountability and liberty, among others.

    The governor urged the students to be courageous, saying it was the best virtue that could help them to go far in life.

    Speaking to CAMPUSLIFE, Lawal Abiola, 100-Level Law, said: “I am very grateful to the officials of the Gani Fawehinmi Chambers for this exhilarative and insightful programme. If I hadn’t come to grasp a first-hand experience, I may never have forgiven myself.”

    During the event,  the Head of Chambers, Lord Henry, who gave awards to guests and some students for their “efforts in making the programme a success”.

    Others at the event include frontline constitutional lawyer, Prof Itse Sagay (SAN),  Dean of the Faculty of Law, Prof Akin-Ibidapo Obe, Ms Basirat Fawehinmi; Barr Taiwo Taiwo, a former Vice President of the Nigerian Bar Association, Ikeja branch  and Senator Oluremi Tinubu, who was represented.

  • ‘Law to stop abandoned projects coming’

    ‘Law to stop abandoned projects coming’

    Mr. Ntufam Fidel Ugbo, a lawyer, is the Executive Secretary National Planning Commission (NPC) and Secretary to the National Economic Council (NEC).  A former Director with the Central Bank of Nigeria (CBN),  Mr. Ugbo was Secretary to the State Government, Commissioner for Finance, Planning and Budget in Cross River State before he was appointed to the NPC. He is a governorship aspirant in Cross River State. He speaks with  JOHN AUSTIN UNACHUKWU on law and economic development.

    Can you give us  an insight into your background, where you were born and how you started as a young man?

    Well, every human being, no matter what he or she is in life and  how highly placed, must have started from somewhere. And anywhere you start from, you can call it your scratching point. So, I started from the scratch. I was not born in the city. I’m a rural boy, I grew up in a rural community, went to  primary school in a rural community, except that I was exceptionally brilliant  in my academics.

    What do you mean by this ?

    Well, I said that because I made a distinction in my primary school examinations, that is  First School Leaving Certificate.  I went to  secondary school  in the then East Central State. I then went to the University of Calabar, first degree in economics, second degree, finance and eventually, I went to read law, went to  Nigerian Law School. I was eventually called to the Nigerian Bar in 2005.

    What have you been doing all these years?

    In all these years, I have worked in the Central Bank of Nigeria (CBN). I was one time the commissioner for finance, planning and budget and eventually ended up as the Secretary to the Government of Cross Rivers State and now, Executive Secretary, National Planning Commission and Secretary, National Economic Council.

    As the Secretary to the National Planning Commission, what  is the work of the commission?

    The commission is special. It is the only commission in Nigeria that has its duties spanning the three tiers of government,  the Federal, states and local governments. We oversee every planning activity across the tiers of government and whatever we do as the planning commission also cascades to all these tiers of government.

    We are also a window to the world in attracting grants from donor agencies, from bilateral partners into Nigeria. We are also a coordinating commission. We coordinate all development assistance that comes into Nigeria for any ministry, department or an agency of government. While the Ministry of Finance is in charge of credit facilities, anything such as loan facility, credit facility, it is the Ministry of Finance. Any grants, in aids to Nigeria either in cash or in kind, comes through the National Planning Commission.

    Law has been defined as an instrument of social engineering. What aspects of our laws do you think should be amended to fast track economic development in the country?

    Law and economics go hand in hand, law and development go hand in hand. If you create an enabling environment what it means is that your legal systems are perfect. You can encourage investors to come and invest because the legal environment is conducive for them to operate and when that happens, it brings development, so you see the nexus between law and economic development. When you embark on projects and programmes of governments, governments come and go, but the   programmes and projects you established  would continue to remain. How do we  ensure that the law helps us to ensure that progress and development are sustained?  What we in the National Planning Commission noticed is that when governments come into power, the first thing they do is  to abandon what the previous administration did. And to us, that is a loss to the Nigerian populace.

    What are you doing about this?

    We came up with a law which we call Projects Continuity Bill, which is before the National Assembly, believing that the National Assembly will look at it and pass it into law so that no administration, whether it  is the Peoples’ Democratic Party (PDP) or is the All Progressives Congress (APC),  will come to power and abandon what the immediate past  administration did. This is beneficial to Nigerians and not to any particular person or any political party. So we expect that such a law would  be put in place as it will help us in our development efforts. It will help Nigerians to realise the benefits of their taxes. That is how law can assist in ensuring that there is  development. That is how law will ensure that people, who are supposed to bring in money, invest and bring development come in when the environment is right and the  legal systems properly put in place. That is the relationship between law and development and we believe that we are doing a great job in addressing that.

    One of the problems  in Nigeria   is lack  of continuity in government policies. What is your commission doing to stop this?

    We are trying to see that there is continuity in government  development policies. Remember that we started with the vision 2020. About 5000 Nigerians participated in tracking the Nigerian vision. Why did we get all Nigerians from all walks of life to participate in that?  It is because  we didn’t want  it to look as if it is Federal Government document. No,  it should be a Nigerian document.  So, every Nigerian was given  the opportunity to make a contribution to that plan. And when that came up, the states in the same vein, followed suit by developing their own vision which was derived from the national vision.

    To ensure that we coordinate and ensure the working together of the three tiers of government, we have the National Economic Council, which is chaired by the Vice President with all the 36 Governors in attendance and you know that the constitution places the responsibility of the governance of the third tier of government, which is the local governments in the states.

    So, if the governors are in attendance, they are representing their states. So, this meeting holds every month  where we discuss matters that affect the Federal Government, the states and the local governments in one sitting and everything we need to do as a nation.  This is very important and we coordinate this meeting from the National Planning Commission, which is an aspect we think we are doing well.

    Which  values do you think have been added  to the governance of this country?

    Well, for the first time in the history of Nigeria, a sitting President did a mid-term review of his achievements. That is  Mr President’s Transformation Agenda  mid-term report. He published a report  where he challenged Nigerians, saying,  this is what he has achieved in the two years of his presidency and if anybody doubts what was contained in the report, he is free to  debunk it by showing that what was written was not correct. Up till this moment, nobody has come out to say that what  the President  presented was not true. That report was was facilitated by the National Planning Commission, they  came up with that report.

    We have set up a national monitoring and evaluation system for the country, which is working very robustly. We have established a Geographic Information System (GIS) monitoring laboratory in the National Planning Commission because we know that we are in an age of Information and Communication Technology (ICT) which we must apply in running all our processes. We have done all that, which is the pride of the commission, and it happened during my tenure as the secretary to the commission. So,  I am indeed, proud that we are doing  what  we ought to do and we partner  other organs of government that are available to us like the Joint Planning Board

    What is the work of this Joint Planning Board?

    The Joint Planning Board is a body where all the states planning commissioners meet quarterly to discuss issues that affect the three tiers of government and what can be done. We make resolutions,  go  ahead to enforce them and at the same time monitor what is going on. The National Monitoring and Evaluation that we have put in place, is also encouraging the states to adopt the same system because it will help us to know what we are achieving and where we are failing. This is because once we know where we are achieving well and where we are failing, we can correct the failures and improve on the positively.  So, to that extent, we are making wonderful  contributions and we are coordinating what  happens across the three tiers of governments.

    What do you monitor and evaluate?

    We monitor budgets and programmes implemented by the three tiers,  Federal Government  fiscal projects. We develop a monitoring evaluation report every  year to tell what ministries and departments are achieving every year and whatever do not achieve, we report also.

    Why do you do this ?

    We do this because we want to give them an opportunity to see what they are doing, because as the saying goes, you do not see yourself, you can only see yourself with a mirror. And we being the mirror through which the ministries, departments and agencies (MDAs) see themselves, we give them that report, so as to see clearly what they are doing right and what they are not doing  wrong. We a  also monitor programmes and not only projects.

    It is widely speculated that you intend to be Cross River State governor next year, what is your reaction to this?

    Service to me has been part of my life because when I was talking to you about the areas I have offered services here and there, you will see that it has always been a life of service to the people, service the nation and all that. And if at this point in time I consider that I have all it takes to  step up my service to my state, I think I’m right.

    What makes you think you are the man for the job?

    Yes, in 2006 I aspired to be the Governor of my state. I am a team player and at the end of the day we agreed and came together. We worked together to actualise the dream for one of us, who happens to be the current Governor.

    Now 2015 is around the corner , the guidelines are indeed, out and my people still believe that I have what it takes to give them that leadership and I have been urged to renew the aspiration I started in 2006. I cannot let my people down, I will take up the challenge and I will show interest.

    There was an advertisement in the newspapers where you were quoted to have said that  you rejected the Lagos accord of three musketeers, what is your reaction to this?

    I was shocked to the marrows when I read the advertisements in the newspapers. I was shocked because I did not understand why human beings could go to the extent of concocting, fabricating and publishing such lies in the newspapers just to undermine other candidates and achieve political gains.

    That advertisement did not come from me nor did it emanate from my campaign office. How can I go ahead to say that a government, which I am fully part of, is a slave driver? It then means that I am a slave driver.  Above all, we have done our best for our people and the country in general. Mischief makers used the photographs of our Governor and that of our former governor to do that. They made it sound as if it came from my campaign train. It is really unfortunate and this kind of politics must be discouraged by all. The press should always cross check who is sending advertisements to them.

    They should always confirm the authenticity and verify the source, so as not to embarrass innocent citizens, defame them or infringe on their fundamental rights.

    As an embodiment of economics, law and finance, how do you intend to touch the lives of ordinary people of Cross River if elected as Governor in next year?

    At times when you are growing up in life, you go through certain processes that may look like you don’t know what God is doing, but He is deliberately preparing you for certain responsibilities. You may never know that. But somehow, somewhere along the line, you will begin to realise that God was indeed, preparing you for a great task.  I started my life as an economist. I was engaged in the Central Bank of Nigeria as an economist where I worked for 24 years. Out of the 24 years, 20 years were with the CBN and four years were the years I spent as Commissioner for Finance, Planning and Budget in Cross River State. That was between 1995 and 1999.

    When I returned to the Bank, I read law and took a Masters’ degree in Finance, which exposed me to all forms of financing options and all that. As if that was to say look, you are going to face a state that is financially challenged, you should have those views to decide on how you are going to innovatively create some financing that will help to propel development in the state.

    So, I believe that these backgrounds I had, with the fact that I worked at the CBN  and in the International Economic Relations Department of the Bank, I am now working in National Planning Commission where I have to coordinate and direct  development assistance to Nigeria, interface with development partners and interface with bilateral partners from different  parts of the world  that send one form of development assistance or the other to the nation. That in itself has  also placed  me in a  better position to bring this experience to bear on the people of Cross River State to be able to share the benefits.

    How do you think your law background would help in governing the state?

    Politics is all about law and order. My law background will be able to give me an insight into what should be the proper legal frameworks, the proper laws that we should put in place to propel our economic development in order to create the enabling environment for governance. How does it enhance the understanding between the executive and legislative arms of government? If you have somebody who has a fair idea of the law, you will be able to manage the relationship among the Legislative, the Executive and the Judiciary. So, these have placed me in a position where I will be able to address some of these issues for the benefit of the people of Cross River State.

     

     

     

  • Law and politics of impeachment

    Law and politics of impeachment

    A Lagos lawyer, Chijioke Emeka, argues that impeachment is essentially a political trial with predetermined outcome.

    Recently, Murtala Nyako, former Adamawa State governor, was ‘impeached’. Shortly thereafter, Tanko Al-Makura, Nasarawa State governor narrowly survived ‘impeachment’. Mr. Sunday Onyebuchi, Enugu State deputy governor got the boot for allegedly running an ‘illegal poultry’ and refusing to represent the governor at functions.

    Before these incidents, Jude Agbaso, Imo State deputy governor was ‘impeached’. These events have raised legal and political issues, which I would try to examine in this piece. Since I am a counsel in the Agbaso case, which is still before the Court of Appeal, Owerri Division, I would avoid any comment on the Imo incident.

    Let me enter a caveat.  The term ‘impeachment’ does not appear anywhere in the 320 Sections of the 1999 Constitution (hereinafter ‘CFRN’) or in its seven schedules and three alterations. It is, however, used in this text in its popular sense as the process of removal from office of an elected executive (president, vice president, governor and deputy governor), for gross misconduct.

    Being essentially a feature of the presidential system of government, it was not until 1979 when Nigeria switched to the presidential system that the tool could first be put to use. (In parliamentary systems, confidence vote, vel non, was the equivalent political sledge-hammer to bring down a premier’s government).

    Thus, Alhaji Balarabe Musa, the then Kaduna State governor became the proverbial guinea pig used to test the brand new weapon of ‘impeachment’. If the resolution of the Kaduna State legislature removing Musa from office was a Zmapp drug experiment, it came out successful.

    At the new turn of democracy in 1999,  Abia State deputy governor, Enyinnaya Abaribe; Kebbi State deputy governor, Suleiman Argungu; both Lagos State deputy governors, Kofo Bucknor-Akerele and Femi Pedro; Oyo State governor, Rasheed Ladoja; Bayelsa State governor, DSP Alameseigha; Ekiti State governor and deputy governor, Ayo Fayose and Biodun Olujinmi; Anambra State governor, Peter Obi; Plateau State governor, Joshua Dariye; Bauchi State deputy governor, Mohammed Gadi; Bayelsa State deputy governor, Peremobowei Ebebi; Taraba State deputy governor, Sani Abubakar Danladi and others have had to swallow this bitter political pill.

    The Ladoja, Dariye and Obi cases were most celebrated because  the courts explained the law and firmed up jurisprudence. The three governors were restored by courts and effectively won the politics of return. A successful impeachment is a blend of politics and legality. The plotters must win the politics and then, if challenged in court (as is almost always the case), also pass through the legal crucibles.

    As a political process, ‘impeachment’ is intended to constitute a political trial and judgment of the Legislature, while the courts are silent. This is apparently why the CFRN provides for an ouster clause; and partly defines gross misconduct as whatever is so “in the opinion” of the legislature. (There are equivalent provisions for removal of president and vice president in section 143(10) and (11).)

    From Balarabe Musa forward, two bizarre consequences soon reared their heads to the consternation of well-meaning persons. The first was the creation of ‘gross misconduct’ from just ‘anything’, the most popular being refusal of a chief executive to open the public till to the legislature or a ‘godfather’ on demand.

    Nigerians lost count of how many times former President Olusegun Obasanjo was threatened with impeachment by the legislature over ‘gross misconduct’ that was generally interpreted to mean ‘refusal to share the money’. None was however, consummated. Obasanjo himself later became infamous for aiding the impeachment of state executives on questionable ‘gross misconduct’ that ranged from not being a member of his political party to being perceived as hobnobbing with his political opponents, especially his vice president, Atiku Abubakar; or simply being ‘disloyal’, which could mean opposing his truncated bid to secure a third term.

    In respect of deputy governors, who had been at the worst receiving end of the scourge, their ‘gross misconduct’ usually constituted a perceived political ambition without the blessing of the governor, or any other disagreement with the governor on private or policy issues, or simply the governor perceiving it as politically ‘strategic’. It should be noted that in all these, an ostensible ‘gross misconduct’ is normally minted. This has usually been corruption allegations, but recently running an ‘illegal poultry’ has made the fascinating list.

    The second problem that exploited the CFRN’s politicisation of impeachment was jettisoning of due process by the legislature. During the Obasanjo years, once the blessing of the president or a ‘garrison commander’ was secured with the backing of the EFCC, the Legislature could proceed without due service of notice of allegation or even without a quorum; sit at un-parliamentary hours; sit without a Speaker or the Mace; sit in a hotel in town; or proceed without the required votes etc.

    There was no end to the violation of procedure by the legislature. They apparently believed the ouster clause in Section 188(10) meant that even if the wrong procedure was adopted there was no judicial oversight, as Section 188(10) made them complainant, lord and master of procedure and the first and final Judge.

    Given their ordinary grammatical meaning, the words of the ouster clause are so clear that no court would on the face of that provision accept an impeachment case. This was the cruel fate suffered by both Musa and Abaribe. But this was soon to unravel. The Gestapo manner in which Ladoja was removed as governor, which shocked every normal person, became the catalyst.

    Thus in ADELEKE V OYO STATE HOUSE OF ASSEMBLY (2007) 1 NWLR (PART 100)  608, the Court of Appeal courageously ‘redrafted’ the ouster clause using the judicial license of ‘interpretation’. Law is dynamic and bad times give rise to revolutionary times. It was held that since Section 188(1) – (9) prescribes procedures, the proper interpretation to be given to the ouster clause is that it could only be activated when such procedures had been complied with.

    Many who thought that the revolutionary decision was judicial activism gone too far were surprised when the Supreme Court in INAKOJU V ADELEKE (2007) 4 NWLR (PART 1025) 42 not only upheld the decision but laid down far-reaching principles that effectively put impeachment procedure under the radar of judicial scrutiny. Thus, contrary to the decisions of the Court of Appeal in BALARABE MUSA V AUTA HAMZA (1983) 3 NCLR 229 and ABARIBE V SPEAKER ABIA STATE HOUSE OF ASSEMBLY (2002) 14 NWLR (PART 788) 466, judicial oversight is available over impeachment procedure.

    So if the letters of Section 188(1) – (9) are strictly complied with, judicial power ends, and politics prevails. The courts would not question the finding of the panel of seven or question any of the two resolutions of the legislature in the process, that is, so long as the required majority was met. Where any of the letters is overthrown, the impeachment is legally wrong even if politically right.

    The then emergent jurisprudence that the legal correctness of an impeachment as expoused in LADOJA was justiciable soon ossified as law. This was evident when the Court of Appeal applied it in Peter Obi’s case. See BALONWU V OBI (2007)  NWLR (PART 1028) 488, Dariye’s Case, DAPIALONG V DARIYE (2007) 8 NWLR (PART 1036) 239; and in Ebebi’s Case. See EBEBI V SPEAKER BAYELSA STATE HOUSE OF ASSEMBLY (2012)  5 NWLR (PART 1292) 1.

    While the problem that arose on the issue of due process was resolved by revolutionary judicial tactic, the political angle remains. It is noteworthy, however, that in LADOJA, Niki Tobi JSC (then) hinted on the need for a valid gross misconduct to exist. This could mean that judicial power may extend to test the grossness of an alleged misconduct. Hopefully this would be taken in an appropriate case.

    However, my humble view is that since Section 188(10) opened with a constitutional definition of ‘gross misconduct’ as a “grave” violation of the Constitution and then leaves a discretion to add new strains, the ejusdem generis rule would apply to remove absolutism from such discretion. It would thus in my view be constitutionally invalid to proceed on an allegation that falls out of class with a “grave” constitutional violation. Running an alleged ‘illegal poultry’ is not a constitutional violation, talk much of “grave”. My view though.

    Impeachment is political because once the master-mind and his co-conspirators secure a required majority of the legislature; and the Chief Judge (though expectedly apolitical) is ‘with due respect’ made to appoint the ‘right’ people as Panel of Seven, the impeachment is a done deal. The importance of the role of the Chief Judge was demonstrated in the failed bid in Nasarawa State.  There, the legislature felt the ‘wrong’ people were appointed.

    Being essentially a political trial with predetermined outcome, an apprehensive subject usually keeps off the panel’s sittings, but Al-Makura appeared. That was significant and too telling. It was also clear that the legislature lost the politics when they began to demand for reconstitution of the panel. Section 188(5) CFRN gives the Chief Judge discretion to appoint neutral persons. For the politics to succeed, the panel members are usually not neutral. By Section 188(8) CFRN the politics failed the day the panel reported that the allegations were not proved. The legislature only retained the liberty to commence a new process on new facts or submit a legal dispute.

    The successful impeachment of Murtala Nyako is also a case study in the triumph of the politics. It is believed that his virulent epistle to the president was behind his travail. But the politics was effective as all hands were on deck (or forced to be on deck) to pull it off. The ability of the actors to unite on a common object explains why what succeeded in Adamawa failed in Nasarawa. It remains the legal crucibles of constitutional validity.

    Successful politics (or bad politics) of impeachment is a skill honed by good students during the Obasanjo era. The irritating interventions in state affairs, which was not limited to impeachment, compelled Professor Ben Nwabueze SAN to publish two interesting books: “How Obasajo Subverted the Rule of Law and Democracy” and “How President Obasanjo Subverted Nigeria’s Federal System”. Since many good students of those years are still around today to offer their services, we expect more impeachments and of course, more court cases challenging them.

    • Emeka, Principal Counsel at Auxano Law Consult, writes from Lagos.

     

     

  • ‘Why we need animal registration law in Lagos’

    The Lagos State Government has been called upon to institute a compulsory pet registration programme, complete with animal identification tagging and enforcement of Leash laws.

    The Nigerian Veterinary Medical Association (NVMA), Lagos State chapter made this call following the death of two people in the Meiran area of the state, allegedly from  rabid dog bites. The deceased were Master James Makwa Musa, a 14 -year-old JSS 1 pupil and Miss Aishat Opakunle , a 21-year old fresh holder of an Ordinary National Diploma (OND).

    The association also warned quacks to desist from handling of veterinary biological, especially pet vaccines, such as anti-rabies vaccines and DHLPP vaccines.

    Chairman, Dr Alao Mobolaji, said his association condemned the development, describing it as quite unfortunate, “the loss of these two budding Nigerians is sad, unfortunate and needless because the disease, rabid is highly preventable by simple immunisation. Rabies is a preventable disease and has been completely eradicated from some parts of the world, such as in Austria, United Kingdom, Spain, Greece and Malta.”

    Giving an insight to how the death  occurred, Dr Alao said: “Both reside at No 114, Road 1A, Mologede Estate, Meiran. The victims were reported to have been bitten on  July 11, this year by a dog named, ‘Jerry’, a mongrel, allegedly belonging to one Mr Ogundiran of A115, Road 1A, Mologede Estate, Meiran, Lagos. Miss Opakunle died on Friday, August 8; while Master Musa died after a brief battle for his life.”

    He said both of them showed the vital signs of rabies in human, “Signs include fever, delirium, abnormal behaviour, numbness and loss of muscle function, drooling of saliva, hallucination, restlessness, swallowing difficulty and hydrophobia (fear of water). The suspect dog, ‘Jerry’, died five days after biting these two young people.”

    The association wants the state government to arrest and prosecute the owner of the rabid dog that led to the deaths of the two young Nigerians.

    Already, the NVMA State chapter is planning to dedicate this year’s World Rabies Day, by immunisation of unimmunised dogs in Meiran area of the state, to commemorate the memories of the two deceased, on 28th of next month; still the chapter wants further actions from the state government.

    The treasurer, Dr Omotayo Ajala said in the interim the government should, “remove all stray dogs in the Meiran area of Alimosho Local Government Area with immediate effect and screened for any possibility of rabies infection; all dogs owners the area should vaccinate their pets and present an up to and vaccination certificate of their pets from a qualified veterinary surgeon.”

  • How law can boost entrepreneurship

    How law can boost entrepreneurship

    This book, titled: “Law, Entrepreneurship and Corporate Social Responsibility” is a collation of articles written in honour of the late Mama Angelina Azinge, a matriarch whose entrepreneurial skills and social responsibilities, improved positively, her community, her family and the lives around her.

    This 294-page book, with 12 articles penned  by scholars in their fields – gives an in-depth understanding in these areas. The preface offers a feel of the book whilst describing Mama, thus givingus an insight on her life as an entrepreneur. The title of the book is suggestive of the contents, eight articles are devoted to Law and Entrepreneurship and three articles are devoted to corporate social responsibility, one article is devoted to banking.

    Pardon me, as you’d continually hear the words ‘entrepreneur’ throughout this review, I have been restricted from using the synonym, ‘mogul’ ‘business woman’ ‘’tycoon’ or ‘industrialist’ as the scholars in this book, draw a clear difference.

    Prof Ekiri(Article is titled) Entrepreneurship Development In Higher Institutions: Charting The Path For Successful Achievement in Nigerian universities. 

    In this paper, Prof Ekiri proposes that, “Entrepreneurship is an obstacle remover”

    He discussed the current situation in Nigeria where over half of the population live below poverty line, with increased mono-product graduates churned out every year without a suitable job market to absolve the demand. He recognises laudable steps taken by the government to address this issue.

    At this juncture, Prof Ekiri deemed it fit to define an entrepreneur. He describes an entrepreneur as aninnovative person who initiates a desirable product or service and builds an organisation to exploit the product or service. He goes on to differentiate this concept from a micro small medium enterprise (MSMEs) which is mainly a hands on business owned and managed by an owner who isn’t a dominant player in the market. In making this distinction he states that an entrepreneur looks for previously undetected needs and exploits same. Whilst theoretically correct, this is devoid of practicality in a market where there is competition.

    I can say for certain that my grandmother falls within his definition of an entrepreneur as with limited academic prowess, she identified a business opportunity, developed a concept and implemented same during the civil war. The product of her bakery dominated the bread market on both sides of the river Niger.

    Prof Ekiri emphasises the need for skill acquisition from the university level. He makes recommendations on steps universities can take to ensure excellence in entrepreneurship development in Nigeria. Thus altering the statistics of unemployed graduates He characterises the vision component and notes the possible sources of funding for the centre. Prof Ekiri typifies the Univerisity of Benin as a model for other universities to emulate whilst taking their peculiarities into account.

    The next article written by Osarumwense Iguisi is titled: Subgroup cultures for small business development and poverty alleviation in Africa.

    This paper establishes a significant relationship between sub group (ethnic/tribal/family) cultures and small business development and poverty in Africa.

    He accentuates the importance of cultural values as central elements of small business and entrepreneurship development. This is because the presence of economic, political and technological factors will not necessarily produce the desired result particularly if some cultural factors were to remain a barrier to entrepreneurship. For instance if Mama went into the business of “Ogbono”, a taboo in Asaba, the success rate would have been dampened not by the absence of finance or prospects, but by culture.

    He stresses that addressing culture can solve the problem of unemployment and poverty. The result of ignoring this is failure. I found this paper intellectually stimulating, prompting further research in this area, I’m certain you will too.

    Nkechi Quintine Amintor wrote onEntrepreneurships: Embracing Standards, Innovation, Equality and Diversity Tenets in the 21st Century.

    Quite contrary to the previous article, this paper examines modern day entrepreneurship and the need for entrepreneurs to embrace international standards in their activities. It looks at the standards currently in place and the regulatory agencies that support and supervise entrepreneurship. However, it also deliberates on issues that are not naturally considered in this field, some of which are: equality and diversity, inclusiveness, age bias, gender, religion, disability, maternity leave etc.

    This paper rightly notes the shortcomings in these areas and makes laudable recommendations, urging for improved awareness to boost participation in entrepreneurship.

    A review of this article and the previous article makes it clear that whilst adopting international standards, the peculiarities of countries, ethic groups and customs should be taken into consideration

    The next writer,Vivian Madu scripted on; Entrepreneurship: Reconceptualising the Concept of Value.This writer recognises the current state of value in Nigeria, on this basis, she states that for there to be any reasonable economic growth, the idea of business value has to be reconceptualised. This must be done by the government and entrepreneurs alike. She states quite briefly that improved branding and packaging, strategic placement and location, marketing research and social investment are steps towards reconceptualising value. Her paper is not blinded by the fact that changes in technology, consumer preferences, competition and localised social and economic conditions can limit the evolution process. For this reason, the right bodies have to be strategically placed so as to ensure that the post investment legacy is positive.

    In light of this, it is pertinent to state that the opportunity has never been better for private sector organisations to actively engage in this form of investment.

    LuperLorpez wrote on: The Effect of Small and Medium Scale Enterprises Financing On Socio-Economic Development Of Nigeria.

    This paper examines the impact of SME’s financing on socio-economic development in Nigeria The writer presents a balanced view on small and medium scale enterprises and their vital role in the process of industrialisation, economic growth and sustainable development in any economy. He takes the practical stand that the extent of benefits a society or nation would gain from small business enterprises will largely depend on its level of financing. He recognises the established options by which business owners can raise funds: both formally and informally. Regrettably however, the formal sector, especially banks are banks are usually skeptical to lend in the face of poor collateral.

    This study is significant, as it will help the providers of SMEs finance, the government and stakeholders to trace SME funds and ensure that they attract the desired result.

    The next article, Informal Institutions As Drivers In Entrepreneurial Activityis written by Esther Ekong.

    The writer investigates the impact of informal institutions on entrepreneurial activities and development outcomes. Her thesis is similar to the preposition by article penned down by IGUISI, she states that for democratic and market institutions to function effectively, they must co-exist with certain pre-modern cultural principles. She finds that the law and contract are necessary but not sufficient as pre-requisites for the stability and welfare of post-industrial societies. They must be supported by motions such as ‘reciprocity principle, mutual bonds, and trust, which are based on traditions and customs and not on calculations’

    She presents a well-balanced paper, which also discusses the downside to dealing with informal institutions, as they can sometimes prove detrimental to development.

    She makes brilliant recommendations, which are interesting and informative. I highly endorse a thorough read by everyone here.

    Gary KelechiAmadi wrote on Encouraging Entrepreneurship In Nigeria: Lessons For Government Policies.  

    His paper discusses the futility in attempts made by the governments in encouraging entrepreneurial activities in Nigeria. He provides recommendations, amongst which are; improved use of microfinance banks to empower entrepreneurs, provision of resources through alternative means, legislation to facilitate loan grants to ensure low interest rates, supportive policies to ensure land allocation, imports and exports amongst others. Most importantly, he states that these policies and legislation must be implemented and enforced.

    On this premise, he advocates for the government to provide an enabling environment in the form of efficient and available basic infrastructural facilities.

    Jointly, Anita Nwabuzor and EmekaNwabuzorwrote on: ‘Managing Human Resources: Perspectives for the entrepreneur’

    This paper asserts that, ‘whatever the industry, people are a company’s greatest asset’.

    His thesis states that an entrepreneur’s competitive advantage lies in his ability to develop human resource management practices aligned with his business strategy thus improving his profit margin.

    He gives a fine analysis the five theories of human resources. He stresses the advantages of entrepreneurship for human development. Most importantly, he addresses the challenges entrepreneurs face and makes adequate recommendations.

    The next three articles are on corporate social responsibility. These papers are done in recognition of my grandmother’s philanthropic work, which focused on the less privileged.

    Olusegun Victor Adesanya wrote on: Concept And Evolution Of Corporate Social Responsibility.

    This paper traces the concept of CSR from the period of the great depression till present. It notes that CSR was once focused on environmental issues but has grown to encompass sustainable development and human rights issues amongst others, to the extent that it has dragged into virtually every field of human endeavours. It remains ever expanding.

    Nkechi Azinge’s paper titled: Corporate Social Responsibility In Nigeria: Skepticismsand Prospectshighlights the fact that there has been a move from the ideology that corporations work in the interest of shareholders to the realisation that stakeholder value is supreme in any corporation. This article analysed the various perspectives from which CSR is defined while recognising that there is yet to be a globally acceptable definition. It discusses the history of CSR in Nigeria with emphasis on the Niger Delta crisis – a strong basis for CSR in Nigeria. The motivations for CSR in Nigeria are also analysed. This chapter then goes on to examine the skepticism of CSR in Nigeria, it notes that there is a general perception that CSR is a façade and profit remains the driving force for corporations. Despite these drawbacks, this chapter recognises that there are prospects for CSR in Nigeria, which can be effected not necessarily by hard law but by contract.

    KaluAnele penned down an interesting article titled: Corporate Social Responsibility As A Tool For Curbing Maritime Insecurity in Nigeria.

    This writer emphasised that maritime insecurity is a clog in the wheel of progress in Nigeria’s economic and socio-political development. Thus, he highlights the need to nip this in the bud.  To achieve this, he advocates for infrastructural improvement in the oil producing regions thus protecting the environment from degradation, improved CSR by international oil companies – and increased entrepreneurial activities of the youth.

     

     

     

  • Section on Business Law Sessions today

    The  Minister of  Labour and Productivity , Chief Emeka Wogu and the Chairman, National Population Commission (NPC),  Eze Duruihuoma (SAN),  will today at the International Conference Centre, Owerri, venue of the ongoing Annual General Conference of the Nigerian Bar Association (NBA),  chair the break out sessions  of  the  NBA  Section on Business Law (SBL).

    A statement from the Chairman of SBL, Mr. Gbenga Oyebode reads in part: “This year, we will look at the topic: ‘The  contributory pension scheme as a catalyst for economic development in Nigeria’, which is in line with the theme of  NBA Conference this year “Nigeria, 100 years after”.

    The Director-General, National Pension Commission, Mrs. Chinelo Anohu-Amazu, will be the lead Speaker in the first session under the chairmanship of Mr. Wogu. Discussants at this session are: Mr. Kehinde Aina, Mr. Nick Opara-Ndudu, Mr. Misbahu Yola, Mr. M. S. Muhammad and  Mr. Bayo Yusuf.

    The second session will focus on “ Providing affordable housing in Nigeria: Bridging the funding gap” under the chairmanship of Mr. Duruihuoma (SAN)

    President, Pison Housing Company  and Managing Director, Federal Housing Authority Mortgage Bank, Mr.  Roland Igbinoba will lead discussion in this session while Mr. Ken Njemanze (SAN), Dame Aleruchi Cookey-Gam, Mr. Iheukwumere Alaribe and Mr. Joseph Jibunoh will lead discussions in this session.

    The Annual General  meeting (AGM) and election of members of 2014-2016 Council of the Section will follow immediately.

  • ‘Make law to enforce building code’

    ‘Make law to enforce building code’

    The Nigeria Institute of Building (NIOB) has urged the Federal Government to promulgate a law that will enforce the national building code.

    NIOB also advised construction professionals to collaborate with their related professionals outside the country to internationalise construction and output.

    In a communiqué at the end of its 44th annual general meeting (AGM) in Ilorin, the Kwara State capital, the institute said: “There should also be collaboration in research and development (R and D) activities among the academia in the building profession at home and abroad.”

    The communiqué, by NIOB Publicity Secretary, Danjuma Abalaka, added: “Avenues should be created by the professional and regulatory bodies for experienced professional women builders in the industry to mentor the younger ones; employment of more female builders in the ministries, higher institutions and agencies; patronage of professional women builders via contract awards as contractors and consultants by the government and professional bodies and academic institutions should encourage and organise more seminars and workshops to educate members on the necessity and benefits of innovations/innovative practices as well as to foster unity among the professionals in the building industry.

    “Green construction and energy efficiency practices as well as training should be introduced so as to sustain the environment; Professionals in the building industry should put social, environmental and economic sustainability of every project ahead of financial gains, power and compassion and the formation of consortium of experts in the building industry to encourage and improve construction project delivery.”

  • BATN promises to obey anti-tobacco law

    BATN promises to obey anti-tobacco law

    British American Tobacco Nigeria (BATN) Limited has restated its commitment to the successful implementation of the Lagos State Public Place Smoking Law, which came into effect on August 17. The company said that it would continue to support key stakeholders in the country to drive a fully compliant and well regulated tobacco sector in a transparent and responsible manner.

    The statement came against the backdrop of a reaction to BATN’s recent sensitisation of officers of the Lagos State Police Command on the Lagos State Public Place Smoking Law.

    The company stated that it was surprised that a Lagos-based NGO would fault the sensitisation of enforcement agents on the recently passed Lagos Public Smoking law. Freddy Messanvi, Area Director, Corporate and Regulatory Affairs, BAT West Africa, said that the company believes that this was a task which such NGOs should spearhead.

    Messanvi stated that help is needed from NGOs and other stakeholders to enhance understanding and appreciation of the law, and not a time to engage in industry de-normalisation tactics. Other issues requiring the urgent attention of all stakeholders include stemming the increasing tide of illegal trade within the sector and using the funding that the NGOs get from their international partners to build the capacity of agencies who work on tobacco control to ensure that there is compliance with stated laws and regulations.

    He said that engagement with stakeholders such as the recent sensitisation event of officers of the Nigeria Police in Lagos was held in accordance with the World Health Organisation’s Framework Convention on Tobacco Control, FCTC, Article 5.3. The sensitisation of the police was done in public and the engagement was transparently conducted.

     

     

  • Ondo to make cremation law

    Ondo to make cremation law

    The Ondo State Government hinted yesterday it will enact a cremation law to deal with bodies brought to the state without certificates.

    Governor Olusegun Mimiko spoke at the inauguration of the Ondo Central Missionary Diocese of the African Church Nigeria and Overseas at the Ebenezer African Church Cathedral, Akure, the state capital.

    Mimiko’s statement came as the Primate, Rev. Emmanuel Josiah Udofia, ordered that body contacts be avoided in the churches.

    Udofia, who inaugurated the missionary diocese, explained that although God could heal all diseases and protect His people, humans should not take unnecessary risks.

  • Ini Edo, Desmond Elliot admitted for Law at NOUN

    Ini Edo, Desmond Elliot admitted for Law at NOUN

    Nollywood stars Ini Edo and Desmond Elliot were among scores of students matriculated, at the weekend, for various degree programmes at the National Open University, NOUN.

    According to reports, the two actors were offered admission to study Law on scholarship by the university.

    The excited actress immediately shared the good news with her fans on her Twitter page: “I feel like some 12 years ago. @desmondelliot, we are doing this for real #openuniversi-ty#lawstudent#educationist-hekeytosuccess# if we can do it, you can do it; it is never too late.”

    Ini Edo, who first obtained a diploma in Theatre Arts from the University of Uyo, also bagged a degree in English from the University of Calabar.

    Since she joined the nation’s movie industry, otherwise called Nollywood, in 2000, she has appeared in a number of award-winning flicks.

    Ini Edo, who is also a producer, is recognised for her charity, as she has reportedly donated sundry items to orphanages at different times in the past years.

    It was the same feeling of joy for Desmond Elliot, also a notable movie director, on the occasion. For some time, the rumour making the rounds is that the handsome actor is eyeing politics.  Although he has not denied the reports, he doesn’t seem to be interested in calling it quits with acting.

    However, since the news of their admission into NOUN broke, not a few have expressed doubt about the likelihood of the two Nollywood stars completing their programme, given the engaging nature of their calling: acting.

    A group of commentators also faulted the authorities of the institution for offering the actors admission on scholarship, adding that “it amounts to cheapening the admission process at the expense of others  who are genuinely seeking higher education”.