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  • Cross-border trade in legal services: current realities and future possibilities

    Text of a paper presented by the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Dayo Apata (SAN) at  the just-concluded Annual General Conference of Nigeria Bar Association (NBA) in Lagos.

    The global topic of this session is “Trade in Legal Services: Current Realities and Future Possibilities”. The subject of discuss covers various areas, hence the need to particularize on the legal/regulatory challenges of the topic.

    Indeed, the cardinal area of focus borders on the legal services delivery in the 21st century vis-à-vis globalization and its consequential effects on cross-border legal services, and the regulatory mechanisms required to checkmate the practice.

    The basic question is: How can law and legal regulations catch up with technological innovations?

    What is the position of Nigeria with respect to cross-border trading, and whether there are adequate regulatory legal frameworks.

    Other important issues are cross-border trading in legal services and its enormous effect on the world market, the importance of digital legal services as facilitated by the advancement in technology that is readily accessible through one or few clicks on a simple digital device, such as a smart phone, iPad etc.

    Another issue is the effect of African Continental Free Trade Agreement (AfCFTA) which Nigerian State has signed (but yet to be domesticated by the National Assembly), on the trade in legal services as it affects the Nigerian economy.

    What is trade in legal services?

    This is the commercial exchange both in domestic and international market, of legal services to clients for a remuneration which can occur anywhere.

    It is also the act of rendering skilled legal services to a client within a particular jurisdiction or beyond, for certain fees.

    Cross-border trade in legal services

    Trade in services between States and citizens across borders is not uncommon. However, with the introduction of digital trading, it has changed the nature and operation of trade in services by reducing the relevance of traditional at-the-border barriers to trade, like tariffs and licenses.

    In view of this, there is need for regulatory mechanisms and domestic policy regulating trade in digital legal services in Nigeria.

    We shall see later if the signing of the African Continental Free Trade Agreement (AfCFTA), by Nigeria will help in this quest.

    Emerging formations and need for collaboration in trade in legal services.

    Due to the emerging trends on trade in legal services and how it is currently rendered, there is need for us to collaborate with our foreign counterparts.

    This can be realised through agreements between States in the form of General Agreement on Trade in Services (GATS), which will foster such economic growth.

    The World Trade Organization, in collaboration with the IBA have contributed to the growth of the trade in legal services; also the IBA has published guidance on the operation of such trade globally.

    In view of the already existing collaboration in rendering these services, the unknown outcome of the application of regulating mechanism is still an issue.

    Modes of supply of legal services

    The General Agreement on Trade in Services (GATS) covers virtually every aspect of services trade and various modes of supply of services which are:

    • Cross-border supply (Mode 1) – Trade that takes place from the territory of one Member into that of another without movement of the service provider. • Consumption abroad (Mode 2) – Services consumed or purchased by nationals of a Member in the territory of another Member where these services are supplied.
    • Commercial presence (Mode 3) – Any type of business or professional establishment, including branches and representative offices.
    • Movement of a natural person (Mode 4) – Temporary presence of natural persons in a market for the purpose of supplying services.

    Current realities in trade in legal services in Nigeria

    Currently, the Legal Practitioners Act is the chief legislation that provides the requirement for licensing a person (whether foreign or not) as a barrister and solicitor of the Supreme Court of Nigeria.

    It provides that such a person (both Nigerians and foreigners) must be called to the bar to be able to practice as a barrister and solicitor in Nigeria.

    The only exception to the above is provided by section 2(2) of the LPA, which empowers the Chief Justice of Nigeria to grant a person warrant for purposes of specified proceedings and appeal brought under such proceedings.

    The import of the above is to the effect that only persons whose names are on the roll can lawfully engage in activities of legal practice in Nigeria.

    Future challenges

    Importantly, rigid provision canvassed above on the eligibility of a person to practice as a legal practitioner in Nigeria does not only stand as a current challenge to us all but will continue even in the future if nothing is done to amend and regulate it.

    Other countries have moved away from this rigid approach. Investors are not persuaded to invest in such rigid legal regimes and there is need for us to liberalize our procedure for grant of license and then regulate the digital services offered across borders.

    Other challenges includes: jurisdictional problem of determining where the services was rendered and the absence of specialized courts to address the issue.

    Regulatory policies and mechanisms: The enactment of the Cybercrimes Act in 2015 for regulation of electronic transactions

    It is expected, that the statutory provisions as contained in the Cybercrimes Act, shall limit the incidences of identity/qualification/ license falsifications and fraudulent issuance of electronic legal services.

    Review of the Nigerian legal regime

    The promulgation of the new Evidence Act, 2011 has brought in substantial improvements in aid to digital trade in legal services. See Sections 84 and 93 of the New Evidence Act which provide for the admissibility of computer- generated documents, the recognition of electronic signature and waiver of its proof by means of writing on a tangible medium.

    However, with respect to the above, some cybercrimes are not defined under our laws, e.g. scamming, cybersquatting, cyber-attack, PIN theft, hacking, phishing etc., and hence are not punishable by virtue of section 36 (12) of the 1999 Constitution as amended.

    In addition, there are no specialized courts or establishments saddled with the responsibility of regulating and treatment of issues arising from trade in digital legal services.

    Regulatory structure and relevant trade liberalizations (domestic policy change)

    In view of the fact that trade in legal services belongs to the group of “accredited” professional services, caution should be adhered to in its liberalization; thereby reserving certain areas of practice.

    Services rendered and mode of remuneration must be in line with the laid down laws of the host country so as not to contravene an existing code of conduct.

    General Agreement on Trade in Services (GATS) encourages members to ensure that their regulations are administered in a reasonable, objective and impartial manner.

    Qualifications and licensing requirements and technical standards must be based on objective and transparent criteria, and not more burdensome than necessary to ensure the quality of the service.

    Suggested steps to address the Regulatory Issues – Nigerian Perspective

    Identify the regulatory challenges and gaps;

    Develop regulatory outline that addresses the issues and challenges raised;

    Propagate policy framework to attract investors and foreign lawyers;

    Develop ‘best practices’ to build local capacity. It is also recommended that a committee is set up to address the following. i. reduce obstacles to liberalized legal services; ii. reduce adverse effects of a liberalized legal services; iii. provide for equal playing field; and vi. Promote the capacity of Nigerian Law Firms for the new regime.

    The legal effect of African Continental Free Trade Agreement (AfCFTA) to the trade in legal services in Nigeria.

    The crux of AfCFTA is the reduction of trade barriers such as removing import duties and non-tariff barriers.

    The domestication of AfCFTA in the near future will cover a market of about 1.2 billion people and a GDP of $2.5 trillion, across all 55 member states of the African Union.

    In light of the above proposal for the domestication of AfCFTA, there will be an urgent need to amend the Legal Practitioners’ Act and the Rules of Professional Conduct, so that the aims and objective of this treaty with respect to trade in legal services will be achieved.

    Digital trade in legal services and its challenges in regulation

    Digital trade is the cross-border transfer of data, products, or services by electronic means, usually the internet- Nigel Cory, Associate Director for Trade policy at the Information Technology and Innovation Foundation (ITIF).

    This emerging legal trend obviously changes the pattern of global commerce, and in many ways, reduces the relevance of traditional at-the-border barriers to trade, like tariffs and licenses.

    Consequently, with the above innovation there is need to regulate such digital trade in legal services by legislation so as to checkmate anticipatory crimes and to maintain orderliness in the legal profession.

    Also, to be able to regulate digital trade, there is need to understand with the aid of internet and other web/media facilities, how innovational technological legal services can be rendered across several borders and regions at the same time.

    There is therefore the need for a holistic approach by all the regional Bars and Law Societies to decisively regulate the practice of Digital Trade in Legal Services globally.

    With this, the problems of where such digital legal services originated, who rendered same (whether a licensed/authorized legal practitioner or an automated machine), whether there was a cross-border rendering of such digital legal services and what are the regulatory obligations to be met before rendering such services can decisively be dealt with.

    A major challenge of regulating digital trade in legal services is the likely rise in volume of e-commercial litigation arising out of contractual disputes.

    Also, the lack of a specialized statutory regime governing cyber-related contractual agreements, remains a key obstacle.

    Conclusion

    In light of all that has been discussed above, we recommend the following:

    • Need to constantly sensitize lawyers in Nigeria to the inevitability of the globalization of legal services and encourage them to adopt a positive attitude and take benefit of the trend.
    • Amendment of the Legal Practitioners’ Act (LPA) in order to adopt some modes of supply of legal services; • The rules of Professional conduct should be streamlined in order to encourage cross-border collaboration amongst law firms; •. There is urgent need to foster cross-border liberalization in creating free market; v. Immediate domestication of the African Continental Free Trade Agreement (AfCFTA) by the National Assembly; • The NBA should propagate effective collaboration between itself and other regional bar associations in order to create a global regulatory framework;  • NBA should collaborate with the IBA in organizing innovative courses on Trade in Legal Services/ Digital Trade in Legal Service for lawyers; • Vii. NBA should set up a Committee charged with the sole responsibility of creating a legal frame work in regulating cross border digital trade in legal services, in order to address the issues comprehensively;
    • Nigerian lawyers should endeavor to take courses in International Trade Law/Trade in Legal Service as part of post-graduate specialization so as to improve on the quality of digital legal services offered to the prospective clients.

    In light of the above, it is imperative to note that these recommendations are necessities of our present legal practice, hence the need for us to act together towards the actualization of the above goals.

  • Repositioning Maritime Academy for greater efficiency

    The Maritime Academy of Nigeria, Oron, Akwa Ibom State was established in 1979 to train shipboard officers, ratings and shore-based management personnel. After initial high performance, the Academy slumped into decadence. However, the tide is changing, reports MUYIWA LUCAS

    Ismail Aniemu, a maritime stakeholder of over 18 years, expressed surprise when he entered the Maritime Academy of Nigeria (MAN), Oron, Akwa Ibom State last week.

    His last visit was six months ago.  Since then, things have changed in the institution.

    Aniemu, the publisher of Journalngonline.com, a publication with bias for maritime industry, said: “I cannot believe what I am seeing. I hope I have not missed my way.”

    Indeed, the story of MAN, Oron elicits much more reaction given its sorry state until three years ago. For instance, in May 2009 the academy was criticised by the Director of Lagos Channel Management. He said the  Nigerian Maritime Administration and Safety Agency (NIMASA) had found that the academy did not meet international standards.

    He listed the challenges to include lack of teaching facilities to handle the number of students, and unavailability of seafaring vessels on which students could complete their mandatory one-year sea term. Students seeking proper training had to attend the Regional Maritime University in Accra, Ghana. Captain Thomas Kemewerighe, a graduate of the academy, said Nigeria does not have people qualified to provide proper training. He said most of the graduates ended up as “okada riders”.

    Same year, the government announced that a project launched by the Federal Ministry of Transport, the Nigerian Seafarers Development Programme, would send a first batch of 27 students to the Academy of Maritime Education and Training in India to study for a Bachelor in Science and Bachelor in Engineering  in marine-related subjects. Sadly, MAN Oron was not considered for this programme by the Indian institution.

    In August 2009, three human rights groups petitioned President Umaru Musa Yar’Adua to investigate alleged cases of corruption and financial malpractices at the academy. They claimed that 43 students had died in avoidable circumstances in the past year.

    Determined to abate this scourge of disappointments and place the institution in the right stead, the government, after a thorough study  by an  Interim Management Committee (IMC) in 2017 of the Academy, came up with recommendations aimed at  restructuring and repositioning of the institution.  Subsequently, Commodore Emmanuel Effedua (retd) was appointed Rector of the institution.

    “The IMC, in its report, said the bane of the Academy, among others, was its poor academic environment, numerous abandoned projects and poor application of resources that they got from the Nigerian Maritime Administration and Safety Agency (NIMASA). So, to get what we are looking for, we have to reverse those three identified anomalies. We have been able to complete those projects that have been abandoned. Now, I am correct on the appointment of Commodore Effedua as Rector of this school whose work has shown that his appointment is was done in the best interest of Nigerians,”  Minister of Transport, Rotimi Amaechi, said on May 6, this year, when he visited the school.

    Read Also: Maritime Academy: Promoting girl child education

    He added that his decision to visit the institution was motivated by the rapid transformation that the new Management has brought to the 41-year-old institution.

     The changing fortune

    In the 18 months that Effedua has been in control, stakeholders agreed that he had impacted significantly on the institution beyond what successive administrations achieved in the last three decades. For instance, before now, the academy had suffered fallen academic standards with competent lecturers seeking jobs with oil firms and other government agencies.

    Now, efforts are said to be in top gear to increase the academy’s training curriculum in line with the Manilla Convention (Standards of Training, Certification and Watch-keeping, STCW). There was also the issue of bloated cadet’s enrolment that stretched the training manpower and facilities beyond their limits. This led to infrastructural decay with little or no attention paid to maintenance.

    Deplorable hostel facilities with crowded rooms not good for students’ habitation formed part of the inherited challenges begging for intervention. As many as 18 students stayed in rooms meant for four. Today, hostels and better accommodation are ready for students to occupy, following Amaechi’s order for improved hostel habitation of two students per room, starting from 2020.

    Indeed, a great deal of infrastruc-tural improvement, human capital overhaul, improved teaching and learning backed with technological aids and unprecedented degree of discipline now pervades the institution.

    As part of the drive to address infrastructural challenges and provide conducive accommodation for cadets and staff, the academy under this dispensation, has completed and inaugurated several abandoned project. A nautical science building that was abandoned for close to  15 years at foundation level has been completed and ready for use. What looked like a makeshift library being used with outdated literatures has been rebuilt with up to date reading materials in addition to high quality free books given to cadets.

    A modern lecturers briefing room and state-of-the-art lecture theatres fitted with teaching and learning aids have been put in place. Transportation and power system within the academy have also been boosted. The academy acquired one unit of 650KVA generator and two units of 250 KVA generator. These are, in addition to solar lightings, provided to illuminate the academy at night.

    The future is now

    Though his feats were louder than his voice, Effedua, in a chat with reporters, seems not done as he reeled out more milestones to be attained soonest in the four decades old institution.

    At a briefing, Effedua expressed readiness to produce ICT savvy, studious and up to standard graduates to meet industry and international standards. This is why cadets intake was reduced from 1, 800 to 256 for the 2018/19 academic session. Now, cadets are enjoying free mandatory courses with new Onboard Seatime training for National Diploma cadets.

    Also, under this dispensation, cadets are insured and nautical science students are being enrolled as members of Nautical Institute, United Kingdom while marine engineering students are also members of Institute of Marine Engineering, Science and Technology (IMAREST), UK.

    The enrolment is a further boost to their professional certification. On his watch, the academy went through some major reforms including financial audit, restructuring of departments and directorates, establishment of Directorate of Logistics, creation of course rules for lecturers and introduction of additional short courses.

    Other reforms include checking incidence of fake certificates with printing of new ones carrying security features thereby making them difficult to forge, improved capacity building agenda for staff and outsourcing cadets feeding to more qualified and competent catering outfits to achieve nutrition and hygiene.

    Improved funding

    Effedua added that the academy’s funding has improved in his administration. He described funds released from NIMASA as very commendable under its Director-General, Dr. Dakuku Peterside. In line with subsection 2B under Section 16 of the NIMASA Act, not less than five percent of collections made by agency is to be set aside for the academy as part of its statutory funding.

    According to him, paperwork sometimes delay release of the funds and the academy ends up not getting four-quarter collections  as expected yearly. This process has enabled the academy to January and September 2019, trained over 3000 students from International Oil Companies (IOCs), including Mobil. Such trainings given to IOC’s, has greatly improved MAN’s internally generated revenue (IGR).

    “We need more funding but we are not broke. We have saved money from our IGR with which we want to buy more simulators without any form of external financial support,” he said.

     Blocking leakages

    One early detection for the administration was the composition of its workforce. Eighty per cent of staff were from the host community contrary to Federal Character principle. Although Effedua said there were no intensions to sack them, the administration shall continue to recruit from other parts of the country to achieve some balance in future.

    As part of bringing solutions to chains of its problems, Effedua said: “I met a huge debt profile, which I inherited from a regime that had so much funds and I wondered why they didn’t pay. I have paid over 80 per cent of genuine claims brought  to me. I plugged revenue leakages by avoiding payment of suspected fraudulent claims, which after referring such claims to the Economic and Financial Crimes Commission (EFCC), some of those making the claims never showed up again. In the past, funds were not properly channelled for Corporate Social Responsibility (CSR). It ended in private pockets and I came, determined to stop this. We don’t give money to individuals.’’

    CSR

    He explained that the institution has provided computers to the Oron-based Methodist Secondary School. What we did for them is standard and you may not see it in any university around. “This year, we bought 100 Joint Admission and Matriculation Boards(JAMB) forms for indigent students. We are going to buy for 200 students next year. The local hospital requests for 50 litres of diesel from pregnant women coming for delivery,” he further said.

    Challenges

    But much as the CSR is beneficial to the community, yet there are challenges from the community. “A group of trouble makers brought a casket to our gate as part of protests. They also fell big trees to block the access road into the community. In the face of this harassment, we were determined to do our work. Oron people are peaceful and accommodating only a few of them gave us challenge.

    The Rector summed up the feat so far achieved to the cooperation and support of his management team. He described them as wonderful and part of the academy’s success story.

  • 100 exhibitors for auto parts show

    One hundred exhibitors from Nigeria and other countries are expected to converge on the Landmark Centre, Victoria Island, Lagos for the West Africa Automotive Show (WAAS) in November.

    Besides displaying the latest developments and products in the spare parts and services sector, suppliers, dealers and manufacturers will be available to discuss best practice for the industry.

    Nigerian businesses, according to the organisers, BtoB Events, will account for about 30 per cent of exhibitors.

    There will be pavilions for Morocco and China, smaller groupings from Thailand, Egypt, Tunisia and India, and other countries.

    BtoB Events’ Managing Director Jamie Hill said: “We have a wealth of international exhibitors looking to bring high-tech equipment to Nigeria for the first time and a large number of local exhibitors are looking to expand their business and increase exports to surrounding countries,” he said.

    Lagos, Hill said, was picked to launch the show because it has capacity to become the automotive hub of the African continent with over 11.5 million vehicles on the roads.

    “With over 60 per cent of vehicles on the road being over 12 years old, there is a huge aftermarket industry. The need for high quality and affordable spare parts is becoming increasingly important,” he said, adding: “There is also a real hunger to boost the local assembly of vehicles across the country with the 2013 National Automotive Industry Development plan (NAIDP). With more assembly plants being set up, this, again, significantly increases the demand for spare parts. We are committed to supporting Nigeria to reach its forecast of having 70 per cent of new cars sold being assembled or manufactured domestically by 2050.”

  • Push for Nigerian flag carriers

    Since the liquidation of Nigeria Airways in 2004, attempts by the government to set up another national carrier, Nigeria Air, have been largely unsuccessful. Experts say aviation business, including airline ownership and management, is better left to the private sector. Is the idea of a national carrier going out of fashion? KELVIN OSA-OKUNBOR asks

    The Minister of Aviation’s pronouncement that  Nigeria Air remains a priority has triggered a huge debate in the sector on the necessity, or otherwise, of a national carrier.

    There is an agreement, however, by experts that Nigeria needs a functional carrier. The argument is whether it should be government- driven, or left in private hands.

    Nigeria Airways Limited, which operated for many years as a national carrier, failed to meet the expectations of Nigerians and was shut by government in 2004.

    Its experience in the 56 years of its existence showed that public ownership of airlines was no more fashionable. Nigeria Airways Limited was established in 1958 as a national carrier but liquidated  in 2004.

    In the last few decades, efforts by the government to achieve a national carrier after the collapse of Nigeria Airways Limited have not gathered any steam.

    Rather than dissipate energy on a national carrier, experts say the government should flow with the global trend of empowering private sector operators as flag carriers.

    The Federal Government approved N47.43 billion for the Nigeria Air project in the 2019 budget.

    Efforts by the government to partner with many organisations to deliver a national carrier since the dying days of the Nigeria Airways Limited have not yielded any positive result.

    From the failed Air Nigeria, which was to come out of Nigeria Airways to Nigerian Global Airlines promoted during the Olusegun Obasanjo-led administration to Nigerian Eagle Airlines and the latest Nigeria Air promoted by Minister of Aviation, Captain Hadi Sirika, none have been delivered.

    Given the huge capital flight by foreign carriers, can setting up a national carrier block such gap? Should the government go ahead with the project? This debate has engaged the attention of industry experts and stakeholders.

    Clamour for a national carrier

    President Muhammadu Buhari, on assumption of office on May 29, 2015, expressed concern over Nigeria’s lack of a national carrier .

    He said the establishment of such a carrier was not only justifiable by economic considerations, but for strategic national interest, national pride and job creation potential.

    The presidential interest was fueled by the unending challenges faced by domestic carriers after the N300 billion intervention fund did not yield positive results.

    Buhari said his administration would act quickly to redress the situation. He directed that the committee saddled with the task of setting up the national carrier to look into the causes of the failure of the Nigeria Airways and other private airlines before arriving at the model that will meet the aspirations of Nigerians.

    Last week, Minister of Aviation Captain Sirika said there was no going back on the project. He stated this when Transaction Advisers submitted the outcome of their research to the government. He said the national carrier was in the pipeline as the Transaction Advisers had concluded their baseline studies and were moving to the next level.

    Sirika said: “Every Nigerian is asking for the national carrier. That is why the project is on course.“

    It is against this background that some experts have called on the government to jettison the idea of a national carrier and embrace the model of private sector-led flag carriers obtainable in some countries across the globe.

    Some of them argued that the government as a regulator in the aviation sector had no business in setting up an airline, but should encourage private sector investors by creating a conducive environment for them to thrive.

    In an interview, Chairman of Airline Operators of Nigeria (AON) Captain Nogie Meggison said the government should have no business in setting up a national carrier, but empower existing private sector airlines as flag carriers.

    According to the leader of the umbrella body of indigenous carriers, the government should empower domestic carriers by reducing multiple aeronautical and airport charges to actualise the bilateral air services agreement it signed with many countries.

    What really is the difference between a national carrier and a flag carrier?

    Difference between national and flag carriers

    According to the experts, a national carrier is floated by the government as sole shareholder, to operate in the name of the government and represent the government in all aviation-related bilateral services agreements.

    But, a flag carrier is a privately- owned airline that, by agreement, is designated to represent a government and fly on behalf of the government, representing it on all bilateral-designated routes.

    Flag carriers

    Since the demise of the Nigeria Airways, many carriers, including Arik Air, Aero Contractors, Medview Airlines, Air Peace, Overland Airways and Dana Air have been playing the role of flag carriers, flying the country’s flag in many countries, where they are designated.

    Experts’ views

    A former Director of Human Resources at the defunct Virgin Nigeria, Victor Banjo, recently spared a thought for the proposed national carrier. He said the project lacked the requisite structure for success.

    He said the proposed national carrier would lack accountability, fairness, transparency and independence.

    He said: “From the outset, Nigeria Air was doomed to fail because the four pillars of corporate governance were missing. In terms of transparency, too much was shrouded in secrecy for a project a huge chunk of taxpayers’ money was to be committed, and time will tell if it will move from being premature to a stillborn.”

    But, Sabre Travel Solutions President, Gbenga Olowo, said the government should empower existing flag carriers, rather than dissipating energy and resources in setting a national carrier.

    To him, existing flag carriers should be supported through policies that enable them forge alliances as global players .

    His words: “This is easily achievable through economic policy of cooperation, collaborations, mergers and acquisitions; review of all existing Bilateral Air Services Agreement (BASA) through periodic schedules for equity and immediate reversal of all multiple entry points in Nigeria to single entry points.”

    On his part, African Aviation Services Limited Chief Executive Officer Nick Fadugba said though the idea of a national carrier was welcome, but for it to succeed, it would need a sound business plan, strategic industry partners, adequate funding, an experienced management team, well-trained staff, a fleet of modern aircraft, a comprehensive route network, on-time performance, good customer service and no government involvement.

    The Chairman, House of Representatives Committee on Aviation, Nnolim Nnaji, has said Nigeria needs strong flag carriers to enable it play on the continental sphere.

    Nnaji said the country had remained passive in the continental aviation market in recent years, despite its huge daily passenger traffic. However, to him, floating a fully government-owned airline might not be an alternative.

    According to him, the committee will work closely with the Federal Government to ensure that competent local airlines are supported to assume the status of flag carriers and operate internationally.

    An aviation analyst and member, Aviation Round Table, Olumide Ohunayo, said setting up a national carrier was not the best option, but empowerment of existing flag carriers to enable Nigeria actualise its over 75 bilateral air services agreements.

    He said: “We are on the verge of starting a new national carrier after many false starts, from Air Nigeria in 1993 to Nigeria Air in 2018. Twenty-six years, and we are still going round in circles. During this period, the best we got for our efforts was Virgin Nigeria, which within six years had all certifications and numerous offers for partnership.

    “We are toeing that line with the new national carrier project of acquiring five aircraft and flying to international destinations almost immediately without any base or foundation, just the government’s support without requisite funding.

    “If having a national carrier is felt to be a must, then the cost, risk and lessons from other airlines should be seriously considered.”

    More reactions

    Flag carriers said they could do more if they get the necessary support from the government . The support, they said, could come in the form of reducing multiple charges, improved air navigation infrastructure, establishment of aircraft maintenance facility and more involvement in international aero politics.

    On his part, Chairman of Air Peace Allen Onyema said: “However, we need more support from th government. We need to be protected from multiple taxation and the debilitating effects of poor airport infrastructure. We need the government to review the multiple designations given to foreign airlines operating into the country.

    “We need the government to appreciate the contributions of indigenous airlines. We have been exposed to unrelenting hostility. We need the government to help us play the international aero politics that have been working against Nigerian airlines for a long time. Countries protect their airlines against marauding foreign airlines. The local airlines provide jobs for the citizens of their countries hence, the immense protection they get. Recently, Airlines in America complained against the several frequencies given to the heavily-subsidised Gulf states’ airlines. The US Government responded with measures that deterred those Gulf airlines. The US Government needed to protect US jobs by protecting their indigenous airlines.

    “You do not need a national carrier to do the needful. You do not need a national carrier to protect your indigenous businesses. Why did the government want to establish a national airline in the first place?”

    Onyema continued: “Government was rightly worried that no Nigerian indigenous airline was doing well on the international scene. The government noticed a very serious imbalance in our BASA protocols and wanted to bridge it. So government went into it for a reason. Though there were genuine reasons for that plan to set up an airline, it was the belief of not only indigenous airlines but also the discerning aviation world that Nigeria should rather find out why its indigenous airlines have not been able to plug the hole. All we need is total support of our government and we will all get there. National carrier is no longer an idea the world over

    “America with its economic might and aviation prowess (manufacturers of world’s most popular planes) does not have a national carrier. They have flag carriers in Delta Airlines, United Airlines, American Airlines and a host of others flying the flag of America. Britain does not have a national carrier any longer. British Airways is no longer a national carrier since the 80s.

    “Nigeria Airways was a failed airline, it died just as other national carriers worldwide,” he said.

    How the government could assist flag carriers

    Legal luminary Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), a few years ago mooted the idea of a “Fly Nigeria Act” which prescribes that all government officials flying on its bill must patronise Nigerian flag carriers.

    He said that was one of the ways the government could retain huge funds taken out by foreign carriers in tickets sales.

    Agbakoba said other countries, including United States initiated the Fly America Act to support US carriers.

    Besides Agbakoba, other industry players, including former spokesman of  Nigeria Airways Limited, Mr Chris Aligbe, said such legislative instrument would empower indigenous flag carriers.

  • Hyundai unveils 45 EV Concept

    Hyundai has introduced an electric vehicle concept named 45 EV Concept at the International Motor Show (IAA) in Frankfurt.

    The vehicle signifies a new era of Hyundai’s automotive design, focused on electrification, autonomous technologies and intelligent design. The dramatic exterior of 45 excites the imagination, also drawing inspiration from the vehicle that first established Hyundai’s design DNA, the 1974 Pony Coupe Concept. The car’s name also owes itself in part to the 45-degree angles at the front and rear, forming a diamond-shaped silhouette that further foreshadows the design direction of future EV models.

    The concept strips away complexity, celebrating the clean lines and minimalistic structure of the original coupe concept. Combining heritage with vision, 45 incorporates the evolution of Hyundai’s ‘Sensuous Sportiness’ design language.

    According to Senior Vice President and the Head of Hyundai Design Centre, SangYup Lee, the 45 clearly reveals how Hyundai heads towards the future through heritage.

    Lee said: “Through the 45 built upon our design language ‘Sensuous Sportiness’, Hyundai wants to present our vision on how we want to reshape people’s in-car lifestyle in the era of electrification and autonomous driving.”

    The 45 reinterprets the concept’s distinctive lattice radiator grille with a ‘kinetic cube lamp’ design, while a fastback profile epitomises stability and dynamism, characteristics accentuated by the vehicle’s significant width and forward-oriented posture. The daylight opening (DLO) terminates in the fast angle of the C-pillar, which generates a feeling of dynamic forward motion even when standing still.

    Innovative technology is inherent in 45’s details. At the bottom of the door, active LED lights show drivers how much longer they have before needing to recharge, even before they get in the car. Some tech features may influence forthcoming Hyundai production models, emphasising Hyundai’s open architecture for the future, and leaving room to include self-driving system applications. These include a hidden Camera Monitoring System (CMS), while self-cleaning side cameras replace traditional wing mirrors, ensuring perfect visibility at all times.

    Reimagining the in-car experience, the interior becomes a unique living space capable of transforming to accommodate a range of passenger lifestyle demands. Inspired by furniture designs, the minimalist cabin is fitted with an inviting fusion of wood, fabric and leather, creating a warm atmosphere that is both relaxing and spacious. Lounge chair-style rear seats and front seats can rotate to face other passengers, and swivel as occupants open the door for convenient entry and exit.

    The batteries in the fully electric 45 are set throughout the car’s ‘skateboard floor,’ contributing to its spacious interior. Clean lines, ergonomic placement of controls and ‘high-end electronics’ feel for the interior fixtures further enhance the feeling of space while reinforcing the simplistic modernity of 45’s design. Front-seat passengers can interact with the infotainment system via a projection-beam interface, replacing a single central touchscreen with a series of displays and functions integrated into the dashboard itself. Clever storage ideas include door mounted device pockets to hold tablets or PCs.

    The 45 embodies Hyundai’s ‘Style Set Free’ strategy for future mobility that emphasises personalisation of design and function. It was the centrepiece of Hyundai’s Frankfurt display, which showcased various future innovations in vehicle technology and integration of lifestyle applications.

  • Addressing incessant fall of articulated trucks

    It is about time the Federal Roads Safety Corps (FRSC) addressed the issue of incessant fall of petroleum and containerised trucks, writes ADEYINKA ADERIBIGBE

    The fall, last Thursday, of a fuel tanker on the Otedola Bridge, Lagos, the second this year, and the attendant lock down of roads abutting the area, is the latest wake up call Federal Government agencies, especially the Federal Roads Safety Corps (FSRC), must take on the issue of safety compliance, particularly by truck drivers, to the front burner.

    The accident, which occurred  about 10am, caused a jam that locked down almost the greater parts of Mainland Lagos for the day. It lasted into the wee hours of Friday, with agony tales by road users.

    A motorist, Thomas Damilare, on Lagos Traffic Radio (LTR), lamented that he spent seven hours from his Victoria Island office to his Mowe, Ogun State home, instead of the usual one hour.

    Though no life was lost in the accident, the traffic snarl it caused was, for hundreds of people caught in it, enough nightmare.

    It was not the first time such would happen on that road, accidents are a regular feature, locking out motorists and commuters, especially those living along that corridor.

    Of all road users, it seems articulated vehicle drivers have almost become untouchables. They break the law and some of them drive with reckless abandon. Also, many of the trucks have long passed their service life and  have become a mere contraption and an accident waiting to happen.

    Take for example the container laden trailer that got stuck on the Iganmu Bridge last Thursday. The trailer exiting the port could not ascend the bridge. It blocked the road, causing a heavy traffic, until it was evacuated.

    June 27, last year, was a day many would not forget in a hurry in Lagos. Nine persons died and about 54 vehicles were lost to a massive fire from a petroleum tanker that exploded on the same Otedola Bridge.

    The FRSC said the recurrent falling of articulated vehicles, with the attendant killing of innocent citizens, was worrisome.

    The agency assured Nigerians that it was working to end the ugly trend.

    The Corps Public Education Officer, Mr Bisi Kazeem, said FRSC was concerned with the frequency and fatality from tanker crashes, especially when such involved spillage of fuel and resultant inferno.

    According to him, the FRSC has sustained tanker safety awareness campaign over the past few years.

    His words: “The majority of the tankers are old and rickety, requiring replacement. Secondy is that some of them operate without safety valves, coupled with the state of well-being of the drivers. All these drawbacks are addressed by the Corps campaign.”

    Kazeem said there were efforts to evolve a fleet renewal scheme, a public-private sector initiative between the government and relevant petroleum tankers unions, to create opportunities for the purchase of  new tankers to replace rickety ones.

    At a summit by the Office of the Secretary to the Government of the Federation, stakeholders, including the Corps, Petroleum Tanker Drivers (PTD) of the Nigeria Union Petroleum and Natural Gas (NUPENG) and Major Oil Marketers Association of Nigeria (MOMAN) agreed that the Federal Government must provide access to new fleet, if Nigeria must overcome the challenges besetting haulage.

    In the interim, the corps, in the last three years, had been deploying men to fuel depots and facilities across the country to ensure that tankers to load wet cargoes meet minimum safety standards before they are allowed to do so.

    The standards, according to Kazeem, are the possession of safety valves to prevent fuel spillage, if the tanker falls.

    “We are also working with the leadership of the tanker unions to ensure periodic training and retraining of tanker drivers, including issues of their health status and eye test,” he said.

    He added that the Safe-to-load Policy, introduced by the Corps Marshal, Dr. Boboye Oyeyemi, in 2017, was to ensure that there’s no spillage of any flammable products, thereby protecting the cargo for transloading and preventing carnage.

    Kazeem revealed that the corps was working with the Vehicle Inspection Office (VIO) to ensure that articulated vehicles were tested and given regular checks to remove unfit vehicles from the road.

    “This effort will help in taking expired and bad vehicles off our roads,” Kazeem said.

    At a the first inaugural lecture of the Lagos State University School of Transport Studies (LASU-SOT), Oyeyemi said he had to softpedal on enforcement of standards, especially of expired trucks because of their importance to the economy.

    Oyeyemi argued that had the Corps fully enforced the law, 70 per cent of articulated trucks on the roads would have been taken off because they have “expired engines”.

    A trailer head costs between N30 and N50 million.

    On the average, none of the articulated vehicles on the roads are below 30 years.

    To manage the trucks’ menace, the Corps has introduced measures such as the deployment of special patrol operations, mobile courts and others, to manage the situation until the economy is strong enough to grow that sub-sector.

    However, checks revealed that most tanker drivers lacked knowledge of basic safety tips and traffic regulations that could aid their movement on the road. Besides, many of them are too young. They struggle for space with smaller vehicles.

    Faced with this reality, the Corps said it has put in place aggressive  campaigns for drivers.

    At its last meeting with Dangote Group, the Corps advocated the establishment of more driving schools, especially for articulated vehicle drivers. Such schools, it argued, would go a long way in  teaching them modern driving techniques.

    Admittedly, FRSC has intensified its public enlightenment campaigns, training and retraining, seminars and workshops for drivers of articulated vehicles.

    “The Corps is highly committed to public enlightenment/education campaigns due to its impact on road traffic crash reduction on our roads,” Kazeem said.

    “In as much as the Corps is on its toes day and night to salvage the situation, it is important to say here that some articulated truck drivers also tend to be recalcitrant on the road, especially in areas where our men are not on patrol.The behavioural pattern of some of this difficult tanker drivers calls for concern and that is why the Corps is taking campaigns to their door steps to ensure that their orientation is changed,’’ he added.

  • Infinix Hot 8 unveiled

    A Smartphone brand in the emerging markets around the world, Infinix Mobile, has unveiled the Hot 8, the latest addition to its entertainment product line-up Hot.

    Speaking during the launch at the University of Lagos (UNILAG), Infinix Mobile Managing Director Benjamin Jiang said with a 5,000mAh battery, a 6.6-inch HD+ waterdrop display, a triple rear camera, and a DIRAC Sound & Party Mode as the key features, the device will allow consumers to enjoy a world of entertainment at their fingertips.

    He said: “The Infinix Hot series aims to empower young people with boundless entertainment experience fueled by transformative mobile technology. We observe the trends of online and offline entertainment in global emerging markets where technologies apply. We found that young people desire to connect and share their life with their communities in various ways, such as social networking, gaming, streaming, and partying.

    “The launch of Hot 8 is a great example of how Infinix spares no efforts in delivering on its promise. By integrating a bigger battery, a bigger display and other key features, we not only aim to satisfy consumers’ entertainment desires, but also inspire them to explore a world of creativity with one device at smaller cost.”

    He added that Hot is a mid-budget series phone designed for young people who are passionate about entertainment in the interconnected world. Inheriting Infinix’s brand spirit of providing the most cutting-edge technologies at affordable prices, Hot series has been committed to breaking the boundaries of combining the most relevant features in one device, letting customers amplify their entertainment experience in the digital space.

    He said the device comes with a 5,000mAh battery in a compact body that  enables four days of battery life with just three hours of charging through the 2A fast charge technology. Consumers will be able to enjoy non-stop entertainment throughout the day, whether it is social networking, watching videos, capturing images, or playing games.

    To further satisfy consumer demand of long standby time, Hot 8 also adopts artificial intelligence to optimise power consumption.

  • Dangerous licensing

    Consequent upon the high rate of road traffic crashes, injuries and deaths particularly among passenger carrying vehicles, the training, testing,  licensing and licence renewal for drivers should no more be taken for granted.

    As it stands in Nigeria, many commercial drivers and those who don’t even know how to drive are still getting driver licence with ease without any form of training and testing.

    Most people today do bypass the driving school and proceed straight to the driver licence  centre where they are made to pay higher than the official driver licence fee. They will thereafter be invited for capturing and licence issuance without any structured and unbiased theory and practical test. The issuance of driving school certificate is mostly without the requisite theory test. Hence the rising rate of accidents and deaths on the roads.

    In the countries with low rates of road traffic crashes, would – be drivers must acquire the requisite theory and practical training in accredited driving schools, compulsorily pass the theory and practical tests, go for medical checkup for the mandatory medical reports before he or she can be issued with licence to drive passenger carrying vehicle. The tests are to confirm the mental and physical fitness of the drivers.

    The medical report must cover vision, nervous system, diabetes mellitus, psychiatric illness, general health, cardiac health and medical practitioner details. Driver licence may be refused passenger carrying vehicle or commercial driver licence  if they suffer from any of the following: Liability to epilepsy/seizure, diabetes requiring insulin, eyesight defects, heart disorders, persistent high blood pressure, a stroke within the past year, unconscious lapses within the last five years, any disorder causing vertigo within the last year, major brain surgery or severe head injury with serious continuing after – effects, parkinson’s disease (multiple sclerosis or other chronic nervous disorders likely to affect the use of the limbs), mental disorders, alcohol and other psychoactive drug problems, serious communication problem, etc.

    Driving is a very complex job, which involves the use of the eyes, ears, nose, brain, neck, hands,  and legs to ensure effective and safe vehicle control. A  lapse on the part of the driver can result to loss of lives and properties. Before anyone is issued with driver licence, it must be established through uncompromised  theory and practical tests that the candidates have a comprehensive knowledge of the highway code including the meaning of traffic signs and road markings, thorough knowledge of the national road traffic regulations, a high level of driving skills as well as the ability for good journey planning and hazard perception.

    The road safety management is far from attaining the global standards. It is time to stop taking road safety issues with kids gloves and get more proactive in the war against road traffic crashes, injuries and deaths on the roads.

  • ‘Improving telecoms, internet service quality’

    Shortage of last-mile infrastructure to convey submarine cables is a challenge. LUCAS AJANAKU writes on how this problem is being tackled.

    There are over 40 terabytes per second (TBPS) international connectivity capacity cables landing in Lagos.

    Despite the large number, a group,  Submarine Cable Operators of Nigeria (ASCON), lamented that in terms of utilisation across all cables, the country is using less than 10per cent because of the absence of the requisite terrestrial infrastructure to transmit this capacity from the shores to other parts of the country, particularly to the unserved and underserved areas.

    “The relevant national backbone is not available. That is the challenge we are facing with broadband penetration. Thus, the connectivity and speed people will experience in Lagos will be different from what they find in their villages. In this regard, we would collaborate with other telecommunication stake-holders in seeking government intervention,” Ifeloju Alakija and Bolaji Mudashiru, president and secretary of the group said.

    In view of this constraint, the memorandum of understanding (MoU)  between Broadbased Communications Limited and Dolphin Telecom Limited is significant in the industry.

    While the former is an Open Access Metropolitan Fibre Optic Network Operator, the latter is a member of the African Coast to Europe (ACE) Submarine Cable System Consortium and the Operator of the ACE Submarine Cable Landing Station in Nigeria.

    Under the terms of the agreement, Broadbased Communications will provide the much-needed last-mile metropolitan fibre optic network connectivity wholesale to Dolphin Telecom’s clients, which include telecom operators and Internet Service Providers (ISPs) across the country. The ACE Submarine Cable System is managed by a consortium of 19 telecom operators from Africa and Europe.

    The submarine cable system is being upgraded to 100G technology, which will increase its design capacity from 5.12 terabytes per second (Tbps) to 12.8 Tbps. The  cable system is supported by wavelength division multiplexing (WDM) technology to accommodate future ultra-broadband networks.

    Broadbased Communications operates a non-compete, non-discriminatory, open access Metropolitan Fibre Optic Network that spans over 3,500 kilometres (km) of transmission, distribution and in-premise in all the major business districts in Lagos. The firm also operates Metro Fibre Networks in Kano and Akwa Ibom states with more points of presence (PoP) in Abuja, Port Harcourt and Enugu.

    Broadbased provides fibre optic network connectivity for mobile network operators, 4G network operators, all the submarine cable landing stations, all major ISPs, data centres, Nigeria Internet Exchange Point (IXP), major global telecom operators, banks, the Nigerian Stock Exchange (NSE), electronic payment switching and processing companies, oil companies, major corporate firms and residential estates in partnership with other telecom service providers in each estate.

    Broadbased Managing Directror/Chief Executive Officer Prince Henry Iseghohi said the MoU is a testament to the company’s dedication to the open access, non-compete model, robust network architecture and the dedication of the  workers of Broadbased Communications.

    Dolphin Telecom Group Commercial Director Mr. Johnnie Coleman said the firm was delighted to partner  Broadbased Communications to distribute its wholesale internet capacity to telcos and ISPs in the major districts of Lagos. He said the ACE submarine system has positioned itself as a key driver of the country’s social and economic growth.

    Also, the Group Executive Director of Broadbased Communications, Mr. Chris Erewele Snr, restated their commitment to the provision of quality services to Dolphin Telecom with a dedicated Technical Support Team to meet the needs of their wholesale customers, including the use of horizontal directional drilling equipment to install fibre optic cables without manual digging.

    The Executive Director, Business Development, Mr Chidi Ibisi said the Broadbased Network, which spans over 3,500km is designed as a self-healing network in a ring architecture with redundant routes to over 20  PoPs, including the submarine cable landing stations, data centres, major telcos/ISP hubs and major corporate clients in Lagos.

    Aside the ACE submarine cable   which was manufactured by Alcatel Submarine Networks (ASN) and was laid by ships from ASN and France Telecom Marine, there is also the Glo-1 submarine cable that is along the west coast of Africa between Nigeria and the United Kingdom. It is owned by Globacom.

    The submarine cable system is 9,800 km long, and became operational in 2011 with a minimum capacity of 640 Gbit/s.

    Total capacity of the system is now advertised as 2.5 Tbit/s. The cable’s link to Ghana was turned up in April, 2011.

    Another indigenous player is the Main One submarine cable that stretched from Portugal to South Africa with landings along the route in various west African countries. It spans 14,000 km and provides additional capacity for international and Internet connectivity to countries between Portugal and South Africa on the west coast of Africa.

    There is also the SAT-3/WASC or South Atlantic 3/West Africa Submarine Cable  linking Portugal and Spain to South Africa, with connections to several West African countries along the route.

    It is part of the SAT-3/WASC/SAFE cable system, where the SAFE cable links South Africa to Asia. The SAT-3/WASC/SAFE system provides a path between Asia and Europe for telecoms traffic, an alternative to the cable routes that pass through the Middle East, such as SEA-ME-WE 3 and FLAG.

    SAT-3 has a capacity for 340 Gbits while SAFE can take 440 Gbit/s. The SAT-3 system and SAFE were built by a consortium of operators.

    West Africa Cable System (WACS) is a submarine communications cable linking South Africa with the United Kingdom along the west coast of Africa constructed by Alcatel-Lucent. The cable consists of four fibre pairs and is 14,530 km in length, linking from Yzerfontein in the Western Cape of South Africa to London in the United Kingdom. It has 14 landing points, 12 along the western coast of Africa (including Cape Verde and Canary Islands) and 2 in Europe (Portugal and England) completed on land by a cable termination station in London.

  • The next level anthem

    Sir: It was John F. Kennedy who said, “Things do not just happen, things are made to happen.”

    When most kings ascend the throne of their forefathers, they do not stir ripples in the waters for fear it could trigger a wave that might capsize their fledgling rule. In other words, they see but seldom talk; talk but seldom walk. It is only a wise king that knows that a crown of gold is useless if the people do not respect its wearer.  The Next Level anthem beggars description.

    Image makers have vested interests in manufacturing publicity for their principals; after all, relevance is the name of the game. Defending the present administration is herculean because even the blind can see the handwriting on the wall. The Next Level Anthem will make an excellent material for a Nollywood blockbuster.

    You may be forgiven if your first impression about the Next Level mantra was paradise on earth. It is a systematic and well thought out agenda oxygenated to impoverish the masses and turn them into robots. It is therefore a no-brainer that things are transforming from bad to worse.

    The claim by the federal government that shutting border has frustrated smuggling is a welcome development but should not be an excuse to injure innocent Nigerians. Nigerians should not be punished because of poor and compromised border security as the development has triggered inflation (prices of goods are now reaching the clouds). Closing of border should be holistic (not closing south leaving north) with adequate provisions made to cushion the effect.

    For an administration that elevates politics over policy, implementation is her greatest undoing because of vested interests. What is the assurance that the advice of the newly formed Economic Advisory Council will be carried out by the president when he is surrounded by a strong cabal?

    There is a common defect among policy analysts and decision makers of the federal government. This gap has to be closed. The revised 7.5% Value added Tax, CBN cashless policy and the composition of the Economic Advisory Council are all economic catalysts but adequate palliative provisions ought to be made to cushion the resultant effect on the poor masses.

    It is unfair to talk about VAT increase when N30,000 minimum wage implementation is yet to see the light of the day. In a nation where there are countless number of out-of-school children and many live below one dollar per day, imposing unnecessary tax increase is most unfortunate. The CBN forex restrictions on some imported products should be extended to foreign education and medical trips abroad in order to use the Nigerian content initiative to fix local hospitals and public schools and make them attractive so that those who cannot afford (medical or educational) trips abroad can also enjoy good healthcare and sound education in a country they are joint heirs to. Perhaps, this is one of the reasons why some sister nations do not value Nigeria and her citizens despite being the giant of Africa.

    Solving security and electricity challenges should be paramount. But how does one achieve this in a country where a sitting chief executive officer of a state took a selfie with bandits brandishing arms?

    It is sad that Nigeria is going on a borrowing spree when N100billion has been earmarked for the National Livestock Transformation Scheme despite the mutual suspicion and public outcry over the RUGA racket. Perhaps, these developments are some of the reasons why the 2020 budget is yet to be passed.

    The federal government should mandate the CBN to as a matter of urgent public importance, suspend these anti-people, anti-economy and pro-poverty policies in order not to frustrate the ease of doing business. The Senate should concur with the House of Representatives by taking a stand against these policies before it becomes law.

    Nigeria at this challenging time needs leadership that will inject pro-people innovations, and game-changing ideas to improve the international image of the country and bring honour to her citizenry.

    • Ikechukwu Agada,

    <bishopagada@yahoo.com>