The Nation Newspaper

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  • Zenith Bank names Onyeagwu GMD/CEO as Amangbo bows out

    Zenith Bank Plc on Monday named Mr. Ebenezer Onyeagwu as its Group Managing Director/Chief Executive Officer (GMD/CEO).

    His appointment takes effect June 1, subject to the approval of the Central Bank of Nigeria (CBN).

    The bank said in statement that Onyeagwu’s appointment is consistent with its tradition and succession strategy of grooming leaders from within.

    Onyeagwu, who joined Zenith Bank Plc in 2002 as a Senior Manager in the Internal Control and Audit Group of the bank, will replace Mr. Peter Amangbo, whose tenure expires on May 31.

    “Mr Amangbo leaves the bank at the end of a very successful career spanning over 27 years, with the last five years as GMD/CEO,” the bank said.

    The statement reads: “Mr. Ebenezer Onyeagwu is a vastly experienced banker and financial expert, trained in reputable institutions of learning in Nigeria, the United Kingdom and United States of America.

    “He is an alumnus of the prestigious University of Oxford, England, from where he obtained a Postgraduate Diploma in Financial Strategy, and certificate in Macroeconomics. He also undertook extensive executive level business education in Wharton Business School of the University of Pennsylvania, Columbia Business School, Columbia University, the Harvard Business School, Harvard University (all in the United States) and Lagos Business School at the Pan African University, Nigeria.

    “Mr. Onyeagwu is a Chartered Accountant and was named a Fellow of the Institute of Chartered Accountants of Nigeria (FCA), in 2003.

    As Deputy Managing Director, Mr. Onyeagwu has oversight over the bank’s Financial Control and Strategic Planning, Risk Management, Retail Banking, Institutional and Corporate banking business portfolios, IT Group, Credit Administration, Treasury and Foreign Exchange Trading, as well as general administration of the bank, among others.

    “With nearly 30 years’ experience in the banking industry, Mr. Onyeagwu, who is a graduate of accounting from Auchi Polytechnic, began his career at the defunct Financial Merchant Bank in 1991 and later held several management positions in the erstwhile Citizens International Bank Limited until 2002.

    Read Also: Zenith Bank posts N232b Profit Before Tax

    “He joined Zenith Bank Plc in 2002 as a Senior Manager, in the Internal Control and Audit Group of the bank. His professionalism, competence, integrity and commitment to the set objectives of the bank saw him rise swiftly between 2003 and 2005, first, as Assistant General Manager, then “Deputy General Manager, and eventually as General Manager of the bank. In these capacities, he handled strategies for new business and branch development, management of risk assets portfolios, treasury functions, strategic top-level corporate, multinationals and public institutional relationships, among others.

    “He was named Executive Director of the bank in 2013, and put in charge of Lagos and South-South Zones as well as strategic groups/business units of the bank including Financial Control & Strategic Planning, Treasury and Correspondent Groups, Human Resources Group, Oil and Gas Group, and Credit Risk Management Group, etc. He was named Deputy Managing Director of the bank in 2016.

    “Mr. Onyeagwu is on the board of Zenith Bank Ghana, Zenith Pensions Custodian Limited, Zenith Nominees Limited and African Finance Corporation. He brings to his job strategic thinking, inspirational leadership, energetic and entrepreneurial skills. He is married with children.”

  • PDP to National Assembly: probe Nigeria’s N24.3tr debt profile

    The Peoples Democratic Party (PDP) has raised questions over Federal Government’s “unwholesome” borrowings amounting to N24.38 trillion debts as the end of last year.

    Debt Management Office (DMO) Director-General Ms. Patience Oniha said last week that the figure comprised of debts owed by the federal and states governments as well as the Federal Capital Territory (FCT).

    She explained that the figure was N2.66 trillion higher than the N21.7 trillion recorded as at December 31, 2017, and represents a year-on-year growth of 12.25 per cent.

    The PDP yesterday called on the National Assembly to investigate how the funds were disbursed.

    In a statement by its spokesman Kola Ologbondiyan, the PDP blamed the government for what it described as saddening and devastating debt overhang on the nation.

    According to the party, the rising debt profile was a product of the government’s failure to stimulate and run a productive economy.

    The DMO boss had explained that the funds were borrowed to finance projects, fund budget deficit and meet maturing obligations, noting that 68.18 per cent of the debt are domestic.

    Ms. Oniha said some foreign debts were borrowed so as to refinance treasury bills because of the short tenor of the bills.

    But the PDP blamed the administration for its reliance on heavy borrowings and unbearable tax regimes, which the party said have crippled productivity, caused untold hardship and mortgaged the economic future of the nation.

    The PDP said there has been a culture of unexplained borrowings leading to a steep rise in the debt stock from N17.5 trillion in 2016 to N21.72 trillion 2017, rising to N24.387 trillion in 2018.

    Read Also: PDP is bad loser, says Ganduje

    The PDP said: “It is shocking and completely insupportable that our nation’s debt had risen from N21.72 trillion in December 2017 to N24.387 trillion in December 2018, showing an accumulation of a whopping N2.66 trillion in a space of one year.

    “President Muhammadu Buhari-led administration therefore has a huge explanation to make to Nigerians…”

    The party called on the National Assembly to commence a system-wide investigation into the borrowings by the administration, particularly the terms of the borrowing and the handling of the funds.

  •  Buhari decries use of cyberspace to manipulate elections

    President Muhammadu Buhari on Monday decried the use of cyberspace for election manipulation.

    The President said nothing must be spared to guard against the abuse of the cyberspace for ulterior motives, warning that misuse of the platform could subvert the democratic rights of citizens and propagate violence.

    He said Nigeria has taken the lead in cyber policing in West Africa, working with regional and global partners.

    In his keynote speech at the 2019 Annual Investment Meeting (AIM) in Dubai, the President said a certain level of regulation was needed to preserve the integrity of the digital economy.

    At the ninth edition of the AIM were world leaders from both the public and private sectors.

    The theme of the summit is: “Mapping the future of foreign direct investment: Enriching world economies through digital globalisation.”

    Acknowledging that digital globalisation is transforming the world almost every day with innovations and ideas, Buhari cautioned that the cyber world would remain a constant threat if left unregulated.

    The President, according to a statement by his spokesman, Femi Adesina, decried the use of the cyberspace to manipulate elections, subvert the democratic rights of citizens as well as propagate violence. He was not, however, specific.

    He also lamented the steady rise in fake news and cybercrimes, particularly when platforms are hijacked and manipulated by criminals.

    Buhari, therefore, called for collective efforts, led by the public and private sector leaders, to address the emerging threats of digital globalisation.

    He said:  ”Today, we have a cyber-world that is intangible but real. This borderless world is powerful, and it impacts the lives of billions of people, no matter how remote their physical locations are.

    “People work in it. People socialise in it. And people invest in it. This presents enormous opportunities. But it also remains a constant threat if left unregulated.

    “On the one hand, it has made the human race more productive and more efficient. Today, we have digital banking, virtual currencies and many social platforms that connect people and cultures.

    “On the other hand, we have seen platforms hijacked and manipulated as evidenced by the steady rise in fake news and cybercrimes.

    “More recently, we are also witnessing the use of the cyberspace to manipulate elections, subvert the democratic rights of citizens as well as propagate violence.

    “In effect, the digital world has become the new frontier for both good and evil. Therefore, the challenge for world leaders must be to ensure that this space is inclusive, accessible and safe.”

    The President reflected on the digital revolution in Nigeria, buoyed by impressive statistics on mobile phone penetration, technology hubs and the advent of young entrepreneurs attracting investments of over 100 million dollars to the country.

    His words: “In Nigeria, our mobile phone penetration exceeds eighty per cent. This means the majority of Nigeria’s 190 million citizens are fully connected to this new digital world; especially our youth.

    Read Also: Buhari woos investors in Dubai

    “Sixty-five per cent or 170 million Nigerians are under the age of 25 years. These bright minds are the drivers of this emerging digital sector.

    “Today, Nigeria has close to 90 technology hubs and every day, new ones are coming up and they are all developing solutions for Nigerian, and indeed global problems.

    “Already, these young entrepreneurs have attracted investments of over $100 million dollars, a sizeable amount from overseas, including Silicon Valley.

    “As many of you from this region are aware, Nigerian start-ups always have a very impressive outing at the Gulf Information Technology Exhibition (GITEX). Many have won prizes.”

    Buhari told the summit that as leaders in the public and private sector, it was their responsibility to create the enabling environment for young people to flourish and reach their full potential.

    Sharing the Nigerian experience, Buhari said: “When we came in 2015, we immediately agreed that any future economic growth must be inclusive. As the Nigerian youth population is fully digitalised, it is clear that the idea of having an inclusive economy cannot be achieved without digital inclusion.”

    According to the President, the Federal Government plans to create the largest digital database in Africa, with over 30 million Nigerians and legal residents already captured in the country’s digital identity system.

  • May 29: Governors, senators gang up against Magu

    Ahead of May 29 exit date, some governors, ministers, and senators are pushing for the removal of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu.

    They are mounting pressure on some Presidency officials to prevail on President Muhammadu Buhari to “ease out” Magu.

    It was learnt that many governors are jittery about Magu’s retention, following the clinical investigation of the outgoing Chief Justice of Nigeria, Justice Walter Onnoghen.

    This is the third time in two years that attempt has been made to give Magu the push from office by some politicians who are opposed to Buhari administration’s anti-corruption campaign.

    There was a plot in January to send Magu on a course at the National Institute for Policy and Strategic Studies (NIPSS) on or before the conclusion of the general elections.

    The latest move is to sack Magu on or before May 29 when some of the governors would have completed their eight-year tenure.

    A source, who spoke in confidence with our correspondent, said those who wanted Magu out had been alleging that the EFCC chairman’s stay might not assist the interest of the All Progressives Congress (APC) in 2023.

    The source said: “The arrowheads, including outgoing governors, have begun smear campaigns to poison the minds of Buhari, Vice President Yemi Osinbajo and the First Lady, Mrs. Aisha Buhari, against Magu.

    “They are said to be relying on three bogus/ fake reports against Magu allegedly submitted to the Presidency by an unknown government agency.

    Read Also: Why we didn’t confirm Magu, by Saraki

    “They are also alleging lack of loyalty against Magu, claiming that he is working against APC’s interest from now till 2023.

    “They cite how EFCC’s probe led to Onnoghen’s sudden resignation. They allege that Magu can go to any length to expose them, especially the outgoing governors, when they leave office.

    “They are of the opinion that since they have skeletons in their cupboards, Magu can prosecute them once he is still in office.

    “The promoters of the plot have co-opted politically exposed persons in the APC and the PDP.”

    It was learnt that some Senators have also teamed up with aggrieved political office holders on the anti-Magu campaign.

    The source added: “Some senators are jittery over possible confirmation of Magu after May 29, as they are afraid that he may go after them once they lose their privileged positions.

    “They are aware that there are pending investigations against them, including over N1trillion unexecuted constituency projects. Magu is uncompromising in this regard.”

  • Forces against death penalty

    Advocates of the abolition of the death penalty around the world gathered in Brussels, Belgium for the 7th World Congress Against The Death Penalty. ABDULWAHEED ODUSILE reports that the abolitionists renewed the call on countries, such as Nigeria, to end the practice.

    Given the resurgence in violent crimes around the world, especially as perpetrated by terrorists, the case for the retention or reintroduction of capital punishment for the most violent of crimes is becoming more strident even as the voices against the death penalty are getting louder and gaining more support among many countries and world leaders. Around the world, no fewer than 146 countries and territories have abolished the death penalty either in law or in practice as far back as 2018.

    Sadly, Nigeria is not one of those countries. In fact the country is neck deep in the retentionist group of countries even when most countries in Africa, some of them our neighbours, have either abolished the death penalty or have placed moratorium on executions.

    And going by the number of death sentences passed by some of Nigeria’s high courts across the states in recent times, coupled with new legislations in some states creating new offences that carries capital punishment, it does appear that the country is not about to change its policy on the death penalty any time soon.

    In spite of a growing abolitionist movement in the country, with even some state governors either calling for an end to the death penalty or refusing to approve the execution of death row inmates, the judiciary has been handing down verdicts of death by hanging at an alarming rate. While this might be music to the ears of advocates of ‘an eye for an eye’ justice, there are many people who believe that punishing murder with the killing of the convicted accused does not amount to justice. To them, “death penalty is inherently inhumane and cruel and should be abolished once and for all.”

    Their position is however, not being helped by cases of murder especially homicide which seem to be on the upward curve in the country, with the media awash, for instance, with gory tales of death in the hands of former lovers to mention a few. Not a few will recall the story of Miss Khadijat Oluboyo, daughter of a former deputy governor of Ondo State, Lasisi Oluboyo, who was allegedly killed and buried by his boyfriend Seidu Adeyemi  on July 2, 2018 at his residence in Akure, the Ondo State capital. Adeyemi, a graduate of Federal University of Technology (FUTA) Akure, was convicted and sentenced to death by hanging on Wednesday, March 27 by Justice Samuel Bola of the state high court. Another accused person was similarly convicted and sentenced to death recently by another Ondo High Court for killing his girlfriend.

    Few weeks earlier, a Lagos High Court sentenced to death by hanging one Lekan Shonde for killing his wife, Ronke. In a judgment delivered on March 8, the day set aside as International Womens’ Day, Justice Josephine Oyefeso, sitting at Ikeja announced the decision of the court, telling Shonde that “this is the sentence of the court upon you that you should be hanged in the neck until you are dead.”

    There are some cases of high profile domestic murders still before the judiciary, yet to be decided, like the celebrated case of the Abuja housewife Maryam Sanda who killed her husband Bilyaminu Bello. No less celebrated was the case of an Ibadan based lawyer that killed her husband. She luckily escaped the death sentence having been given some years behind bars. Even that has not gone down well with some people who believe she got the kids’ glove treatment on account of her being from an influential family in society.

    Considering the crimes for which these death row inmates were convicted, not a few might be tempted to say they deserved what they got. But wait a minute. What if they were innocent? Of course they might be innocent, wrongly convicted for a crime they probably never committed, as was the case with one Olaide Olatunji who was sentenced to death in 1995 after a trial which lasted for six years. He spent 17 years waiting for the executioner before he was finally set free in 2012 after series of appeal. Olaide’s case was pathetic as the circumstances surrounding his arrest, trial and conviction were just a clear case of the police manufacturing the evidence to get a conviction against him.

    Olaide was lucky as many on death row rightly or wrongly convicted never got their case to appeal level for one reason or another and are either languishing in jail awaiting execution or have been executed.

    ELSEWHERE

    This miscarriage of justice is not peculiar to Nigeria alone.

    In Uganda two cousins, Fred Masembe and Edward Mpagi, were sentenced to death in 1982 for the murder of a man. Fred Masembe died on death row awaiting execution but the person they supposedly murdered ‘miraculously’ reappeared years later, alive and well. This led to Edward Mpagi being released eventually in 2000 after a presidential pardon. But then the deed had been done. Still in Uganda, Susan Kigula, a former death row inmate was sentenced to death for the killing of her husband which she vehemently denied. After 15 years in prison most of which was spent on death row, Susan regained her freedom having successfully appealed her conviction. While on death row, she studied for and obtained a law degree from the University of London. (See interview).

    Her case was similar to that of Pete Ouko, a Kenyan, who was sentenced to death in 2001 aged 31, for the murder of his wife (with whom he had then two young kids) in 1998, a crime he denied committing. Pete spent 18 years in prison, most of them on death row fighting for his freedom and was eventually pardoned and then released in 2016. Like Susan, Pete studied for and obtained a law degree from the University of London. (See interview).

    Elsewhere around the world, cases similar to Pete’s and Susan’s abound and have fueled the global campaign for an end to the death penalty. While many countries are signing up to the abolition campaign, the United States of America stands out among the ten leading countries in terms of the number of annual executions. It remains the only democracy in this league of retentionist countries. Of all the five continents in the world, Europe remains the world largest space free of the death penalty with Belarus the only country in the continent still imposing and practicing capital punishment.

    In Africa, hope for an end to the application of the death penalty is rising with the continent moving towards abolition: 4/5th of the 55 African countries are either abolitionist in law or under moratorium.

    It was against this backdrop that human rights activists and death penalty abolitionists gathered in Brussels, the Belgian capital from 26th February to 1st March for the 7th World Congress Against The Death Penalty. It was four days of fruitful deliberations on the progress made so far to rid the world of capital punishment by giving life a chance, irrespective of the severity of the crime. Organised by Ensemble Contre la Peine de Mort (ECPM), with support from Belgium, the European Union, European Parliament, Swiss Confederation and Norway; and in partnership with the World Coalition Against the Death Penalty, the congress drew participants, not only from the abolitionist camp, but also politicians, business people and even Pope Francis who gave a video address at the event. The Papal address emphasised the need for human life to be protected, arguing that the death penalty is a very serious violation of “everybody’s right to life.” While stressing that those guilty of such crimes that presently attract the death penalty should be given the opportunity to repent, reflect and change their ways, Pope Francis said the Catholic Church Catechism will be amended to accommodate the abolition of the death penalty.

    In a similar video address, billionaire British businessman, Sir Richard Branson described the death penalty as deeply flawed, saying it does not serve as a deterrent. He called on business leaders around the world to become advocates of the abolition of the death penalty.

    The politicians, especially from the European Union and European Parliament also addressed the congress with all of them condemning capital punishment, vowing that no country in Europe can become a member of the European Union if it still practices the death penalty.

     AFRICA: AN OVERVIEW

     With the opening ceremony over, attention turned to the main business of the congress with thematic sessions on the various aspects of the campaign for the abolition of the death penalty. Though Africa was well represented, Nigeria, the most prominent retentionist country in the continent had no formal representation. Nigeria leads among African countries that apply the death penalty most. According to a recent (2017) report, Nigeria applied the death penalty 621(the most) times in the year in question followed by Egypt, 402 times and Zambia, 94 times. Algeria followed in 4th with 27 death sentences, Tunisia 25, Somalia 24 and Democratic Republic of Congo 22. However when it came to the actual execution of the death sentences, Nigeria recorded no execution of death row inmate in 2017, with Egypt taking the lead with most executions (35), followed by Somalia, 24 and South Sudan, 4.

    Could it be that Nigeria, by stalling on execution has gone into voluntary moratorium on executing death sentences? This is far from clear as there is no official position on this, but it is an open secret that most of Nigeria’s state governors have been shying away from sanctioning the killing of death row inmates. This, however, might not be the case in Ondo State where the government has promised to approve the execution of the murderer of the daughter of a former deputy governor of the state.

    According to the ECPM, “most of the 20 African countries which have abolished the death penalty in law did so after a moratorium on executions which lasted for more than ten years (Senegal, Congo DR, etc.) 10 of them modified their Constitutions (Mozambique, Cote D’Ivoire, etc.), while 9 others reformed their Criminal Code (Senegal, Togo, etc.). In Benin, abolition followed ratification of OP2 (Optional Protocol to the International Covenant on Civil and Political Rights). ¼ of African countries have ratified this Protocol.

    “Conversely, not all countries with a moratorium have committed to an active abolitionist process. Most of the 22 States with a moratorium in place have had it for more than 20 years and some, such as Niger, even for 40 years. Liberia is located in a region which is mostly abolitionist but it maintains capital punishment despite its support for OP2.

    “Of the 35 countries which have not abolished the death penalty in law, ¼ still apply it automatically. 3 States, including Nigeria still sentence people to death for homosexuality and apostasy. Approximately two-thirds of non-abolitionist States retain capital punishment for acts of terrorism.”

     WHAT NEXT

    Although participants at the congress agree that progress has been made in the quest for the abolition of the death penalty, a lot still needs to be done to achieve a world without capital punishment. In the words of a high ranking European Union official at the congress, “the fact that this congress is holding is unfortunate. It shows that there is still some work to be done. Though some countries have a moratorium on execution, they still have the law in their books. We want a discussion with those countries that still have the death penalty.”

    Perhaps as part of that discussion, the communiqué at the end of the congress called on international and regional intergovernmental organizations; “to continue and intensify their cooperation with states and civil society to promote the universal abolition of the death penalty; to continue and intensify their position for abolition across all UN bodies, including in the discussions between the UNODC and all stakeholders; to continue and systematically address the issue of the death penalty in the work done by UN special rapporteurs, especially on terrorism, executions, torture, migrants and extreme poverty.”

    The communiqué among other things also called on states still having the death penalty to commit “to abolition of mandatory death penalty and promote alternative sentences which recognize each person’s ability to make amends.”

    It also urged the retentionist states “to implement the Convention on the Rights of the Child, for its 30th anniversary in 2019, by abolishing the death penalty for juveniles below the age of 18 at the time of the crime for which they have been convicted, and by systematically giving them the benefit of the doubt if there is no official record of their age and date of birth;

    “to take the path towards the abolition of capital punishment by implementing a moratorium on death sentences and execution, in compliance with the resolution for a moratorium on the use of the death penalty voted by the General Assembly of the United Nations since 2007, and to join the 86 countries that have already ratified the Second Optional Protocol to the International Convention on Civil and Political Rights.”

    It urged states that have abolished the practice; “to vehemently condemn the use of the death penalty and systematically raise this issue in the framework of their diplomatic and economic relations with the retentionist states and;

    “to actively oppose the use of the death penalty in the fight against terrorism to promote and respect human rights.”

     CAUTIOUS OPTIMISM

    Though the case for the universal abolition of the death penalty is growing there is still stiff opposition in some quarters, especially in Asia, the Arab world and the United States. The total number of executions around the world in 2017, for instance, is estimated at 993. This figure, according to ECPM “is well below the reality, given that China has made data on executions, estimated to be several thousand per year, a state secret. The African continent is moving towards abolition: 4/5th of the 55 African countries are either abolitionist in law or under moratorium. The 31 countries in the world with a moratorium represent important levers to be activated, as their move into the abolitionist camp could create a snowball effect.”

    With this cautious optimism, the ECPM, whose main goal is the universal abolition of the death penalty “under all circumstances’ closed the 7th World Congress Against The Death Penalty, calling on all countries of the world, especially those still applying the death penalty to give life a chance.

  • Shell unveils $15b five-year investment plan

    The Shell Petroleum Development Company (SPDC) has unveiled a $15 billion investment in the oil and gas sector in the next five years.

    Its Managing Director, Osagie Okunbor, broke the news at the second edition of the Nigerian Oil and Gas Opportunity Fair (NOGOF) organized at the weekend by the Nigerian Content Development and Monitoring Board (NCDMB) in Yenagoa, Bayelsa State.

    He said the company was keen at expanding local content in the oil and gas sector.

    Okunbor said the proposed $15 billion investment would bring huge benefits to the country and its people in terms of contracts and jobs, among other benefits in line with the theme of NOGOF: “Maximising Oil & Gas Industry for the benefit of the Nigerian people”.

    He said: “These remain exciting times for Nigeria as Shell along with its partners will be maturing several projects in support of Nigeria’s growth ambition.

    “A cocktail of policies and the active support of government and its agencies like NCDMB have made these investments possible. The industry continues to witness improve cycle times with NCDMB.

    “We have an investment portfolio of over $15 billion over the next five years. Shell’s investments will bring huge benefits to the country and its people – contracts, jobs, thus underscoring the theme of this year’s NOGOF.”

    Okunbor said that Shell recently announced the Final Investment Decision (FID) on the 300 million (cubic gas per day) Assa North Ohaji (ANOH) gas development project in Imo State.

    He said on completion, the project is expected to generate circa 1200MW to power circa 1.2m homes (1MW – 1000homes) by supplying gas into the domestic gas market.

    The SPDC chief added: “We also issued Invitation to Tender (ITT) for Bonga South West Aparo (BSWA) and as a shareholder in the NLNG Train 7, we are on track for FID later this year.

    “In addition to these, we are also maturing several sizeable projects planned to start within the next five years with 28 projects covering export gas, domestic gas and oil projects spread across deep offshore, shallow water, swamp and land terrains.

    “Benchmark for all these projects is to meet and where possible surpass the 70 per cent Nigerian content target set for BSWA.”

    He listed other projects as the construction of over 200 wells; 1000 km of flowlines and bulk lines; subsea umbilicals, risers and flowlines (SURF); jackets, platforms, hull and manifolds.

    Others are major oil and gas facility modifications and upgrades both onshore and deep water and at least 4 gas compression projects.

    He said: “Employment opportunities are huge, not to mention the spin-off in allied services. These projects also offer huge capacity building opportunities in the delivery of Human Capacity Development (HCD) training, increased community content/ participation, in-country fabrication, increased utilisation of Nigerian vessels, re-skilling of Nigerians to take up more roles in shallow and deep-water operations and technology transfer.

    “Beyond the project phase, on completion, these projects will offer significant brownfield opportunities in asset maintenance, logistics, among others.”

  • ‘Security vote should be accounted for’

    Ifedayo Adedipe (SAN) was called to Bar 39 years ago. He specialises in constitutional, corporate, commercial and property laws. His law firm offers integrated legal services. In this interview with JOSEPH JIBUEZE, Adedipe speaks on prosecution of electoral offenders, why governors must account for security votes, reduction of political parties, the need for government to abide by the constitution and why the National Assembly must be independent.

    The ninth National Assembly will soon be inaugurated. What is your agenda for the incoming lawmakers? 

    The Petroleum Industry Bill has stayed too long. They need to look at it. We need to reform our electoral system by reviewing the Electoral Act. Another issue I want the lawmakers to address is the way governors treat the third tier of government. We need to find a way to rescue the local governments from these governors. These state executives are truly oppressing the local councils. They dissolve them at will. Most of the time, they use the judicial system to achieve these aims. Above all, I will want the ninth National to look at the how the security architecture can be improved upon. Arms are now being stockpiled by citizens and this should be of concern to all of us. In those days, you can embark on a journey from Lagos to the Onitsha by 8pm without entertaining any fear, but woe betides anyone who does that now. He will be kidnapped along with his car. The level of insecurity in this country at the moment is quite alarming. You can be kidnapped in broad day light. We do not have enough police officers.

    Do you support calls for state police?

    I have my doubt about state police. This is because of the oppressive manner our governors behave. If you belong to a rival political party, they may use their police to abduct you. So, what we need is a large federal police. I can take my risk with federal police. If a state governor wants to pick me up with his police, who will I talk to? But the federal police are so far removed, unless the issue touches the Federal Government. So we need to look at the call for state police very carefully. Our police are poorly remunerated. They lack equipment. You will laugh when you see some patrol vehicles. And then they give them guns that will probably not fire. Elsewhere, policemen have modern cars, modern equipment. And they have good roads. How will police chase criminal when their car can break down? Security is key.

    Corruption remains a major issue. How can it be tackled?

    Most people believe that only politicians are corrupt. They tend to discount the civil servants. But you only need to have something to do with the ministries – your file will miss, unless you know how to play ball. For some commissions to even consider your applications, you have to shake hands. These are the issues. Some will demand kickbacks for contracts. Maybe only 30 per cent of corruption takes place under the politicians. Another issue we must interrogate is on the issue of security vote by our governors. I can tell you for free that it is unconstitutional. The demand for security vote is an amorphous claim. N200million every month translates to N2.4billion a year. You should retire the money by going to the House of Assembly explain what it was used for. It must be retired. If you do not, it is my humble opinion that you should be charged with stealing that money. More often than not they use that money to buy properties. That’s where they steal money from. There is nothing in the Constitution that says you cannot question that expenditure. If the EFCC looks in that direction, I will clap for them. What is a governor securing? Is he paying the Nigerian Army? Is he paying the Nigerian Police? If a governor buys cars for the police, the receipts should be produced. We should all support the anti-corruption war.

    As a constitutional lawyer, what have you to say about adherence to rule of law?

    Society is best served when you have some set protocols and you respect both the spirit and letter of the Constitution. The greatest threat to democracy and rule of law is wrongdoing by the government – when it violates the Constitution and laws. Then, society is imperiled. The government can deal with regular criminals, but who deals with the government when it chooses to be lawless? It is the Constitution. It is the Constitution that says that the President cannot remove a governor, and that the governor cannot just demolish the home of a citizen. Usually the first thing the Military does when they seize power is to suspend the Constitution and do whatever they like. I believe that there is nothing fundamentally wrong with us that cannot be corrected by an adherence to the rule of law. The Federal Character principle for instance is well intentioned. Otherwise a section will take everything and claim they merit it, or that they voted more. So, let the government be representative of the people.

    What is your assessment of the general elections?

    You must have seen the videos, as well as electoral officers saying they announced results under duress. I do not agree that Atiku Abubakar should not have gone to court. Let us have judicial findings of what actually transpired. Let us hear the facts. If somebody said he is going to court, the onus is on him to prove what he alleges. But, have you noticed that we have never heard of relations and sons of these politicians being victims of electoral violence? Once election approaches, they send them to Dubai, America or Ghana. It is the children of the poor that they give a loaf of bread and N5000 to carry cudgel. The society appears dysfunctional. I do not subscribe to the views of those who urged Atiku not to go to court. Their concerns may be that no presidential election has ever been overturned. Let us have the facts about what happened in each state of the federation. For instance, I am curious to know: could Borno State have produced more votes than Lagos? Let’s examine the issues. War is raging somewhere, the governor was even shot at and suddenly you see about three million votes from the place. So let us hear the facts.

    The Kenyan Supreme Court nullified the country’s presidential election for not being “conducted in accordance with the Constitution”. Do you see that ever happening in Nigeria?

    Remember in 1982, Balarabe Musa was impeached by the Kaduna State House of Assembly. Afterwards, the court said it had no jurisdiction to entertain the case. But, in the case over Ladoja’s impeachment, the court held that it could look into the process of impeachment. In Osun State, several votes were cancelled before Aregbesola became the governor. Similar thing happened in Ondo and Edo. I have my reservations about those decisions. But all these tell us that the courts can make orders when they think it is necessary without minding whose ox is gored. Coming to the suit over the results of presidential election, I am sure if the facts are properly laid by the petitioner and barring any unforeseen circumstances, the proper thing will be done. If it can be shown that the result declared do not represent the will of the people, or the election is not in tandem with the provisions of the law, the court will so declare.

    In your view, does INEC have the power to withhold a certificate of return?

    I think INEC can do so where a declaration was not voluntary. The law anticipates a situation in which INEC is not under any influence in making a declaration. If you put a gun on a man’s head to announce a result and you say he cannot reverse it when he is free, that will be dangerous. Too many big men in this country think they can sit on top of the law. The person affected can go to court. But we need strong parties, which can determine whether someone gets a ticket. Here, governors control the parties. So, we need to reform our political system. Parties should have financial members to avoid someone hijacking the party and determining who will be governor, senator, etc. How can a governor single-handedly choose a successor? What is the role of the people? How can a governor say that a chairman of a party is not loyal to him and therefore he should be removed? We need to interrogate these things that make one very sad. That is dictatorship. If we’re not careful, when fascism will come to Nigeria, it will come quietly but inexorably. We need to interrogate these abuses of powers. One person should not unilaterally choose a governor in any state. It is not right. Once you reach that level, forget election. Forget political parties and designate whoever that is as the party.

    Is Nigeria’s multi-party system still necessary?

    Let us first agree that what we call political parties at the moment are simply platforms. They are not political parties in the real sense of it. I recall in those days, political parties had financial members. These are people who contributed money. My father was a member of the NCNC in Akure.  The party had a manifesto to which members believed in and subscribed. The Action Group had something similar. The members were called financial members. We need to go back to such practice, so that members of the party would be the ones to nominate those who will run under the party’s flag. I ask you: what is the difference between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP)? I see none. That is why a man who had been commissioner and governor under a party can easily move to another party. If you ask what his grouse was, he’d say he was cheated, not that the party’s ideology was dishonored. The APC used restructuring as a basis for their campaign for change. As soon as they got into power, the President was the first person to pour cold water on it. Contrast this with the old UPN, where you had four cardinal programmes. At the moment, we don’t have political parties. We only have platforms through which people get political power.

    Why do you say so?

    If you look at the ruling party, close to 60 per cent of the members were in PDP. Conversely you have people in PDP who were in APC, which means there is no difference between them. They’re merely jostling for power. We need political parties that will be ideology based. All of us must be politically active and join any. If we do not, you will find out that those who hijack the parties will use the largely uninformed members of the society to foist on us a government they want. So, we do not need more than two or three political parties with clear ideologies.

    How can a reduction be achieved?

    The Constitution recognises the right to form associations. The power of INEC to de-register political parties is subject to the provisions of the Constitution. But the National Assembly can help. We may have to look at the Constitution and make some amendments. We just have to check the proliferation of so called political parties. Look at how ugly the ballot papers are due to too many parties. We need to moderate our political associations and arrangements. We need to look at our laws. I believe 91 political parties is ridiculous. I believe we don’t need more than five. Maybe one for the youths, one for women, one leaning right, the other leaning left, and then one for labour. A situation where a husband and wife belong to different parties that score zero during elections puts INEC through unnecessary difficulties.

    Do you think there is merit in the opposition’s concerns that Court of Appeal President, whose husband is a politician, may be biased?

    That is an unfortunate allegation. The Court of Appeal is made up of not less than 70 men and women as I recall, because they sit in panels. Clearly, the court must have a head. The fact that the court’s head has a husband that is of the APC is of no moment. Don’t we have Justices of the Supreme Court whose relations are members of political parties? Will it also matter if the husband of the Court of Appeal president is of the PDP? Or are we saying because she is in the court system, her husband is not free to pursue his political ambition? I don’t see how which party her husband belongs will affect the court’s decision in any case before it. As the Head of the Court of Appeal, Justice Bulkachuwa’s role is simply administrative. The court sits in panels and she will not sit in a penal in which her husband’s case comes up. So it’s of no moment. The argument is unmeritorious. We should learn to trust our institutions.

    Why do you say so?

    That is why I applaud the President’s decision not to intervene in who becomes Senate President. Those career politicians urging the President to take control and do as Obasanjo did are not his friends. The difference between our democracy and military rule is the National Assembly. If the President should control the National Assembly and the Judiciary, then of what use is democracy? I tell you this, if the President didn’t want Bukola Saraki there, he won’t be there. I don’t know which other President with enormous powers as ours. If we do not have an independent National Assembly, we’ll be in trouble. So it should be left alone. We should pray that the President will not listen to the hardliners and allow the National Assembly to run its affairs.

    Does the military have a role to play in elections?

    There are existing decisions of both the Court of Appeal and Supreme Courts which bar the use of military for election purposes. So, for the Federal Government to ignore those decisions, it speaks volume about the respect it has for judicial pronouncements. This ought not to be. Secondly, politicians who have soldiers attached to them and use the soldiers to disrupt the process are probably not among those who fought for democracy in this country. The idea of soldiers being used for political purposes is very dangerous. Under the Constitution, the government cannot deploy the military without going through the National Assembly.

  • When plea bargain becomes tough bargain

    In the past, lawyers saw plea bargain as soft landing for their clients. The reverse is the case today. They are having a rethink on plea bargain because it has become a tough bargain. This explains why some plea bargain talks involving high profile suspects may have broken down. JOSEPH JIBUEZE reports.

    In 2017, the Economic and Financial Crimes Commission (EFCC) filed criminal charges against a former Independent National Electoral Commission (INEC) Administrative Secretary, Mr Christian Nwosu.

    He was accused of receiving N30 million bribe from former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election.

    The EFCC arraigned Nwosu along with Yisa Adedoyin and Tijani Bashir before Justice Mohammed Idris (now of the Court of Appeal).

    They allegedly collected N264.88million bribe on March 27, 2015 from the former minister ahead of the election.

    After reaching a plea bargain agreement with the EFCC, Nwosu pleaded guilty during his arraignment.

    The deal

    EFCC said Nwosu refunded N5 million and surrendered title document of properties he acquired for N25 million in Delta State.

    The commission accepted the deal because Nwosu surrendered the value of the entire N30 million bribe he received, in addition to agreeing to pay an additional N500,000 fine.

    The agreement read in part: “That a fine in the sum of N500,000 is proposed to this court to be imposed on the first defendant upon his conviction on count seven of the amended charge.

    “That the first defendant shall within seven days after the payment of the fine imposed by this court enter into a bond with the EFCC never to be involved in economic and financial crimes within and outside the shores of this Federal Republic of Nigeria.”

    Plea bargain rejected

    On April 27, 2017, Justice Idris rejected the plea bargain agreement. He said it was not commensurate with the punishment for the offence.

    The judge said Section 270 (4a) (b) of the Administration of Criminal Justice Act (ACJA) provides that any plea bargain agreement ought to be “within the appropriate range of punishment stipulated for the offence”.

    Justice Idris said the prosecution and the defendant ought to propose a punishment within the range of the punishment stipulated in the law. “It is for the above reason that I find the proposal in paragraph four of the plea bargain agreement inadequate,” he said, adding that a “heavier sentence” was necessary.

    Unable to pay the N10 million fine required by law, Nwosu changed his plea to not guilty and underwent trial.

    He was eventually sentenced to seven years’ imprisonment.

    Tough bargains

    Plea bargain is an alternative means of disposing a criminal matter other than a trial. It is a negotiated arrangement between the defence and the prosecution endorsed by the court.

    Plea bargain may result in the defendant entering a plea of guilty to a lesser offence or receiving a lesser sentence.

    The Nwosu’s case showed how much the plea bargain regime has changed. Unlike in the past where such deals drew outrage, the laws have been amended while new reforms have been introduced.

    Unlike Nwosu, Adedoyin agreed in his plea bargain with EFCC to forfeit a parcel of land measuring 100ft by 100ft at Taoheed Road, Budo-Osho Village, Ilorin South Local Government Area in Kwara State.

    It was agreed “that a fine of N10 million is proposed to this Honourable Court to be imposed on him upon his conviction on count four of the amended charge”.

    It was further agreed “that in paying the fine of N10 million, the defendant shall raise a draft of N5 million in addition to the sum of N5 million already recovered from him”.

    Justice Idris held: “From the facts, the second defendant benefited in the sum of N28 million, which has been fully recovered by the EFCC. The property of the second defendant in Illorin has been recovered. According to the prosecution, this property is worth more than N25 million.

    “And a draft in the sum of N5 million has been recovered and surrendered to the EFCC. In essence, assets and cash in excess of N30 million have been recovered by EFCC.  It’s not in contention that the second defendant is both elderly and a first-time offender. Therefore, the court will temper justice with mercy…”

    Failed plea bargain talks

    Apparently due to the stringent requirements, some high profile plea bargain proposals have failed.

    Ex-Minister Akinjide

    Oloye Jumoke Akinjide, last February 6, told the Federal High Court in Lagos that she was holding settlement talks with the EFCC.

    The EFCC arraigned her along with a former Oyo Central Senatorial District Senator, Ayo Adeseun, and a Peoples’ Democratic Party (PDP) chief, Mrs Olanrewaju Otiti. They were accused of laundering N650 million.

    Akinjide’s lawyer Chief Bolaji Ayorinde (SAN) said the N650 million had been returned to the Federal Government. But the EFCC, through its lawyer, Nnaemeka Omenwa, rejected Akinjide’s offer for out-of-court settlement. He said he was instructed to turn down the proposal.

    “I have instruction to reject the proposal as it’s not in line with the provisions of the ACJA. Based on that, we’re ready to go on with the trial,” he said. The trial is still ongoing.

    Ex-NIMASA chief

    A former Nigerian Maritime Administration and Safety Agency (NIMASA) Acting Director-General Haruna Jauro, through his lead counsel, Babajide Koku (SAN), told the Federal High Court in Lagos that his client was exploring a plea bargain with the EFCC. It was after Jauro had pleaded not guilty to N304.1 million fraud.

    On the day the case was adjourned for report of settlement, Jauro’s other lawyer, Olalekan Ojo, said his client had withdrawn from the talks.

    Ex-Air Chief

    A former Chief of Air Staff, Air Marshal Adesola Amosu (rtd), charged with laundering N21 billion, had initially proposed plea bargain talks with the EFCC. A source in the commission said Amosu returned about N2.6 billion to the Federal Government.

    Chief Ayorinde, while arguing Amosu’s bail application before Justice Mohammed Idris, said his client had returned “collossal sums”.

    The court had once adjourned for parties to conclude plea bargain talks, but it failed. Trial is still ongoing.

    A departure from the past

    The recent developments with regards to plea bargaining is a clear departure from what obtained in the past.

    Igbinedion

    In 2008, the EFCC arraigned former Edo State Governor Chief Lucky Igbinedion at the Federal High Court in Enugu for alleged money laundering and embezzlement of N2.9 billion.

    In a plea bargain arrangement, the EFCC through its counsel Mr. Rotimi Jacobs (SAN), reduced the 191-count charge to one-count charge, with an agreement that Igbinedion would refund N500 million, three properties and pleaded guilty to the one-count charge.

    In line with the plea bargain, on December 18, 2008, Justice Adamu Abdul Kafarati (now Chief Judge of Federal High Court), convicted Igbinedion on the one-count charge.

    The judge sentenced Igbinedion to six months’ imprisonment or an option of N3.6 million. The verdict was seen by many as too lenient.

    Mrs Ibru

    Defunct Oceanic Bank Managing Director Mrs Cecilia Ibru, who was accused of stealing over N190 billion, also entered a plea bargain with the EFCC.  She was sentenced on October 8, 2010 after being convicted on 25 counts of fraud. She was ordered to refund N1.29 billion.

    After conviction, she served six months in “prison”, part of which she allegedly spent in a highbrow hospital. Critics saw it as a “slap on the wrist”.

    Balogun

    Former Inspector-General of Police Tafa Balogun also reached a plea bargain and was sentenced to six months imprisonment after forfeiting his assets.

    The Plea Bargain manual

    The Federal Government, in a bid to ensure that plea bargaining is not abused, sanctioned the production of the Plea Bargain manual, which guides prosecutors and judges.

    It was designed by the Presidential Advisory Committee Against Corruption (PACAC), chaired by Prof Itse Sagay (SAN).

    Section 2.0 (5) of the Plea Bargain Manual provides that suspects must forfeit everything they stole, including assets they cannot convincingly account for.

    The section says: “Consideration of a plea bargain or alternative method of disposal must be premised on the suspect or defendant forfeiting all the proceeds of his crime and/or all property not reasonably accounted for as being acquired by legitimate means.”

    The Manual, in sub-section six, also provides that all plea bargains must be “in public interest”.

    Other guiding principles provided in the Manual are as follows: “When considering plea bargaining or making decisions to dispose of a case by alternative means, the prosecutor or decision maker must be guided by some core principles: transparency, accountability, integrity, consistency, predictability and credibility.

    “The procedures followed should command public and judicial confidence; that any agreement reached is reasonable, fair and just; that there are safeguards to ensure that defendants are not under improper pressure to make admissions; and that there are proper records of discussions that have taken place.”

    Need for plea bargaining

    Speaking at a media workshop on plea bargaining, organised by the British Council through Rule of Law and Anti-corruption (RoLAC) programme, supported by the European Union, an Assistant Director in the Lagos State Directorate of Public Prosecution (DPP), Mrs Olubunmi Olugasa, said the concept was adopted in Nigeria’s criminal justice system in response to the need to reduce delays and decongest the prisons.

    According to her, criminal trials could go on for unduly long periods, so the concept of plea bargaining gradually evolved as a solution to the challenge.

    She said other factors that make plea bargaining acceptable included reluctance of crime victims to attend court out of fear, nonchalance or ignorance; absence of witnesses, and incessant transfer of police officers who are an integral part of the criminal justice system.

    Others, she said, are congestion of cause lists, which often results in inability of the judges to take some trials, resulting in frustration for witnesses; inadequate funding, which leads to poor facilities for crime investigation, poor incentives to official witnesses, and the antics of unscrupulous defendants who adopt all methods to delay trials.

    Mrs Olugasa said inadequate provision for witnesses (especially indigent ones), uncomfortable courtrooms, greedy court staff, among others, all contribute to the use of plea bargaining in disposal of cases.

    “The concept is most often used in stealing or fraud related offences and the reason for this is not farfetched. The criminal justice system generally did not provide for a return of stolen property but was perceived as being more interested in punishing the offender.

    “Offenders, who were found guilty, were either given custodial sentences, fines or both. The victim, therefore, loses his time and still loses his money (this is tragic especially where the government funds which could have been spent on societal infrastructure are lost).

    “The concept of plea bargain thus crept gradually into the adversarial system to solve some of the problems encountered in the administration of criminal justice,” she said.

    According to her, plea bargaining was introduced to ensure that stolen funds could be returned rather than having a prolonged trial that could end in an acquittal due to technical or other reasons.

    “The idea was to ensure that the society does not lose out totally, the defendant gets punished and in all, it is much of a ‘win-win’ situation. However, the agreed punishment need not be imprisonment.

    “It could be something as simple as some form of community sentence which would leave the offender feeling humiliated or at least humble and repentant. This also aids prison decongestion,” Olugasa said.

    She emphasised that through plea bargaining, an accused can avoid the time and cost of defending himself at trial, the risk of harsher punishment, and the publicity the trial will involve.

    According to Olugasa, the prosecution saves time and expense of a lengthy trial through plea bargaining, while both sides are spared the uncertainty of going to trial, as judgment could be unpredictable.

    Besides, the court system is saved the burden of conducting a trial on every crime charged, she added.

    “I am of the humble opinion that the concept of plea bargaining is not ‘evil’ but only needs to be tamed.

    “Like a wild horse, if properly groomed and guided, it could win races that would otherwise have been impossible to win.

    “The Nigerian society is a peculiar one but we are gradually adapting the concept to meet our peculiar needs. I believe the concept is here to stay,” Olugasa said.

    Recognised by law

    Section 75 of the Administration of Criminal Justice Law of Lagos State 2011 provides that the Attorney-General may “consider and accept a plea bargain from a person charged with any offence where he is of the opinion that the acceptance of such plea bargain is in the public interest, interest of justice and the need to prevent abuse of legal process”.

    Section 76 of the ACJL 2011 provides guidelines for plea bargaining.

    Section 76 (1) (a) provides for A guilty plea to the offence or a lesser one, while (1)(b) provides for appropriate sentence to be imposed by the court.

    Sub-section (2) requires a prosecutor needs to: (a) Consult with the I.P.O and the victim; (b) Give due regard to nature and circumstances of the offence, the defendant (e.g. is he a repeat offender), and the interest of the community.

    Section 270 of the Administration of Criminal Justice Act (ACJA) 2015 provides for the plea bargain and its requirements.

    The court’s role

    Justice Yetunde Adesanya of the Lagos State High Court, speaking at the workshop, said plea bargain could apply to all offences and be initiated by the prosecution or defendant.

    According to her, Section 75 of the ACJL 2011 was the first legislation to import and localise plea bargain into Nigeria’s criminal jurisprudence.

    Justice Adesanya said the courts must ensure that both public interest and the course of justice are served in the process leading to plea bargain agreement.

    She added that service to public interest and course of justice should be reflected in plea bargain terms.

    These, she said, could be achieved through the plea bargain protocol, plea bargain agreement checklist, considerations for authenticating and approving the agreement, application of the sentencing guidelines and the Practice Direction.

    “After arraignment, the court shall inform parties and counsel, in general terms, of the plea bargain provisions as contained in the law.

    “The presiding judge or magistrate shall adjourn the case for not more than 30 days to enable the parties to consider same and report their decision with respect to the plea bargain option,” she said.

    Adesanya said the rationale for informing parties immediately after arraignment is to draw the parties’ attention at the earliest possible opportunity to the options available to enable them opt for trial or plea bargain.

    The plea bargain agreement, she said, should be entered into with due regards to the nature and circumstances relating to the offence, the defendant and the interest of the community.

    “Where a plea bargain agreement is reached by the prosecution and defence, the prosecution would usually file an amended information or charge; the plea of the defendant is taken and, typically, he would plead guilty to the amended charge.

    “The prosecution shall inform the court that parties have reached an agreement; the court will then confirm from the defendant.

    “The court will inquire if the defendant admits the allegations to which he had pleaded guilty and whether he entered into the agreement voluntarily and without undue influence,” she said.

    Justice Adesanya said a judge or magistrate could impose the sentence agreed in the plea bargain, impose a lesser sentence, or impose an appropriate heavier sentence.

    In reaching a plea bargain agreement, the judge said the prosecution should consider the defendant’s willingness to cooperate in the investigation, his criminal history, his level of remorse and willingness to assume responsibility for his actions.

    It must also consider the likelihood of obtaining a conviction at trial and probable effect on witnesses, the need to avoid delays, the expense of trial and appeal, and the defendant’s willingness to make restitution or pay compensation where appropriate, among others.

    Other plea bargain considerations

    Justice Adesanya said the level of culpability, severity of offence committed, level of harm, whether the crime involves breach of trust or abuse of power, the defendant’s role (instigator or ring leader) and timing of plea (before or during trial) are among factors to be considered in agreeing a plea bargain.

    In all cases, she said it must be ensured that justice is served.

    “The plea bargain judgment must serve the same purpose as a judgment delivered after a full trial, i.e, deterrence from crime, not to be a pat on the back for the defendant. It must be ensured that the proceeds or profit of crime is not kept by the defendant,” she said.

    Highlighting the advantages of plea bargaining, Justice Adesanya said it not only saves time and cost, but eliminates the difficulty of proving certain complex cases, such as economic crimes committed across jurisdictions.

    “The advantages of plea bargain far outweigh the disadvantages or possible abuse. There are enough safeguards in the law to protect public interest, the interest of the victim of the offence and ensure that the course of justice is served,” she said.

    The judge called for more use of plea bargain option, urging lawyers to inform their clients about it timeously.

    Lagos State’s Guidelines

    A Senior Lecturer in the Faculty of Law, University of Lagos (UNILAG), Dr Akeem Bello, who was also a facilitator at the workshop, highlighted key provisions of the Lagos State Judiciary (Sentencing Guidelines) Practice Directions 2018.

    He said the Directions allows a discount of not less than one third of the applicable punishment prescribed by law where the defendant pleads guilty.

    “A defendant, who voluntarily pleads guilty is given discount of not more than one third of the punishment,

    “The process outlined in the Directions is that the offences are classified according to groups and similar rules apply.

    “Where a defendant pleads guilty to a plea agreement, the relevant provisions of the Directions apply in determining the punishment that the court will impose,” Bello said.

    The university don said after a plea bargain, the court is expected to deliver a reasoned judgment and sentence, setting out the justification for the sentence imposed.

    The judge is also expected to demonstrate how the Directions were used.

    In the Directions, sentencing is based on level of harm (serious harm, significant harm and limited harm).

  • Reps insist on Trade Minister’s appearance over N14b transfer to NEPZA

    The House of Representatives is insisting on the appearance of the Minister of Industry, Trade and Investment, Okey Enalamah because certain information on the Ministry’s 2018 budget spendings and 2019 estimates required his explanation.

    The Minister missed the budget session on Monday having been on official engagement outside the country

    While engaging the Ministry’s team led by the Permanent Secretary, Edet Akpan Sunday, the Sylvester Ogbaga-led House Committee on Commerce faulted the transfer of N14b to the Nigeria Export Processing Zones Authority  (NEPZA).

    The Committee  was not satisfied with the explanation given, asking if the fund was  appropriated, vired or warehoused in NEPZA.

    The Committee also expressed shock why a supposedly Public Private Partnership (PPP) arrangement to be ran by a private company  with 75 percent ownership had no financial commitment while the Federal government has paid it’s 25 percent or N14b fully.

    As a result, the Committee requested the Minister to appear before it with the Memorandum of Understanding  (MoU) as well as the shareholding structure and the modus operandi of the company involved.

    The Committee also expected the explanation of the Ministry’s team on ‘fresh’ recruitment of over 100 staff into the Ministry about three years ago without the knowledge of the parliament.

    Furthermore, the Committee was not convinced by the explanation of the Permanent Secretary on the allocation and spending of N250m by the Ministry on meetings, inspections and programs in 2018.

    The Committee became suspicious when another N250m was allocated to negotiations in 2019 budget estimates.

    The Committee said details, including names of officers and programmes involved in the 2018 travels and negotiations must be provided when the Minister appears before it.

    The allocation of another N250m  for commodity associations in the  2019 budget estimates was also questioned by the Committee

    In addition, the Committee wondered why the Ministry kept allocating funds for procurement of computers and buses among others on yearly basis.

    More worrisome to the Committee was the commissioning of the country’s Trade Development policy to consultants at millions of naira.

    The Committee wondered what the essence of the  Ministry’s  bureaucracy that supposed to be the repository of trade and commerce is if it could not develop the policy for the country.

    In his response, the Permanent Secretary, Sunday said the N14b was a decision of the Federal Executive Council  (FEC)  for the development of Export Processing zones to be executed by NEPZA.

    He said it was FEC’s decision that the private sector be involved and that the money has been transfered by the Federal Ministry of Finance.

    He also explained that, under  Zero budgeting, negotiations, meetings and programms like the Made in Nigeria products  campaign carried out by the Ministry, were provided for as recurrent capital expenditure.

    He also told the lawmakers that   N250m was not enough for the negotiations and meeting as logistics of officers involved, which are sometimes unplanned for  had to be taken care.

    The Committee stepped down most of the critical aspects of the budget defense and presentation till the Minster appeared before it.

  • Osinbajo, Falana, charge journalists on professional ethics

    Vice President, Yemi Osinbajo (SAN); rights activist, Femi Falana (SAN), publisher of Premium Times newspaper, Dapo Oloruyomi and former Commissioner of Justice and Attorney General, Borno State, Muhammed Monguno have asked journalists to be committed to ethical conduct and professionalism.

    Osinbajo, Falana Olorunyomi and Monguno argued, by upholding ethical conduct and professionalism, journalists would better serve the nation’s democracy by exposing societal ills and holding government and its agencies accountable.

    They noted that, where journalists abide by the rules of professional practice, they will also be able to avoid conflicting with the law.

    Osinbajo, Falana, Olorunyomi and Monguno spoke in Abuja on the opening day of. a “two-day workshop on legal and ethical issues in investigative journalism in Nigeria,” put together by the Daily Trust Foundation, Centre for Media Law and Development and MacArthur Foundation.

    Read Also: Osinbajo urges journalists to expose corruption

    The Vice President, who was represented by his media aide, Laolu Akande, noted the challenges recent development in media technologies and the social media now pose to media practice.

    He said

    “We are living in interesting times; and I would say the free press has arrived at its best possible time and also possibly its worst time.

    “It is the best time for the free press because the advent of digital technology and the internet continually shape the ultimate definition of freedom of expression.

    “Everyone of us here can have access to and even own a medium. Any medium of communication is available to us now.

    “This is moreso in the age of social media, where for pecuniary, political or whatever interests, fake news spread like wild fire, and facts are distorted by a few individuals leveraging on various media platforms to push outright misrepresentation into the public space.”

    Osinbajo stressed the need for media practitioners to be more thorough and ensure adequate verification of the information they push out for public consumption.

    He noted  that “recent events, including the past general elections – where fake news and unverified information were shared by many on different media platforms, and on social media especially – have also put a spotlight on the importance of investigative journalism and why our country needs this aspect of the profession more than ever.

    “This is because as gatekeepers, the press can also help in making government accountable by publishing information on issues that overwhelmingly serves the greater good of public interest.

    Osinbajo, who assured of the willingness of the Federal Government to provide a conducive environment for the media to operate, advised that media stakeholders ensure adequate internal mechanism for regulation within the industry.

    He noted that with self-regulation, adoption of ethical codes and understanding the legal issues guiding the journalism profession in Nigeria, media practitioners can help preserve media credibility, check fake news and also enlarge its investigative journalism space, which is becoming a dying art.

    “Journalists should strive to abide by the code of ethics in the practice of their profession, because without adhering to a code of ethics, investigative journalism, or any profession at all, would not thrive as much as it should.

    “Of course, we should always be conscious of over-regulation or infractions of the freedom of the press or freedom of information. It is important that self-regulation is robust enough to prevent a situation where government or formal establishments pass laws and regulations of the trade.

    “I think once self-regulation is robust enough, it is easier to then make the case that we should not have government regulation.

    “As a government, we will continue to play our part in providing conducive environment for the practice of good journalism and ensuring the safety of journalists wherever they find themselves in the line of duty.

    “While freedom of speech and expression cannot be censored, it behooves on the investigative journalist to abide by the journalism code of ethics in carrying out his/her responsibilities.

    “This include observing strictly to the time-tested journalistic values of honesty, independence, accuracy, fairness, objectivity, credibility, balance and public accountability.

    “On the legal standpoint, investigative journalists should discharge their duties without infringing on the fundamental rights of an individual or having unauthorized access to information that may put the journalist at the risk of criminal prosecution or going against the laws of the land.

    “In all, the greater good should far outweigh any other reason for embarking on investigative reportage. Adhering to the ethics of the profession would help in avoiding the pitfalls of legal challenges,” Osinbajo said.

    Falana, who gave many instances where he had assisted journalists and media organisations avoid being sanctioned, encouraged media practitioners to remain committed to their trade.

    He said while the nation’s democracy desires a virile media, the practitioners must be conscious of relevant legal provisions to enable them effectively discharge their professional responsibilities without conflicting with the law.

    Falana, who identified existing laws that are not media friendly, admonished media houses and journalists to avoid practices that could expose them to liability.

    He condemned the practice where criminal suspects are paraded before television cameras, a practice he said has been criminalised under the Anti Torture Act, 2017.

    Olorunyomi, who identified the many changes in the nation’s media landscape and journalism practice, stressed the importance of investigative journalism.

    He urged journalists to always be conscious of the need to uphold professional  ethics if they want to be respected and taken seriously.

    Monguno stressed the relevance of investigative journalism, which he said must be practised with strict adherence to the ethics of the profession.

    He advocated continuous training for journalists, particularly laws relating to the regulation of the industry.

    Monguno argued that there was the need for the inclusion of representatives of the media industry on the Cybercrime Advisory Council.