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Tag: Wale Babalakin

  • Babalakin: A vocal visionary

    If the people are ignorant of the government’s responsibility, the government should not be ignorant of its responsibility.  It is interesting that an important observer asserted:  “When we break down the issues, we’ll see that what we are suffering from in this country is very deep level of ignorance.” The speaker, Resort Group Chairman Dr Wale Babalakin (SAN), said this at the June 20 annual lecture of the Chartered Institute of Bankers of Nigeria (CIBN) in Lagos. He spoke on the theme “Infrastructure Development and Growth in Nigeria: Prospects and Challenges.”

    Babalakin argued: “In the course of the evolution of the country, we got our educational system wrong. So you have a system of education that doesn’t teach people what they should be asking for. They don’t even know what their rights are. You can go through primary, secondary school and university today without knowing that it is important to have a clean environment. You could go through these whole processes and not realise that government owes you anything. You could go through these without knowing that it is fundamental to building a society that we all learn to tell the truth and you say you want to develop infrastructure. Where do you start from?”

    He illustrated the problem with an anecdote: “Last week, I had a meeting somewhere in Surulere on Ajao Street. I got there at about 1:30pm. The water level was about one and a half feet and I saw students returning from school rolling up their trousers and wading through the water. I saw mothers doing the same thing and they were smiling all the way because really, they don’t believe it’s anybody’s responsibility to ensure that the place is drained. They believe it is their lot that they found themselves there and God can by miracle take them out and they would not look back. They would expect the other people too to go and pray to God to take them out of the situation. When you have that level of lack of demand or any form of entitlement, how do you begin to drive the system? How do you start?”

    It is significant that a few days before Babalakin’s lecture, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had launched an investigation into N900b constituency projects in states. The probe seeks to verify constituency projects executed by immediate past senators and members of the House of Representatives in the 8th National Assembly between 2015 and 2018. The verification will involve 180 key projects in the 36 states, with at least five projects identified for tracking in each state. The first phase will be conducted in 12 states across the six geo-political zones of the country: Kogi and Benue (North-Central); Adamawa and Bauchi (North-East); Sokoto and Kano (North-West); Imo and Enugu (South-East); Lagos and Osun (South-West); and Akwa Ibom and Edo (South-South).

    A report said the commission “will make recoveries on projects/contracts confirmed to have been inflated or in which contractors underperformed or did not perform at all.”  ICPC Chairman Prof. Bolaji Owasanoye said: “The level of implementation of constituency projects in 16 focus states for 2015 is revealing. Out of 436 constituency projects for the year that were tracked, 145 were completed, 77 ongoing while 211 were not executed at all. For 2016, out of a total of 852 constituency projects in 20 states in the 2016 Budget that were tracked, 350 were completed, 118 were ongoing, 41 locations not specified in the budget and 343 not done or performed. In 2017, a total of 1,228 constituency projects in the budget were tracked for performance as at June 2018. Out of these, 478 were completed, 173 in unspecified location, 200 ongoing, 13 abandoned and 364 not started. The level of performance of constituency projects is therefore disputable.”

    In summary, about 2, 516 projects were tracked between 2015 and 2017; 918 were not done, 395 were ongoing and 214 could not be located. Owasanoye added: “Constituency projects are intended to be developmental, such as provision of water, rural electrification, rural clinics, schools, community centres and bursary for indigent students. In the light of annual budgetary allocations to constituency projects and based on actual releases by the government, it is firmly believed that the impact of constituency projects on the lives of ordinary Nigerians ought to be more visible…The concern is that in Nigeria, rather than address the needs of constituents, many constituency projects have become avenues of corruption.”

    This picture highlights the relevance and significance of Babalakin’s observations in his CIBN lecture.  The probe is commendable. But it means that constituency projects before 2015 may never be probed. This is why Babalakin’s conclusion that public ignorance about the government’s responsibility is responsible for the country’s infrastructure deficit deserves attention.  What did affected constituents do about undelivered constituency projects? Could they have done something? If they did nothing, why was that the case?

    A big player in the business world, Babalakin is a big promoter of public-private partnership (PPP), which has helped infrastructure development in other countries.  In 2016, at the Nigerian Economic Summit in Abuja,  Babalakin had listed the enemies of public-private partnership in Nigeria: the attitude of the government, lack of respect for sanctity of contracts and the rule of law, lack of investor security, corruption and malice.

    Not surprisingly, in his CIBN lecture, Babalakin shared some of his group’s experiences regarding the Murtala Mohammed Airport Domestic Terminal 2 (MMA2) and the Lagos-Ibadan Expressway.  He said MMA2 “was built against the run of play, those who gave us the project did not want the project completed… How do you cope with that?”  He continued: “It’s been 12 years since we completed MMA2 and no government… has done anything comparable. This is because infrastructural development is… about serious commitment and a lot of intellectual rigour.”

    ”The Lagos-Ibadan expressway project is unthinkable,” he said.  ”We signed the contract in 2009 to design, build, operate and transfer… they terminated the concession for lack of performance without disclosing to the public that they had held us down for 22 months.”  Babalakin added: “It is sad that seven years after the project was cancelled, the road is only 40% ready. They are building 40% of what we wanted to build and the project has no design. It is just a repeat resurfacing of the 1977 road. The architecture of that place has changed phenomenally since 1977 and our design accommodated all the changes… Our total cost was N112b. Now, over N350b has been spent on 40% of what we planned to build and they are still at 40%.”

    Babalakin, who turns 59 today, is a vocal visionary. Nigerians need to demand that the government should play its role responsibly.

  • GCIOBA ’89 set holds reunion, dinner

    The 1989 set of Government College Ibadan Old Boys Association (GCIOBA) will hold its 30th anniversary dinner and reunion between June 21 and 22 at the school ground in Ibadan.

    The new-look school gate, which was renovated by the ’89 set will be launched by the National President of GCIOBA and Pro-Chancellor of University of Lagos, Dr. Wale Babalakin.

    Read Also: Old students’ association to visit Oyetola on improving education standard

    A statement by the set president, ‘Segun Onayinka, said other activities lined up for the anniversary include an inspiration day, students’ and teachers’ award, Jumat and thanksgiving service, annual family day and dinner.

    Chairman of Ibadan chapter Femi Babalola will also grace the event.

  • ASUU Strike paralyses Academic activities in UNIBEN

    As the strike action embarked upon by the Academic Staff Union of Universities (ASUU) enters its third day, academic activities at the University of Benin (UNIBEN) in the Edo state capital have been paralysed.

    A Correspondent who monitored the compliance level and the effect of the strike on lecturers and students in Benin on Wednesday observed that the institution was unusually empty, as only a few persons were around the campus.

    The institution’s ASUU chairman, Prof Julius Iyasele, who spoke with, said that government’s insensitivity to the plight of Nigerians and public tertiary institutions in the country prompted the strike.

    Iyasele disclosed that other reasons for the strike were the under-development of tertiary institutions, the revitalization of the country’s education system, insecurity in the country, as well as the non-implementation of a previous agreement reached between the union and the federal government.

    He stressed that the government, after reaching agreement with the union, later reneged, adding that the union was now prepared to implement the Ghana model of not returning to work, until government does the needful.

    The UNIBEN ASUU chairman said that in most countries of the world today, tertiary education was free, as education was a public good and the pivot of every developing nation.

    “But here in Nigeria, we see a situation where government wants to take education beyond the reach of the common man.

    “The UNESCO budgetary standard for education is 26 per cent, but in Nigeria, we have moved from nine per cent in 2011 to six per cent, and we are saying no, we cannot continue like this.

    “The government wants public universities pauperized so that private universities can flourish, because most of them in government are proprietors of private universities.

    “For instance, Dr Wale Babalakin, the leader of the government negotiating team is building a private university; that is why he is fixated that government can’t fund tertiary institutions, and that is why ASUU is saying that Babalakin must step down as a representative of government,’’ he said.

    He, however, said that it was sad that government’s insensitivity was causing a setback to students and parents, adding that clearance for new students for the new academic session ought to have commenced on Monday at UNIBEN.

    “But we h ave directed all the students to go home, and they have gone home.’’

    Meanwhile, Mr Sunday Ogheneyore, a 400-level Economics and Statistics student at the institution has lamented the ongoing strike.

    According to him, “I am supposed to be doing my project work, but I can’t do that now due to the strike. The irony is that I don’t even know when it would be called off.

    “As it is now, I don’t know whether to go get a job somewhere and be working first or not,’’ he noted.

    Similarly, Miss Jacinta Ikediuwa, another student of the institution, said it was sad that government was playing politics with the education and the future of her youth.

    ASUU announced an indefinite nationwide strike on Monday over the non-implementation of its memorandum of Action (MOA) signed with the Federal Government.

    The association’s National President, Prof. Biodun Ogunyemi, said the strike would involve all federal and state-owned institutions.

  • Babalakin: foreign firms taking Nigeria for granted

    Foreign firms lack the “emotional capital” required to develop Nigeria’s infrastructure, the Chairman of the Resort Group and Pro-Chancellor of the University of Lagos (UNILAG), Dr Wale Babalakin (SAN), has said.

    Babalakin spoke at the 60th anniversary/eighth fellowship conferment lecture and ceremony of the Nigerian Society of Engineers (NSE) in Abuja, the nation’s capital.

    Delivering a lecture, titled: Constraints of Implementing Infrastructure Projects through Public Private Partnership (PPP), the eminent lawyer urged Nigerian engineers to sit up and insist on “certain parameters and minimum quality of work”.

    He noted that most of the things foreign firms do in Nigeria are those they cannot suggest in their countries.

    Using the Lagos-Ibadan Expressway as a case study, the lawyer said the contractor, Julius Berger PLC, was just resurfacing the road.

    According to him, the work done is “completely inappropriate and outdated”.

    Babalakin said: “The road cannot accommodate the geographical growth that has taken place on the road since 1977. This includes the emergence of towns like Ibafo, Isheri, Mowe and the Redeemed Church Camp. The road with the heaviest traffic in Nigeria is being built without the necessary accompanying facilities. Julius Berger is constructing a road in Nigeria that it can never contemplate building in Germany.

    “Our (Bi-Courtney Highway Services Limited, BHSL) design provided for entry and exit to these towns without obstructing the flow of traffic on the expressway. We realized that simply resurfacing the road as is being done now by the Ministry of Works is a disservice to Nigeria. The reason given for the termination of BASL’s concession, which is the need to complete it expeditiously, has not been realized six years after. Nigerians continue to suffer on that road till date.”

    He explained that no government has enough money to provide for all the needs of its people, noting that private investors must be encouraged to build sustainable projects so that the limited government resources can be used for other areas which are not commercially viable.

    “The mindset of the average Nigerian when a Nigerian invests in infrastructure is that he’s taking government money away and that mindset must be corrected. We built the Murtala Muhammed Airport Terminal 2 (MMA2) and we’ve been running at a loss for the past 12 years but to the undiscerning person, who does not know the cost of putting that infrastructure in place, we are making a lot of money”, Babalakin added.

    Urging the government to be consistent and respect agreements reached with investors, Babalakin said anytime the government violates the terms of a contract, the investor’s banker panics, his cost of borrowing increases, his marketability reduces and he will have to pass it on to the project.

    Giving example of the Victoria Garden City (VGC) in Lagos, Babalakin said the project was initially designed for mid-income earners but owing to incessant challenges from the Lagos State government and the unfriendly environment to the investors, the project cost increased and the houses became unaffordable to mid-income earners. He said the housing crisis in Lagos would have been non-existent if the system was investor-friendly.

    On his experience at MMA2, Babalakin said: “As soon as we completed the project, our partner, the Federal Airports Authority of Nigeria (FAAN), started violating the terms of the agreement. It began to run another terminal next door to us, taking away 60% of our traffic, totally disrupting our cash flow and making it extremely difficult for us to meet our obligations on the project. FAAN created a new terminal, now known as the General Aviation Terminal (GAT).  The grantor of a concession is using government money to compete with his concessionaire/private capital for the same traffic. This is an unfair scenario and very discouraging to investors.

    “We went through hell. We were paying back the bank N1.8b per quarter and we were generating N300m per quarter because of the violation of the agreement. So we were seeking N1.5b from other sources which is something I don’t wish on my enemy.

    “If we had been allowed to continue our vision in Lagos, we would have completed Phase 2 of the terminal, which has been fully designed. We also offered to build an Independent Power Plant (IPP) at the airport long before the government contemplated privatizing power. We had planned to provide power for the entire airport complex including the International Airport and the Airforce Barracks. The powers that be did not accept our proposal but proceeded to spend more money than the cost of our IPP on buying generators, which consistently breakdown, causing an embarrassment to the nation because of power failure at the International Airport.”

     

  • Osinbajo to Nigerians: Insist on leaders with character, integrity

    *Rule of law pillar of democracy, say CJN, Babalakin

    Vice President Yemi Osinbajo (SAN) on Thursday urged Nigerians to insist on leaders with character and integrity.

    He said good governance would be impossible without the right people in power.

    The Vice-President spoke at the University of Lagos (UNILAG) Faculty of Law 2018 public lecture with the theme: The rule of law as panacea for peace, security and good governance in a democracy.                                                

    Chief Justice Walter Onnoghen, who delivered the lecture, and UNILAG Pro-Chancellor Dr Wale Babalakin (SAN), who chaired the event, said good governance and peace would be impossible without the rule of law.

    They also called for an independent judiciary and for court orders to be respected.

    Osinbajo, represented by Presidential Advisory Committee Against Corruption (PACAC) Executive Secretary Prof Bolaji Owasanoye, said each arm of government must fulfill its constitutional role for rule of law to thrive.

    He said: “The rule of law being the heartbeat of democratic governance, we must accept that obeying the law will promote peace, security and ultimately good governance.

    “The rule of law is the principle of governance in which all parties are accountable to laws that are enacted, enforced and independently adjudicated.

    “It is one of the sacred constitutional doctrines that require taking necessary measures to ensure accountability, fairness in the application of law, avoidance of arbitrariness and procedural and legal transparency.”

    According to him, if the triad of government fails to fulfill their constitutional mandates, the aspirations for peace and security would be a mirage, everyone is victimized and the society pays the price.

    “Irrespective of the composition of government and the dominance or otherwise of one political party controlling the executive or the legislature, the triad of the executive, the legislature and the judiciary will work together as a cooperative government in order that the expectations of the people for good governance is not dashed, because what the people want is good governance.

    “The first step to achieve the goal set by the theme of this lecture is the proper evaluation of the character and the integrity of the persons elected or appointed to positions of authority in all the arms and levels of government. If we’re able to get this basic issue right, we’re closer to our dream of peace, security and good governance in our democracy.

    “Failure at this level implies that the foundation has been destroyed, therefore leaving the righteous with the difficult if not an impossible task of building something from nothing.”

    Read Also: No basis to compare APC with PDP, says Osinbajo

    He called for citizen involvement, saying: “For us to build a nation of our dreams, the citizens must also sucritinise the actions of those elected or appointed with objective and non-partisan mindset.”

    Osinbajo praised the CJN for taking pro-active measures towards strengthening the judiciary.

    Chief Justice Onnoghen said the observance of the rule of law was a pre-requisite for peace, security and good governance in a democracy.

    He regretted that the rule of law was “disregarded” by past administrations, while powerful individuals acted above the law.

    The CJN said: “It is quite discouraging that the rule of law has over time been disregarded in Nigeria and successive administrations have continued to show total disdain for its development.

    “Hence, it will not be improper or out of place to conclude that without improvement on the observance of the rule of law, it will be impossible for Nigeria to experience peace, security and good governance.”

    Chief Justice Onnoghen was of the view that security was critical for national cohesion and sustainable development.

    “Any government that is against the enthronement of the rule of law is by implication inviting anarchy into the system. A democratic government must not only obey the law but also courts’ orders,” he said.

    The CJN believed Nigeria urgently needed “a vibrant and independent judiciary” that must “at all times frown at any interference from other arms of government” while guaranteeing access to justice for all.

    According to him, the court system must be truly independent, accountable, efficient, impartial, accessible and credible, adding that the courts expect the utmost respect of the law from the government that rules by the law.

    “The level of respect and obedience accorded by the citizens of any civilised democratic society to court orders, judgments and other judicial acts determine the level of development of the rule of law and consequently the maintenance of peace, order and public good in such a society or state,” Chief Justice Onnoghen said.

    Dr Babalakin emphasized that the rule of law could not thrive in the absence of an independent judiciary.

    “We’re still struggling to convince the entire society that it is to our mutual benefit that we have adherence to the rule of law. I’m relatively young in the system, but I’ve seen successive governments pay lip service to the rule of law.

    “They emphasize the rule of law when they’re in opposition, and capitulate as soon as they’re in government. Without the judiciary standing firm, only God knows where we would have been as a nation.

    “We’ve seen arbitrariness of the highest order; we’ve seen total disdain for other’s rights. But we cannot have the sort of judiciary we desire unless we make it a collective assignment,” he said.

    Addressing the CJN, Dr Babalakin added: “I congratulate you for standing firm in the face of serious aggression against the concept of an independent judiciary. You have taken a position that is commendable to all those who appreciate that we can only have the rule of law if it’s situated within an independent, courageous and well funded judiciary.

    “You have not allowed the convenience of the moment prevent you from pursuing your ideals. I have no doubt that by the time your tenure comes to an end, the Nigerian judiciary would have the platform for growth.”

    Dr Babalakin praised the law faculty for organizing the event, saying: “The faculty of law has set a pace and must be the envy of every other faculty in this university.”

    He said the faculty was living up to the ideals of its pioneer dean, the late Prof Taslim Elias.

    The faculty dean, Prof Ayo Atsenuwa, said the CJN was chosen in a bid to give the judiciary a voice.

    She said: “When we conceptualised the 2018 lecture, we wondered who could give us a momentous lecture in the sense that we wanted a lecture that would speak to the issues of the day. We thought: Why not give an opportunity to the judiciary to have their voices heard?

    “By tradition and the exigency of their job, they don’t speak publicly because they don’t want to pre-judge cases. But we also must hear from the judiciary. We thought: who better than the CJN? And we thought that other arms need to hear from the Judiciary.”

  • ICRC moves to resolve concession disputes between FAAN, MMA2

    ICRC moves to resolve concession disputes between FAAN, MMA2

    The Infrastructure Concession Regulatory Commission ( ICRC ) said on Monday that it will deploy everything within its ability to ensure the concession dispute between the Federal Airports Authority of Nigeria ( FAAN ) and Bi-Courtney Aviation Services is resolved.
    The Commission, which is saddled with the responsibility of monitoring and ensuring the efficient execution of all A Public-Private Partnership (PPP) projects entered  into by MDAs on behalf of the Federal Government said it has continued to engage Hadi Sirika, the Minister of State on Aviation since his  assumption of office on these challenges and believe they will be resolved soon enough in order to strengthen the relationship between the parties.
    Recall that the MMA2 and the Hotel and Conference Centre concessions awarded to Bi-Courtney Aviation Services Limited as a PPP project for the design, engineering, procurement, construction, completion, commissioning, operations and transfer has been  experiencing  several challenges.
    The terminal which took off in 2007 was given out in concession by FAAN, as representative of the federal government on Build, Operate and Transfer (BOT) basis, but while BASL insists that the concession agreement was for 36 years and that the General Aviation Terminal (GAT) belongs to the company in cognizance of the agreement, FAAN insists that it did not endorse 36 years for the concession but 12 years and that GAT was not part of the agreement.
    Speaking during a visit by the commission to MMA2, yesterday, Chidi Izuwah, acting Director General ICRC said he was aware of the challenges between the both parties adding that “We want to listen to both parties as an independent regulator, we want to physically access the situation and challenges on ground in order to Bette appreciate the positions by FAAN and Bi-Courtney and thereafter suggest possible line of action in resolving these issues.
    “We are interested in having an update from the parties on the performance of the related projects; we want to understand the challenges facing the operators, as well as the grantor of the contracts and the various steps taken towards resolving these challenges; we want to hear from the parties their requests to the government in ensuring the projects are efficiently implemented for the overall benefits to the government.”
    Also speaking during the visit, Wale Babalakin, Chairman , Bi-Courtney Aviation Services said if Nigeria intends to encourage private sector participation in the infrastructural development of the country it must abide by international regulations; government and its agencies must respect and abide by concession agreements.
    Babalakin denied the allegation that it was Bi-Courtney that drafted the concession agreement and also noted that the company was not the winner of the concession, but Royal Standerton, which was the preferred bidder; however, Bi-Courtney inherited the concession when the later could not meet the pace of work expected by the federal government.
    Also speaking on behalf of FAAN, Monica Alphonse, the Deputy General Manager, Public Private Partnership, said that GAT has never been part of the concession agreement and that the monopoly status that stated that no other airport terminal should be developed during the course of the concession period by BASL may have taken cognizance of the fact that the concession was for 12 years.
    Alphonse described such clauses that gave BASL such advantage as antitrust and pro-monopoly, adding that the agreement should have been renegotiated if the concession was designed for 36 years and noted, that “such agreement is repugnant to natural justice.”
    She said that FAAN was willing to ensure that the problem between it and BASL over the concession was resolved. BASL officials also spoke in the same vein.

  • FG tasks governing council of 23 federal universities on funding

    The Minister of Education, Malam Adamu Adamu has urged the newly inaugurated governing council of 23 federal universities to look inward to broaden the Internally Generated Revenue Base (IGR) of the universities.

    Adamu gave this advice on Tuesday in Abuja at the inauguration of the reconstituted governing board of the universities.

    He also called on the councils to look inward to broaden the Internally Generated Revenue Base (IGR) of the universities with a view to support the universities.

    According to the minister, the governing council should annually review the university budget to monitor its performance and assess the overall impact of its implementation.

    “In view of the current economic situation in the country, I call for the prudent management of the scarce resources while efforts should be intensified to broaden the Internally Generated Revenue Base of each university.

    “You should also ensure the judicious application of revenues so generated,’’ Adamu said.

    The minister also called on the council to be agents of change by seeing to it that every act of corruption was avoided in their various universities.

    “You should join the crusade of the Federal Government in the fight against corruption, by making this fight visible in the universities.

    “As seasoned and successful individuals in the public, private sectors and in your various professions, you will be expected to live above board in the discharge of your duties.

    “ Any corrupt practices by councils including condoling cases of indiscipline by staff, is bound to have a destructive effect on the system and on the products of the system, hence must be avoided,’’ he said.

    He, however, urged universities management to support the governing councils as they implement policies and decisions of the council.

    In his address, Prof. Abubakar Rasheed, the Executive Secretary, National Universities Commission called on the councils to display a high sense of commitment in the discharge of their duties.

    Rasheed, who emphasized the role of the council in the development of universities, said the commission would continue to support the councils to achieve its desired result.

    “NUC appreciates the critical role of the governing council in the development of Nigerian universities.

    “The NUC will continue to make itself available to ensure that it succeeds in its task and to succeed, every one of you should display a high sense of commitment, teamwork and dedication no matter the challenges,’’ he said.

    Also, Hon. Suleiman Aminu, Chairman, House Committee on Tertiary Education and TETFund stressed the need for the councils to synergise with Vice Chancellors of the universities to ensure unity of purpose.

    Aminu promised to work with the legislature to ensure that universities were properly funded, adding that the various leakages in the universities must be blocked.

    The News Agency of Nigeria (NAN) reports that President Muhammadu Buhari sometimes in April constituted the chairmen of governing councils of these universities.

    The selection was made in cognizance with provisions of the respective legislation with respect to composition, competence, credibility, integrity, federal character and geo-political spread.

    Those inaugurated are: Amb. Nimota Akanbi, Abubakar Tafawa Balewa University, Bauchi, Mukhtar Mohammed, Ahmadu Bello University, Zaria, Prof. Ibrahim Gambari, Bayero University, Kano, Sen. J.N. Waku, Federal University of Technology Akure and Prof. Shehu Zuru, Federal University of Petroleum Resources, Effurun.

    Others are, Prof.  Federal University of Technology, Minna, Prof. John Ofem, Federal University, Owerri, Mr Muhammad Zayyanu, Michael Okpara University of Agriculture, Umudike and Mr Bukar Zarma, Modibbo Adama Univrersity of Technology, Yola.

    Also to head are, Aziz Bello, Nnamdi Azikiwe University, Awka, Sani Maikudi, University of Abuja, Dr Aboki Zhawa, Federal University of Agriculture, Abeokuta, Prof. Alkassum Abba, University of Agriculture Makurdi and Isah Ashiru, University of Benin.

    Others are, Sen. Nkechi Nwogu, University of Calabar, Joshua Waklek, University of Ibadan, Dr Jibril Oyekan, University of Ilorin, Tony Momoh, University of Jos, Dr Wale Babalakin, University of Lagos and Prof. Biodun Adesanya, University of Maiduguri.

    Also in the group are, Mike Olorunfemi, University of Nigeria, Nsukka, Prof. A.C. Awujo, University of Jos and Hon. Pearl Enajere, Usman Danfodio University, Sokoto.

     

  • Babalakin faults appointment of SANs to Supreme Court

    A Senior Advocate of Nigeria (SAN), Wale Babalakin, on Thursday faulted the proposed appointment of SANs and other lawyers to the Supreme Court.

    “Such a privilege is for very exceptional people, and there are very few around,” he told journalists.

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, had invited the Bar to nominate lawyers for appointment as Supreme Court justices, following which the Nigerian Bar Association (NBA) shortlisted nine persons, including six SANs.

    But Babalakin, who delivered the 10th memorial lecture in honour of Kehinde Sofola (SAN), said the legal system should rather be structured in a manner that only very gifted lawyers aspire to judicial appointment, adding that it is the only way to provide justice according to law.

    He believes lawyers who are appointed straight to the Supreme Court come once in a life time, and are of exceptional intellect.

    He said such appointments are not meant for “pedestrian advocates,” adding that it would kill the moral of brilliant judges at the lower bench.

    Babalakin said: “The fact that you are a good lawyer doesn’t necessarily mean you will be so exceptional as to be a Supreme Court judge.

    “The protagonists of this proposal mentioned some names that had made it to the Supreme Court directly from the Bar. For example Dr. Teslim Elias’s curriculum vitae speaks for itself.

    “Another judge that was appointed directly to the Supreme Court in another jurisdiction is Mr. Justice Jonathan Sumption. Jonathan Sumption took a first class degree in Medieval History from Oxford University.

    “These are the caliber of men who can make a claim to a direct appointment to the Supreme Court of any country. They come once in a life time.

    “This hop, step and jump is not meant for every pedestrian advocate who has nothing to show than a prolonged stay in the courts with relative lack of distinction.

    “If you are considered so gifted, an exception can be made for a few appointments to the Courts of Appeal where, if you now distinguish yourself, you can be given an accelerated promotion to the Supreme Court.”

     

  • Buhari picks new team to renegotiate FG – ASUU agreement

    Buhari picks new team to renegotiate FG – ASUU agreement

    President Muhammadu Buhari has approved a 14-member Federal Government team to renegotiate the 2009 agreement with unions in federal universities, federal polytechnics and federal colleges of education in order to ensure sustainable peace and industrial harmony in the nation’s tertiary institutions.

    The Minister of Education, Mallam Adamu Adamu, in a statement issued by the ministry in Abuja on Friday, said the renegotiation team would dialogue with the Academic Staff Union of Universities (ASUU), Senior Staff Association of Nigerian Universities (SSANU), National Association of Academic Technologists (NAAT) and Non Academic Staff Union of Associated & Allied Institutions (NASU).

    The new team is headed by Dr. Wale Babalakin, a Senior Advocate of Nigeria (SAN).

    Babalakin, who was adjudged the best pro-chancellor at the time of the negotiations in 2009, headed the agreement implementation committee then.

    The government team comprises the following:

    • Wale Babalakin, SAN; (Chairman)
    • M.M. Jibril, Pro-Chancellor, Federal University, Lafia
    • Nimi Briggs, Pro-Chancellor, Federal University, Lokoja
    • Senator Gbemisola Saraki, Pro-Chancellor, Federal University, Otuoke
    • Lawrence Ngbale, Pro-Chancellor, Federal University, Birnin Kebbi
    • Prince Alex Mbata, Pro-Chancellor, Imo State University, Owerri
    • Olufemi Bamiro, Pro-Chancellor, Tai Solarin University of Education, Ijagun
    • Representatives, Federal Ministry of Education
    • Representative, Federal Ministry of Labour & Employment
    • Representative, Federal Ministry of Finance
    • Representative, Federal Ministry of Justice
    • Representative, Federal Ministry of Budget & National Planning
    • Representative of the National Salaries, Incomes & Wages Commission (NSIWC)
    • Representative of the Office of the Secretary to the Government of the Federation (OSGF)

    Meanwhile, Buhari has also approved the reconstitution of the governing councils of university of Port Harcourt and Obafemi Awolowo University, Ile Ife, which were dissolved following the recent crises that engulfed the two institutions.

    The new governing councils would serve for a term of four years, in the first instance, effective from December 28, 2016.

     

     

     

     

  • FAAN hindering development of MMA2 – Babalakin

    FAAN hindering development of MMA2 – Babalakin

    The Federal Airport Authority of Nigeria (FAAN) should be held responsible for the stunted development of Murtala Mohammed Airport 2, the Chairman Bi- Courtney Group Nigeria Limited, Wale Babalakin said Thursday.

    Babalakin, who spoke at the ongoing 4-day public Hearing by the Nkiruka Onyejeocha- headed  House committee on Aviation in Abuja also alleged that FAAN has refused to pay damages of N132 billion to Bi- Courtney as ruled by Justice Olotu of the Federal High Court on the 3rd of March 2009.

    The judgement which was in favour of Bi- Courtney Limited required that FAAN relinquished GAT to Bi- Courtney as well as pay damages of N132 billion.

    He said the Federal Airport Authority of Nigeria (FAAN) has violated and desecrated the principles of the Rule of Law failing to execute judgment made by the Federal High Court.

    Babalakin also said that FAAN delayed the development of the airport.

    Explaining the processes that culminated in Bi- Courtney getting the airport project, he said: “In 2000, after the old Lagos Domestic Terminal was destroyed by fire, FAAN advertised for a Design, Build, Operate and Transfer (DBOT) concession in two national newspapers which was given to Standerton but was unable to execute.

    “After 12 month, the BCL was invited as reserve bidder. BCL executed concession agreement with Federal Government and FAAN in April 2003 after two years of extensive negotiation

    ” FAAN provided an inadequate design that was a large warehouse, like the old Abuja Terminal. BCL, influenced by international standards especially South Africa, redesigned, and this was approved by the Ministry of Aviation.

    According to him, “the airport had in the approved design Hotel, conference Facilities, Mono Rail,Fuel Hydrant and Power plant but because of FAAN’s resistance, these projects were delayed.”

    He further stated that the process of the concession, which led to BCL taking over the burnt former domestic terminal of the Lagos airport to build the modern terminal was transparent.

    On the court case that gave his company the huge judgement benefit, he said: “FAAN did not defend itself properly at the court Bi- Courtney defended itself vigorously and won the case.

    “Sanderton was forced to discontinue against Stabilini Visinoni (SVL) and Bi-Courtney. FAAN lost the case. If any judgment was obtained against FAAN, it was due to poor conduct of its case. Bi-Courtney cannot be responsible for FAAN’s dereliction of duty.”

    He prayed the committee to urge FAAN “to comply with the laws of Nigeria; allow MMA2 to continue its development; complete the handover of GAT and the neighbouring plot already allotted to MMA2; commence the regional flights for which there is approval..”

    He further states: “We have an agreement on this issue and have spent a fortune inmcomplying with the requirements.”

    However, Monica Alphonse, who represented FAAN said the Agency was not part of the committee that examined the agreement.

    “FAAN was never involved, it never had a representative in signing the agreement so there is no way as far as FAAN was concerned that the committee existed.

    “When we constituted the agreement, GAT was not involved in the area given to Bi-Courtney. GAT never formed part of the concession. It cannot be handed over through a mere letter but has to be through a cogent agreement.

    Bi-Courtney’s agreement on the development of the airport was terminated by FAAN because the contract was delayed, Alphonse said.

    Her words: “Last year FAAN had an agreement with Bi-Courney on the termination and a new agreement was made but up till this day Bi-Courtney has not commenced work on that site.”

    Nkiruka Onyejeocha, chairperson of the committee explained that the need to review the concessions was part of the reasons for the hearing, adding that it would ultimately culminate in a better Aviation sector that will be a pride to the country.