Wednesday 30 June 2021

Bill Cosby sexual assault cases

American comedian Bill Cosby has been the subject of publicized sexual assault allegations and was convicted of aggravated indecent assault in 2018 before the conviction was vacated by the Supreme Court of Pennsylvania on June 30, 2021.[1] He has been accused by approximately 60 women of rape, drug-facilitated sexual assault, sexual battery, child sexual abuse, and sexual misconduct. The earliest incidents allegedly took place in the mid-1960s. Assault allegations against Cosby became more public after a stand-up routine by comedian Hannibal Buress in October 2014, alluding to Cosby's covert sexual misbehavior; thereafter, many additional claims were made. The dates of the alleged incidents have spanned from 1965 to 2008 in ten U.S. states and in one Canadian province.[2][3][4] Cosby has maintained his innocence and repeatedly denied the allegations made against him. He was asked about the allegations in November 2014 and responded, "I don't talk about it!"[5] He has declined to publicly discuss the accusations in interviews in the past, although he told Florida Today that "people shouldn't have to go through that and shouldn't answer to innuendos."[6] In May 2015, he said, "I have been in this business 52 years and I've never seen anything like this. Reality is a situation and I can't speak."[7] Following the allegations, numerous organizations severed ties with Cosby and revoked honors and titles previously awarded to him. Media organizations pulled reruns of The Cosby Show and other television programs featuring Cosby from syndication. Twenty-five colleges and universities rescinded honorary degrees.[8] Adweek reporter Jason Lynch noted that the "media landscape has changed considerably—and has now been joined by the far-less-forgiving social media arena."[9] Most of the alleged acts fall outside the statute of limitations for criminal legal proceedings, but criminal charges have been filed against Cosby in one case and numerous civil lawsuits have been brought against him. As of November 2015, eight related civil suits were active against him.[10][11] Gloria Allred is representing 33 of the alleged victims. In July 2015, some court records were unsealed and released to the public from Andrea Constand's 2005 civil suit against Cosby. The full transcript of his deposition was released to the media by a court reporting service. In his testimony, Cosby admitted to casual sex involving recreational use of the sedative-hypnotic methaqualone (Quaaludes) with a series of young women, and he acknowledged that his dispensing the prescription drug was illegal.[12][13][14] In December 2015, three Class II felony charges of aggravated indecent assault were filed against Cosby in Montgomery County, Pennsylvania,[15] based on allegations by Constand concerning incidents in January 2004. Cosby's first trial in June 2017 ended in a mistrial.[16] Cosby was found guilty of three counts of aggravated indecent assault at retrial on April 26, 2018[17] and on September 25, 2018, he was sentenced to three to ten years in state prison and fined $25,000 plus the cost of the prosecution, $43,611.[18] Cosby appealed on June 25, 2019 and the verdict was subsequently upheld and granted an appeal by the Pennsylvania Supreme Court.[19][20] On June 30, 2021, the Pennsylvania Supreme Court found that an agreement with a previous prosecutor prevented Cosby from being charged in the case, and overruled the conviction.[21] The Supreme Court's decision prevents him from being tried a third time.[22]

Bill Cosby: Performer leaves prison after court overturns sex assault conviction By Amy Coles

A court ordered that the 83-year-old be freed after serving more than two years of a three-to-10-year prison sentence Bill Cosby has left prison after a court overturned his sex assault conviction. The 83-year-old former stand-up comedian and actor walked free on Wednesday after serving more than two years of a three-to-10-year prison sentence in Philadelphia, Pennsylvania. Later he made a V-for-victory sign with his fingers outside his home in Elkins Park, Pennsylvania, while his team made statements on his behalf. One of his lawyers Jennifer Bonjean said: "We are thrilled to have Mr Cosby home. He served three years of an unjust sentence and he did it with dignity and principle and he was a mentor to other people. "He was doing the time - the time was not doing him." She added: "We knew all along he shouldn't have been prosecuted for this." Cosby himself later tweeted: "I have never changed my stance nor my story. I have always maintained my innocence.

Monday 28 June 2021

Why Nigeria hasn’t resumed flight to Dubai - Hadi Sirika By Faith Yahaya

The Federal Government on Monday explained why it has not resume flight to the United Arab Emirates (UAE). Aviation Minister Hadi Sirika gave the explanation during the briefing by the Presidential Steering Committee on COVID-19. He said Nigerian flights had not resumed to UAE because of the discriminatory protocol the Gulf country introduced. The minister said the protocol appeared to be targeted at only Nigerians, adding that it was not backed up by scientific reasons. ADVERTISEMENT Sirika also said Dubai was insistent that all passengers intending to visit the country must use Emirates airline or spend two weeks in the alternative carrier’s country before entering Dubai. The minister said talks were being held to resolve the matter. Giving an update of the matter, he said: “Emirates in particular and other airlines, including KLM, gave us some conditions that were not acceptable to us because they don’t make scientific sense. Read Also; ‘How ex-governors, others acquired 800 Dubai assets’ “After a review, some of the airlines, especially KLM, saw sense with what Nigeria presented, which is that you can do the test 48 to 72 hours before you leave and do another test on arrival. “Emirates, at that time, wanted us to do the test 48 hours before boarding and 48 hours is not yet the incubation time. And they expect us to do a rapid test at the airport and then fly seven hours later and still do another test in Dubai and then follow us to our hotel or our accommodation and do another test. “That dragged. In the interest of our people and cordial relationship, even though it is a commercial decision for the airline to take at any point in time, we ceded and accepted that we would do those tests that don’t make scientific sense to us at the expense of our people and our money. “We accepted what Emirates presented and proceeded, even though KLM and other airlines saw our reasons and rationale and toed the lines of Nigeria. “In this case, Emirates insisted again that in addition to the test on arrival and other tests, that Nigerians cannot fly to UAE except through Emirates airlines and that if we choose to do so through other airlines, like Ethiopia, Qatar, Turkish or other airlines, we must remain in the country of that airline for two weeks, if we are a Nigerian, before we continue to Dubai.” “Meaning that if I buy my ticket in a free market, which Nigeria and UAE practice, if I buy a ticket on Ethiopian Airline, that means I must remain in Addis Ababa for two weeks, whether I have a visa or not, before I proceed to Dubai. “So, they insisted that we must fly by Emirates, and majority of Nigerians are petty traders and the ticket of Emirates in this case may be higher than other airlines’.”

HOW FG WILL TAX PROFITS MADE BY GLOBAL TECH, DIGITAL GIANTS IN NIGERIA - OSINBAJO

STATE HOUSE PRESS RELEASE *VP explains enabling provisions in Finance Act *Interacting with Chartered Institute of Taxation members, Osinbajo says no tax increases contemplated for now *CITN to VP: We acknowledge your great zeal Nigeria is set to utilize its legal provisions that empower the Federal Government to collect taxes on profits made in the country by global technology and digital firms not based in the country, but with significant economic presence here. While the Federal Government will not be raising tax rates at this time, based on the Finance Act 2019, it is already empowered to widen the tax net, including by collecting taxes on the Nigerian income of global tech giants with significant economic presence here, even if they have not established an office or permanent establishment and are currently not paying taxes in Nigeria. In this regard, Section 4 of the Finance Act 2019, provides that “the Minister (Finance) may by order (of the President) determine what constitutes the significant economic presence of a company other than a Nigerian company.” Vice President Yemi Osinbajo, SAN, hinted at these issues and others while interacting with a delegation of the Chartered Institute of Taxation of Nigeria, CITN, led by its President, Mr Adesina Adedayo who visited him at the Presidential Villa on Friday. According to Prof. Osinbajo, “we have had severe economic downturns which of course implies that we may not be able to collect taxes with the aggressiveness that would ordinarily be expected. “I think the most important thing is that we must widen our tax net so that more people who are eligible to pay tax are paying. Several efforts have been made, and I am sure you are aware of the initiatives including the Voluntary Assets and Income Declaration Scheme (VAIDS) which was also an attempt to bring more people into the tax net, including those who have foreign assets.” Continuing, the VP said “we have also recently taken a step with respect to a lot of the technology companies that are not represented here but who do huge volumes of business here. “The Finance Act has shown that we are very prepared to ensure that these big technology companies do not escape without paying their fair share of taxation in Nigeria. Many of them do incredible volumes here in Nigeria and in several other parts of the region. “We have drawn up the regulations and we are prepared to go, and I think that we are at least in a good place to tap into some of the tax resources we can get from some of these companies.” Indeed, besides the FG, a recent Bloomberg news article reported that “Governments around the world are grappling with how to modernize their legal frameworks to account for the global reach of the digital economy, reshaping how policymakers think about issues as varied as monopoly power, taxation and workers’ rights.” Also, international talks are currently ongoing in Paris on global standard rules for governments to receive taxes from such digital and technology firms with significant economic presence in foreign countries. In Nigeria, according to the Finance Act 2019, a company will pay taxes if it “transmits, emits or receives signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems, or any other electronic or wireless apparatus to Nigeria in respect of any activity, including electronic commerce, application store, high-frequency trading, electronic data storage, online adverts, participative network platform, online payments and so on, to the extent that the company has significant economic presence in Nigeria and profit can be attributable to such activity. “If the trade or business comprises the furnishing of technical, management, consultancy or professional services outside of Nigeria to a person resident in Nigeria to the extent that the company has significant economic presence in Nigeria” Speaking further, Prof. Osinbajo noted that while the Federal Government has no plans to raise taxes now, there are those who argue that “our tax rates are too low, comparing us to other places in the region where the rates are much higher.” “So we have had to balance all of these issues because clearly, higher tax rates can be a disincentive to businesses and investments. In terms of domestic resource mobilization, we are trying to do the best we can given the present circumstances and I believe that there is room for improvement.” Actually, under the Finance Act 2019, the Buhari administration has reduced taxes for small companies – companies with less than N25 million in annual turnover are charged Zero Company Income Tax, CIT. Also CIT for Companies with revenues between N25 and N100m (described in the Act as “medium-sized” companies) has been reduced from 30% to 20%. Besides, Nigerians making minimum wage income are not to pay tax at all. Under the 2020 Finance Act there is also an exemption of small companies from payment of education tax under the Tertiary Education Trust fund (TETFUND)-meaning companies with less than N25m turnover are eligible Similarly, there is a 50% per cent reduction in minimum tax; from 0.5 per cent to 0.25 per cent for gross turnover for financial years ending between January 1st, 2020 and December 31st, 2021 INTERACTION ON OTHER ISSUES Welcoming the delegation, the Vice President emphasized the need for regular interaction between the council and government to address issues bothering on tax legislation, noting that “there is need for continuous engagement with the National Assembly because engagement with government cannot be a one-off thing.” Prof. Osinbajo added that the Federal Government has over the past few years, initiated programmes aimed at improving the growth of small businesses including the formalization of many of them. Under the Economic Sustainability Plan (ESP), there is a formalization of 250,000 businesses. He said the ongoing MSME Week has encouraged many businesses to register with regulatory authorities in order for them to benefit from the numerous programmes earmarked by the government for their growth. Earlier in his remarks, the President of CITN, Mr Adesina Adedayo, commended the leadership of the Vice President in the implementation of key government interventions in the economy, stating that “we acknowledge your great zeal and commitment to Nigeria project.” He said the visit became necessary given the enormous work the Buhari administration has done towards addressing the huge fiscal challenges in the polity, public financing reforms, and sustained efforts towards addressing infrastructural deficit across the country. His words: “the Nigerian Economic Sustainability Plan (NESP) and other measures implemented was a right response to the challenges posed by COVID-19 pandemic and were largely instrumental to creating buffers for the government at all levels in withstanding the pressures and waves created during the peak period and the aftermath of COVID-19. “It is important that we sustain measures already being implemented to improve tax collection at all levels.” Other members of the delegation included the Vice President of the Institute, Barrister Samuel Olushola Agbeluyi, past Presidents of the institute, Dame Gladys Simplice, and Dr. James Naiyeju, and Council members Prof. Muhammad Mainoma and Hon. Babangida Ibrahim. Mr. Adefisayo Awogbade, CITN Registrar/Chief Executive was also in attendance. Laolu Akande, Senior Special Assistant to the President on Media & Publicity Office of the Vice President 27th June 2021

Buhari Stuns Opposition, Releases Massive Completed, Ongoing Projects Across All Geopolitical Zones in Nigeria.

There is new and resurgent president in Nigeria, it may seem as Mohammadu Buhari and his men have suddenly woken up to their responsibility of not just developing Nigeria, but communicating the good works they’re doing. Here is a compilation of some of those developmental projects across regions. SOUTH EAST: 1. Rehabilitation of Sections 1 to 4 of the Enugu–Port Harcourt Expressway (Sukuk Bond) (ongoing) 2. Rehabilitation of Amansea–Enugu Border section of Onitsha-Enugu Expressway (Sukuk Bond) (ongoing) 3. Rehabilitation of 18km critical stretch of Onitsha–Awka Road (ongoing) 4. Construction of Second Niger Bridge: Completed design of the Approach Roads from Onitsha and Asaba; Award of Main Construction Contract to Julius Berger; and funding of the project by the Presidential Infrastructure Development Fund, PIDF. In August 2018 PIDF paid 33 billion Naira (US$90 million) to Julius Berger for the Second Niger Bridge project. (ongoing) 5. Rehabilitation of Arochukwu–Ohafia–Bende Road (ongoing) 6. Ariaria Market Electrification Project (The Federal Government is implementing its Energizing Economies Programme, which will bring stable and reliable electricity to all the 37,000 shops in Ariaria Market, by providing the Market with a gas-powered IPP) (ongoing) 7. Federal Government’s Energizing Education Programme is being implemented in Federal University Ndufu-Alike Ikwo, Ebonyi; and Nnamdi Azikwe University – Awka Campus, Anambra. The Programme will provide these Universities with an Independent Power Plant, as well as upgrade existing distribution infrastructure, and also provide street-lighting. 8. Completed Ikot Ekpene – Alaoji – Ugwuaji Switching Station and TransmissionLine 9. Construction of Modern Medical Diagnostic Centre at the Federal Medical Centre, Umuahia (FMCU) (ongoing) 10. Completed Nnamdi Azikiwe Mausoleum (contract originally awarded in 1996, abandoned at various times, Buhari Administration revived the project in 2016, and completed it in 2018). 11. Enyimba City Special Economic Zone: Definitive Agreements signed between Federal Government, Abia State Government and Enyimba City Development Company Limited on December 7, 2018 (ongoing) 12. Presidential Fertilizer Initiative – has led to the revival of the Ebonyi State Fertiliser and Chemical Company Limited (EFCCL), creating jobs and boosting the supply of fertilizer in the Southeast. 13. Social Investment Programme: 68,000 N-Power Beneficiaries across the 5 States of the South East; the School Feeding Programme has kicked off in all 5 States of the Southeast. 14. Pensions paid to Retired War-Affected (Ex-Biafran) Police: In 2017, the Buhari Administration paid 500 million Naira to clear pensions arrears that had not been paid since their presidential pardon in 2000 SOUTH WEST: 1. Rehabilitation and Expansion of Lagos-Ibadan Expressway: The project is now being funded by the Presidential Infrastructure Development Fund (PIDF) established by President Buhari in 2018 to fund critical infrastructure projects. (ongoing) 2. Rehabilitation of outstanding sections of Sagamu-Ore Expressway (ongoing) 3. Construction of 158km Lagos-Ibadan Standard Gauge Rail, with 10 Stations: Apapa, Ebute Metta, Agege, Agbado, Kajola, Papalanto, Abeokuta, Olodo, Omi-Adio and Ibadan. (ongoing) 4. Reconstruction of Apapa – TinCan – Mile 2 – Oshodi- Oworonshoki Expressway (commenced November 2018): This is the first full reconstruction of the Road since it was first constructed in the 1970s. 5. Dualisation of Oyo-Ogbomosho road (funded by the N100 billion Sukuk Bond issued by the Federal Government in 2017) (ongoing) 6. Rehabilitation of Lagos-Otta-Abeokuta Road (ongoing) 7. Rehabilitation of Ikorodu-Sagamu Road (ongoing) 8. Construction of US$10 million Cancer Treatment Center at the Lagos University Teaching Hospital (LUTH) (ongoing) 9. A $21 million project funded by the Japan International Cooperation Agency (JICA) — will stabilize power supply to more than 200,000 people in and around Apapa in Lagos State. The contract was signed between the Japanese and Nigerian Governments in November 2018. 10. Energizing Economies Programme – ongoing Electrification of Sura Shopping Complex (1,000 shops), Shomolu Printing Community (4,000 shops), Gbagi Market, Oyo (7,872 shops), Ita-Osun Market, Ogun (2,814 shops), Nnamdi Azikiwe Market, Lagos (3,091 shops), Balogun Market, Lagos (1,662 shops), Iponri Market, Lagos (1,305 shops), UMBC, Oyo (700 shops), Isikan Market, Ondo (277 shops), Bariga Market, Lagos (390 shops), Erinwe, Ogun (1,280 fish ponds) 11. Social Investment Programme: 96,000 N-Power Beneficiaries across the six States of the Southwest. School Feeding currently ongoing in 4 States of the Southwest: Oyo, Ogun, Ondo and Osun. SOUTH SOUTH: 1. Afam Fast Power Project: Construction of US$186 million, 240MW expansion for the existing Afam Power Plant (commenced in 2016, almost completed) 2. Dualisation of Yenegwe Road Junction-Kolo-Otuoke-Bayelsa Palm (Sukuk Bond) (ongoing) 3. Rehabilitation of Sections 1 to 4 of the Enugu – Port Harcourt Expressway (ongoing) 4. Construction of 120 billion Naira Bonny-Bodo Road in Rivers State, jointly funded by the Federal Government and the Nigeria Liquified Natural Gas Company Limited (NLNG) (ongoing) 5. Completed new Port Harcourt International Airport Terminal 6. Construction of East-West Road (ongoing) 7. Completed the 60km Alesi–Ugep Road in Cross River State; contract awarded for 72km section from Odukpani Junction to Ugep. 8. Rehabilitation of Calabar–Itu–Odukpani Road that links Akwa-Ibom to Cross River (ongoing) 9. Niger Delta New Vision (Federal Maritime University in Delta State licensed by NUC and commenced academic activities in 2018; Modular Refineries in Delta, Rivers and Akwa Ibom States; Ogoni Clean Up in Rivers – ongoing) 10. Financial Close for Azura Power Plant in Edo State: The necessary Federal Government approvals for this US$900 million private sector investment were given by President Buhari, paving the way for financial close in December 2015, and the commencement of construction in January 2016. The 459MW project was completed in May 2018, seven months ahead of schedule. 11. Water Projects: a. Completed Ogwashi-Uku Dam, Delta State; b. Completed Ekeremor Water Supply Project, Edo State; c. Completed Northern Ishan Regional Water Supply Project, serving Ugboha and Uromi communities of Edo State; d. Completed Rehabilitation of Ojirami Dam Water Supply Project, Edo State; e. Completed Central Ogbia Regional Water Project in Bayelsa State. 12. Social Investment Programme: 85,000 N-Power Beneficiaries in the South South; School Feeding has kicked off in 3 of the six States: Akwa Ibom, Cross River and Delta. NORTH CENTRAL: 1. Construction of Oju/Loko–Oweto bridge over River Benue to link Loko (Nasarawa state) and Oweto (Benue state) along route F2384 (almost completed) 2. Dualisation of Abuja–Abaji–Lokoja Road section I (International Airport link road junction–Sheda Village) (ongoing) 3. Dualisation of Suleja–Minna Road in Niger State Phase II (ongoing) 4. Dualisation of Abuja–Abaji–Lokoja Road: Section IV Koton Karfe–Lokoja in Kogi State (ongoing) 5. Dualisation of Lokoja-Benin Road: Obajana–Okene in Kogi State (ongoing) 6. Rehabilitation of Enugu–Makurdi Road: Otukpa-Otukpo Section completed, work ongoing on Otukpa-Enugu/Benue Border, and on Otukpo-Aliade section. 7. Construction of Otukpo-Oweto Road (almost completed) 8. Completed construction of 93km Ilorin-Jebba Road, (completed in 2018) 9. Dualisation of Abuja–Keffi–Lafia–Makurdi Road (ongoing) 10. Rehabilitation of Suleja-Minna Road (ongoing) 11. Construction of Nigeria’s Central Rail Line (Itakpe-Ajaokuta-Warri Standard Gauge Line), spanning Kogi, Edo and Delta States. Tracks and Communications systems completed, Station Construction ongoing. 12. Completed rehabilitation of the Abuja International Airport Runway, and construction of new Abuja International Airport Terminal. 13. Completed the abandoned Bill Clinton Drive Interchange Bridge along the Umaru Musa Yar’Adua Road (Airport Road), in the 14. Construction of Apo–Wasa–Karshi Dual Carriageway, part of the Outer Southern Expressway (OSEX) in the FCT (ongoing) 15. Construction of the Inner Southern Expressway (Goodluck Jonathan Way) in the FCT (ongoing – some sections have been completed and opened in the last three years). 16. Completed Mangu Regional Water Supply Scheme, in Plateau State 17. Completed Federal University of Agriculture, Makurdi Water Supply Project, Benue State 18. Construction of 30MW Gurara Power Plant, Niger State (ongoing) 19. Construction of 700MW Zungeru Hydro Power Plant, Niger State (ongoing; completion target of 2020) 20. Transmission Grid (ongoing): a. A $12.4 million project funded by the Japanese Government for the upgrading (installation of power capacitor banks) of two Transmission Sub-Stations, in Apo, FCT and Keffi, Nasarawa, respectively, to stabilize power supply to 7,000 households. The project commenced in 2016 and was completed in 2018. b. 150MVA 330/132//33KV Power Transformers at Kanji (Fakun), Niger State, added capacity 120MW (2016) c. 2x60MVA 132/33KV Power Transformer at Lokoja, Kogi State, added capacity 96MW (2016) d. 1460MVA 132/33KV Power Transformers at Kontagora, Niger State, added capacity 48MW 92016) e. 60MVA 132/33KV Power Transformers at Okene, Kogi State, added capacity 48MW (2016) f. 2x40MVA 132/33KV Power Transformer at Kainji (Dogon Gari), Niger State, added capacity 64MW (2016) g. 2x60MVA 132/33KV Power Transformer at Kukuaba, FCT Abuja, added capacity 96MW (2017) h. 60MVA Transformer in Karu Substation, FCT 21. Energizing Education Programme, an initiative of the FGN to provide sustainable and clean power supply to Federal Universities and University Teaching Hospitals across Nigeria, is being implemented in the Federal University of Agriculture Makurdi, Benue 22. Social Investment Programme: a. 98,700 N-Power Beneficiaries across the seven States of the North Central. b. School Feeding currently ongoing in 3 States of the North Central: Benue, Niger and Plateau NORTH EAST: 1. Dualisation of Shuarin-Azare section of Kano–Maiduguri Road linking Kano–Jigawa–Bauchi–Yobe (Section II) (ongoing) 2. Dualisation of Azare–Potiskum section of Kano–Maiduguri Road linking Kano–Jigawa–Bauchi–Yobe–Borno States. (Section III) (ongoing) 3. Dualisation of Potiskum–Damaturu section of Kano–Maiduguri Road linking Kano–Jigawa–Bauchi–Yobe–Borno States. (Section IV) (ongoing) 4. Dualisation of Damaturu–Maiduguri section of Kano–Maiduguri Road linking Kano–Jigawa–Bauchi–Yobe–Borno States. (Section V) (ongoing) 5. Reconstruction of Gombe-Numan-Yola Road, ongoing (Gombe-Kaltungo section completed) 6. Reconstruction of 122km Mayo Belwa-Jada-Ganye-Toungo Road, commenced in 2018 7. Construction of 40MW Kashimbila Dam & Hydro Power Plant, Taraba State (Dam and Power Plant completed; construction of transmission infrastructure to connect the plant to the national grid ongoing) 8. Construction of 29MW Dadin Kowa Hydro Power Plant, Gombe State (ongoing) 9. Completed Takum Water Supply Project, Taraba State 10. Construction of 3,050MW Mambilla Power Plant, Taraba State ($5.8 billion EPC contract awarded and signed in 2017; negotiations for the financing by the China Exim Bank ongoing) 11. Energizing Education Programme, an initiative of the FGN to provide sustainable and clean power supply to Federal Universities and University Teaching Hospitals across Nigeria, is being implemented in the Abubakar Tafawa Balewa University – Gubi Campus, Bauchi 12. Transmission Infrastructure (ongoing): a. 330/132KV Molai Transmission Substation in Maiduguri completed and energized in 2018 b. 330/132KV Damaturu Transmission Substation in Yobe State completed and energized in 2018 c. 60MVA 132/33KV Power Transformers at Bauchi, Bauchi State, added capacity 48MW (2017) d. 40MVA Mobile Substation at Damboa, Borno State, added capacity 32MW (2017) e. 28/40MVA Mobile Substation at Mayo Belwa, Adamawa State, added capacity 22.4/32MW (2017) f. 30/40MVA Mobile Substation at Gombe, Gombe State, added capacity 24MW (2017) 13. Social Investment Programme: a. 74,000 N-Power Beneficiaries across the six States of the North East. b. School Feeding currently ongoing in all 6 States of the North East: Bauchi, Taraba, Borno, Gombe, Yobe and Adamawa *NORTH WEST:* 1. Construction of Abuja-Kaduna-Zaria-Kano Highway. The project is being funded by the Presidential Infrastructure Development Fund (PIDF), established by President Buhari in 2018 to fund critical infrastructure projects. (ongoing) 2. Dualisation of Kano-Wudil-Shuari section of Kano–Maiduguri Road linking Kano-Jigawa-Bauchi-Yobe–Borno States. (Section I) (ongoing) 3. Dualisation of Kano–Katsina Road Phase I, Kano Town (Dawanau roundabout to Katsina border in Kano) (ongoing) 4. Completed 135km Sokoto–Tambuwal–Jega Road. 5. Construction of Kano Western Bypass, as an extension of dualisation of Kano–Maiduguri Road Section I (ongoing) 6. Construction of Kaduna Eastern Bypass, Kaduna (ongoing) 7. Construction of Modern Medical Diagnostic Centre at the Ahmadu Bello University Teaching Hospital (ABUTH), Kano (ongoing) 8. Completed Sabke Water Supply Project, Katsina State 9. Completed Shagari Irrigation Project, Sokoto State *10. Completed Galma Dam, Kaduna State.* 11. Energizing Education Programme, an initiative of the FGN to provide sustainable and clean power supply to Federal Universities and University Teaching Hospitals across Nigeria, is being implemented in the Bayero University–New Campus, Kano; and the Usmanu Danfodiyo University–Main Campus, Sokoto *12. Transmission Infrastructure (completed):* a. 60MVA Transformer in Dan Agundi Substation, Kano b. 2X60MVA Transformer in Kakuri Substation, Kaduna c. 60MVA Transformer in Katsina Substation d. 40MVA Mobile Substation at Zaria, Kaduna State, added capacity 32MW (2017) e. 2x40MVA 132/33KV Power Transformer at Daura, Katsina State, added capacity 64MW (2017) f. 60MVA 132/33KV Power Transformers at Hadejia, Jigawa State, added capacity 48MW (2017) g. 60MVA 132/33KV Power Transformers at Funtua, Katsina State, added capacity 48MW (2017) h. 60MVA 132/33KV Power Transformers at Sokoto, Sokoto State, added capacity 48MW (2016) *13. Social Investment Programme*: c. 95,900 N-Power Beneficiaries across the seven States of the North West. d. School Feeding currently ongoing in 5 States of the North West: Kaduna, Katsina, Kano, Zamfara and Sokoto 14. Sabon Gari and Kantin Kwari Market Electrification Projects: The Federal Government is implementing its Energizing Economies Programme, which will bring stable and reliable electricity to the 13,000 shops in Sabon Gari Market, and 7,700 shops in Kantin Kwari Market, both in Kano. 15. Construction of 215MW Kaduna Power Plant, Kaduna (ongoing) 16. Construction of 10MW Katsina Wind Power Plant, Katsina: (As of Q1 2018, 15 of the 37 turbines had been installed and put to use, producing about 4MW)

N900m Fraud: Court Rejects Ojerinde’s Plea Bargain

The Federal High Court, Abuja has rejected the plea bargain application by the former Registrar of the Joint Admissions and Matriculation (JAMB), Dibu Ojerinde in the N900 million fraud allegation leveled against him. The operatives of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had, on March 15, arrested Ojerinde, in Abuja, over allegations bordering on misappropriation of funds. The commission said that the former chief executive officer allegedly committed multiple frauds while heading JAMB and the National Examination Council (NECO). See also Ex-Governor Yari govt under probe for N200b ‘fraud’ When the matter was called for arraignment, the defendant counsel, Olorunnisola, told the court that arrangements were being made for a plea bargain. A plea bargain is an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges. However, Shogunle, who had already been served with a copy of the process, disagreed with Olorunnisola’s submission, saying the commission was not in agreement with the terms in the application. See also Nigeria privatizes Bank of Agriculture Citing an authority to back his submission, the senior lawyer argued that the application for a plea bargain before arraignment was in conformity with the provisions of the law. Justice Obiora Egwuatu held that since the since the prosecution was not in agreement with the terms put forward by the defence, a written correspondence should be filed to the effect. The judge then adjourned the matter until July 6 for arraignment.

HEARING ON FORFEITURE OF PATIENCE JONATHAN’S $5.78M, N2.4BN FIXED FOR OCTOBER 7

A Federal High Court in Lagos on Monday adjourned till October 7, to hear a motion seeking the final forfeiture of the $5.78million and N2.4billion, linked to a former First Lady, Dame Patience Jonathan. Justice T.G Ringim fixed the date after taking arguments from counsel to the parties in the matter. The Economic and Financial Crimes Commission (EFCC) filed the application for forfeiture in 2017 before Justice Mojisola Olatoregun. The defendants in the suit were Mrs Jonathan alongside LA Wari Furniture and Bathes. According to the EFCC, the funds belonged to the ex-First Lady. The monies were said to be warehoused by Skye Bank Plc and Ecobank Plc respectively. Justice Olatoregun on April 26, 2017, ordered the temporary forfeiture of the monies, sequel to an ex-parte application by the EFCC. The judge’s order was affirmed by both the Court of Appeal and Supreme Court. However, midway to the conclusion of hearing on the final forfeiture on the said sums, Justice Olatoregun retired from the Bench in 2019. The development compelled the Chief Judge of the court to re-assign the matter to Justice Chuka Obiozor for hearing. But Justice Obiozor could not hear the case before his transfer to the court’s Benin division. At the resumed hearing of the matter on Monday, EFCC counsel, Mr Rotimi Oyedepo, narrated to Justice Ringim how far the matter had gone. Oyedepo said: “This matter is a suit instituted before your learned brother, Justice Olatoregun now retired, where we prayed for the final forfeiture of the sum of $5,781,173.55, warehoused in Skye Bank Plc and N2,421,953,502.78, property of LA Wari Furniture and Bathes in Ecobank Plc. “It was instituted and an interim order was granted on April 24, 2017, upon which it went up to Supreme Court and an application for its final forfeiture was moved but the trial judge didn’t deliver judgment before retiring. “It was upon that fact that the file was transferred to the registry where it was reassigned to the former judge and subsequently your Lordship.” Counsel to Mrs Jonathan, Mr Ifedayo Adedipe SAN and Gboyega Oyewole SAN, also informed the judge that the case was adjourned for mention because it was coming up for the first time before him But counsel to the companies, Chief Mike Ozekhome SAN, argued otherwise by urging the court to adjourn the case on the premise that it was starting afresh and that he intended to file an application challenging the constitutionality of the entire proceedings. Ozekhome prayed the court to grant a long adjournment to enable him file the application that the case is supposed to start afresh. But Oyedepo opposed the application, praying the court not to grant it, because, according to him, there a procedure enshrined in section 17 of the Advanced Fee Fraud and other related offences Act, which the EFCC had compiled with except the last step which is a motion for final forfeiture. He invited the judge to look at the proceedings of February 17, 2021 where the former judge adjourned hearing of the motion for final forfeiture till April 13, which could not hold because of the Judiciary Staff Union of Nigeria (JUSUN) strike. He prayed further that should the court be inclined to grant an adjournment, it should be for the motion of final forfeiture. In a bench ruling, Justice Ringim held that a proceeding of this nature is a special one and cannot be truncated by any application. He said: “I say in my humble opinion that there is a procedure to follow in this type of application which cannot truncated. “The court cannot adjourn the matter because of an application which is yet to be filed. However, due to the nature of the application as hinted by the second respondent, the court will not shut the application out. “This court will adjourn for the hearing of the motion for final forfeiture that is pending. “Consequently, the second respondent is hereby ordered to file the application if any within 14 days from today and the plaintiff will have one week to respond. It will be heard alongside the motion for final forfeiture.” He adjourned further proceedings till October 7.

Prof Dibu Ojerinde Ex-jamb Registrar Gets Trial Date

Prof. Dibu Ojerinde, former Registrar, Joint Admissions and Matriculation Board (JAMB) will be arraigned at the Federal High Court, Abuja, for alleged N900 million fraud on 6 July. Ojerinde is being prosecuted by the The Independent Corrupt Practices and Other Related Offences Commission (ICPC). Justice Obiora Egwuatu fixed the date on Monday, after counsel to the ICPC, Ebenezer Shogunle, disagreed with the terms of the plea bargain application the defence counsel, P.A.O. Olorunnisola, SAN, had planned to file before the court. Operatives of the anti-corruption commission had, on March 15, arrested Ojerinde, in Abuja, on allegations bordering on misappropriation of funds. The commission said that the former chief executive officer allegedly committed multiple frauds, while heading JAMB and the National Examination Council (NECO).

Sunday 27 June 2021

FG to tax global tech companies operating in Nigeria by Stephen Angbulu

Vice President Yemi Osinbajo has revealed that Nigeria is set to utilise the country’s legal provisions that empower the Federal Government to collect taxes on profits made in the country by global technology and digital firms not based in the country, but with a significant economic presence here. Osinbajo said this while interacting with a delegation of the Chartered Institute of Taxation of Nigeria led by its President, Adesina Adedayo, who visited him at the Presidential Villa on Friday. He also disclosed that, while the Federal Government will not be raising tax rates at this time, based on the Finance Act 2019, it is already empowered to widen its tax net. That includes imposing taxes on the Nigerian income of global tech giants with significant economic presence in the country, even if they have not established a physical office or permanent establishment and are currently not paying taxes in Nigeria. Senior Special Assistant to the Vice President on Media and Publicity, Laolu Akande, disclosed this on Sunday in a statement titled ‘How FG will tax profits made by global tech, digital giants in Nigeria, by Osinbajo.’ Osinbajo said, “We have had severe economic downturns which of course implies that we may not be able to collect taxes with the aggressiveness that would ordinarily be expected. “I think the most important thing is that we must widen our tax net so that more people who are eligible to pay tax are paying. “Several efforts have been made, and I am sure you are aware of the initiatives including the Voluntary Assets and Income Declaration Scheme which was also an attempt to bring more people into the tax net, including those who have foreign assets. “We have also recently taken a step with respect to a lot of the technology companies that are not represented here but who do huge volumes of business here. “The Finance Act has shown that we are very prepared to ensure that these big technology companies do not escape without paying their fair share of taxation in Nigeria. “Many of them do incredible volumes here in Nigeria and in several other parts of the region. “We have drawn up the regulations and we are prepared to go, and I think that we are at least in a good place to tap into some of the tax resources we can get from some of these companies.” The Vice President based his assertion on the Finance Act 2019 which says a company will pay taxes if it “transmits, emits or receives signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems, or any other electronic or wireless apparatus to Nigeria in respect of any activity, including electronic commerce, application store, high-frequency trading, electronic data storage, online adverts, participative network platform, online payments and so on, to the extent that the company has a significant economic presence in Nigeria and profit can be attributable to such activity. “If the trade or business comprises the furnishing of technical, management, consultancy or professional services outside of Nigeria to a person resident in Nigeria to the extent that the company has a significant economic presence in Nigeria”. He added that while the Federal Government has no plans to raise taxes now, saying “there are those who argue that our tax rates are too low, comparing us to other places in the region where the rates are much higher. “So we have had to balance all of these issues because clearly, higher tax rates can be a disincentive to businesses and investments. “In terms of domestic resource mobilization, we are trying to do the best we can given the present circumstances and I believe that there is room for improvement.” Osinbajo added that the Federal Government has over the past few years, initiated programmes aimed at improving the growth of small businesses including the formalization of many of them. Under the Economic Sustainability Plan, there is a formalization of 250,000 businesses. He said the ongoing MSME Week has encouraged many businesses to register with regulatory authorities in order for them to benefit from the numerous programmes earmarked by the government for their growth. In his remarks, the President of CITN, Adesina Adedayo, commended the leadership of the Vice President in the implementation of key government interventions in the economy, stating that “we acknowledge your great zeal and commitment to Nigeria project.” Adebayo said the visit became necessary given the enormous work the Buhari administration has done towards addressing the huge fiscal challenges in the polity, public financing reforms, and sustained efforts towards addressing infrastructural deficit across the country. He said, “The Nigerian Economic Sustainability Plan and other measures implemented was a right response to the challenges posed by COVID-19 pandemic and were largely instrumental to creating buffers for the government at all levels in withstanding the pressures and waves created during the peak period and the aftermath of COVID-19. “It is important that we sustain measures already being implemented to improve tax collection at all levels.” Other members of the delegation included the Vice President of the Institute, Samuel Agbeluyi; past Presidents of the institute, Dame Simplice, and James Naiyeju, and Council members Prof. Muhammad Mainoma and Babangida Ibrahim. CITN Registrar, Adefisayo Awogbade, was also in attendance.

Zamfara Governor Bello Matawalle joins APC, Buhari’s aide suggests By Samson AdenekanandAbubakar Ahmadu Maishanu

Mr Matawalle was elected on the platform of the PDP after the Supreme Court nullified the victory of the APC in the 2019 elections in Zamfara State. Despite repeated denials that he was not planning to join the All Progressives Congress (APC), the Governor of Zamfara State, Bello Matawalle, has now joined Nigeria’s ruling party, an aide to President Muhammadu Buhari has suggested. In a cryptic post shared on his verified Facebook account on Sunday morning, the president’s Personal Assistant on Digital and New Media, Bashir Ahmad, suggested that Mr Matawalle has left the Peoples Democratic Party (PDP) for the APC. “So Zamfara is back home! Welcome Matawalle✊,” Mr Ahmad wrote. Mr Matawalle was elected on the platform of the PDP after the Supreme Court nullified the victory of the APC in the 2019 elections in the state due to an internal party crisis. Before then, Zamfara was an APC state with the governor and majority of the federal and state lawmakers from the ruling party. Prior to Mr Ahmad’s announcement, PREMIUM TIMES reported the dissolution of the Zamfara State Executive Council by the governor, a move a source close to the governor confirmed was in preparation to join the APC on June 12. The source said Mr Matawalle dissolved his cabinet due to the reluctance of some members to defect with him to the ruling party. After that report, Mr Matawalle denied plans to join the APC. The governor said that he sacked his cabinet members in a bid to reinvigorate his government for the second half of his tenure. He said he has not decided on defecting nor fixed a date for such. On Sunday, state officials close to Mr Matawalle confirmed again to PREMIUM TIMES that the governor was set to join the APC. Some of them said they had already been told to start ditching the PDP flag in preparation for the official defection. However, Mr Matawalle’s spokesperson, Yusuf Idris, told PREMIUM TIMES early Sunday morning that Mr Ahmad’s post should be ignored. The governor has not decamped, the spokesperson told this newspaper, declining to speak on whether or not there were plans to decamp/ A Gale of Defections When Mr Matawalle’s defection is made official, the Zamfara governor would be the second governor from the PDP to join the APC in less than two months and the third in the last seven months. The Governor of Cross River State, Ben Ayade, formally defected to the ruling APC in May after months of speculation. His defection came six months after the exit of his Ebonyi State counterpart, David Umahi, who also joined the ruling party in November 2020.

DEMANDS BY NIGER DELTA AVENGERS: PRESIDENT BUHARI’S RESPONSE

The media was Sunday awash with threats and demands by a group, Niger Delta Avengers, to embark on economic sabotage through bombing of critical oil and gas installations unless certain demands, including development of the Niger Delta, and restructuring of the Federation, were met. It is, however, curious that the threat was coming less than 48 hours after President Muhammadu Buhari met with the leadership of the Niger Delta and Ijaw National Congress (INC), at the Presidential Villa, and the germane issues had been responded to, especially call for restructuring of the Federation, and the inauguration of a Board for the Niger Delta Development Commission (NDDC). For clarity and record purposes, below is full text of the speech by President Buhari on Friday, June 25, 2021, which renders any sabre-rattling rather unnecessary: “I warmly welcome all the Elders of the Niger Delta and particularly the National Executive of the Ijaw National Congress, under the leadership of Professor Benjamin Okaba. I thank you for paying this courtesy visit not too long after your election in April, and swearing-in last May. “I also want to congratulate you all for your election and to add that a lot of responsibility is placed on your shoulders, especially coming from the fact that the Ijaw National Congress was almost without leadership for some time. “As the symbol of the collective voice of the Ijaw people, which is one of Nigeria’s main ethnic groups, the existence of a focused and people oriented leadership would go a long way in articulating the demands of the Ijaw people and making sure these demands are made part of the national discourse. “I particularly note your ten point demand to the Federal Government in your inaugural speech and assure you that this administration is frontally addressing them. “I am equally concerned about the rate of environmental degradation in the Niger Delta and as you are aware the HydroCarbon Pollution Remediation Project has started work with remediation efforts in Ogoni land and I have directed the Minister of Environment to ensure that the projects are implemented with a high percentage of local content and inclusion of the surrounding communities. “Similarly, the National Oil Spill Detection and Response Agency, under the same ministry of Environment is working to make sure that oil spills are reduced and new ones prevented. As you are also aware, all the responsible agencies of government have been directed to ensure that they enforce compliance by the International Oil Companies to international best practices. “In addressing your call for immediate restructuring, the National Assembly whose responsibility it is to ensure that our constitution responds to the call for a restructured Nigeria, has already concluded regional consultations and as soon as they finalise the process, necessary action would not be delayed on my part. “In the same vein, your call for creation of two additional states and more local government areas for the Ijaw people is a legislative matter, which should naturally be handled by the National Assembly and seeking concurrence at the state levels. “I completely agree with your call to allocate operational licenses for marginal fields to Ijaw people. However, like you know, the process of granting licenses is guided by laid down rules and regulations, most of which even favour local content and local contractors. I see no reason why they should not be granted such licenses if they qualify. “On the issue of fair and balanced appointments to reflect federal character principles, I re-affirm that this has always been my focus and would continue to be because I have always seen Nigeria as a country where everyone should be given equal opportunities. “A contentious issue that has been a subject of discourse amongst the Ijaw people of recent has been the need for the Niger Delta Development Commission to live up to its billing by delivering the required succour to the people of the region. Based on the mismanagement that had previously be-devilled the NDDC, a forensic audit was set up and the result is expected by the end of July, 2021. “I want to assure you that as soon as the forensic audit report is submitted and accepted, the NDDC Board would be inaugurated. However, I would like to implore you that the Ijaw National Congress should play a more active role in making sure that the mismanagement that occurred in the past is not repeated. “I am particularly happy to note your call for promoting ownership of modular refineries by the Ijaw people and I will urge you to interphase with your sons who are involved in the processes of establishing these refineries, especially the Honourable Minister of State Petroleum Resources to actualize this quest. “Like you well know, completion of the East-West Road is top on my infrastructure agenda and I will look to its speedy conclusion. Again, the occasional disturbance by youths in some communities along the route to construction work would require your close attention and guidance. “Furthermore, we have made considerable progress with the construction of the Bonny to Port Harcourt Bridge. “I am very happy with the recent affirmation of your belief in a United Nigeria and while I thank you for standing with me, I will also implore you to use your leverage in making sure that we keep working together to keep this country a united, indivisible entity, so that we can tackle our problems together and overcome our challenges together. “I would like now to commend Professor Okaba for your emphasis on supporting the fight against insecurity by developing internal control mechanisms as well as working with other institutions in the country to address our current security challenges. “While I thank you once more for this visit and I will continue to count on your support as we work towards resolving our current challenges. “God Bless the Federal Republic of Nigeria.” Femi Adesina Special Adviser to the President (Media and Publicity) June 27, 2021

Bewitching Chidinma and this ‘water bottle’ generation by Festus Adedayo

Chidinma Ojukwu is beautiful, enchanting and voluptuous. No wonder predominant comments – especially from men-folk – on this 21-year old self-confessed killer of Lagos-based 50-year old Usifo Ataga, CEO of Super TV, are wrapped in the poser: was she a lethal, destructive woman the French call the femme fatale, or victim of a delinquent higher institution girls’ sex trade that turned awry? The story of Chidinma, student of the University of Lagos, which is trending on the social media radar at the moment, is riveting. It is a perfect script for a crime fiction thriller. She courted massive traffic to herself due to the horror of her narrative and the shock people get upon realizing that such physical beauty she represented could be a shawl hiding a dastard cruelty of immense proportion. She is no doubt a prominent member of that cult of young girls who are completely immersed in the flesh-for-cash barter trade that is the hub of the Nigerian social circle. Chidinma had confessed to murdering, via stabbing Ataga, her sexual liaison, at a service apartment in Lekki. Advertisement The femme fatale is no doubt an invention of a patriarchal French world. She is a mysterious but beautiful mannequin whose major stock-in-trade is seduction of men. With the ensnaring charms of her enchanting beauty, this French invention uses herself as deadly bait for men which, when swallowed, becomes the death of them. Her most notorious representations are biblical characters like Delilah, Jezebel and Salome whose beauty entrapped men to their graves. The femme fatale archetype was also depicted by Irish poet and playwright, about-the-most-successful-playwright of late-Victorian London, Oscar Wilde, in his play, Salome. In the play, Salome manipulated her lustful uncle, King Herod, with an enticing Dance of the Seven Veils. After seducing him, she then asked for the head of John the Baptist, an imperious demand Herod could not decline. As an aside, Wilde himself was later convicted in a criminal trial for gross indecency in a consensual homosexual liaison with his gay partner, British poet, journalist and son of the Marquess of Queensberry, Lord Alfred Bruce Douglas. Douglas’ father, who abhorred the homosexual relationship, mocked Wilde in the public and the Irish playwright sued him for libel, only for details of his romp with Douglas to become public knowledge. This prompted his conviction and sentencing to two years imprisonment with hard labour in 1895, in one of the first celebrity trials in the world. Imprisoned in Cell No C33 at the Reading, England jailhouse until 1897, Wilde’s experience later formed the muse for that grim realism of life in prison depicted in his The Ballad of Reading Gaol. He later died of meningitis in 1900 at age 46, three years after his release from prison. Even if you were as unfeeling as to be capable of making barbecue with the ugly, bony and sparse-meat head of a tortoise, when you read the grief-provoking story of Chidinma, you will be sorry for motherhood and for the mother who begot her. From you will flow empathy for that uncertain, painful moment of delivery at the maternity ward which the Yoruba carefully parceled in the panegyric, ikunle abiyamo. How could a child, apparently born with much celebration and rejoicing, turn this tragically into a demonic man mauler? Details of the tragic story are in the public domain and have elicited diverse comments from Nigerians and beyond. They do not need a rehash here. Questions upon questions are being asked but none is yet able to explain the riddle of how such a young girl could perpetrate that gory crime to which she has confessed. In court, lawyers will battle whether the narratives conveyed in Chidinma’s confession and evidence from the murder scene tally with the crime of murder or manslaughter. Do the multiple stabs, her decision to pay for the hotel with a pseudonym, the withdrawals from deceased Ataga’s account and the fake driving license bearing “Mary Johnson” with her photograph, constitute premeditated murder? Was there absence or presence of the mental element called mens rea in the killing? Those are however not our bother here. The society, enveloped in the Chidinma story, is. From all the narratives presented of this 21-year old, it is obvious that she lived a double-faced life like Janus, the Roman god with two faces. She was a reserved, angelic girl next door at home and in her neighbourhood and at the same time, a total delinquent in shrouds of innocence. The second part must have been concealed from her parents, classmates and her tiny rank of friends, but totally open to the world where she caught her fun. Those who know, who have a social barometer that measures the pulse of the town, told me that many parents are like Chidinma’s father and mother – they know very little about who their wards are outside of the home. Away from the English social reformer, statistician and founder of modern nursing, Florence Nightingale picture they cut at home, many of our children are nothing but whores, perverts and drug addicts who daily frequent fun arenas to get their fixes. From police report, Mr. Ojukwu, Chidinma’s father, got violently antagonistic, like many parents will, when policemen came to their home to arrest his daughter. How could his angelic daughter be the homicidal psychopath the police were looking for? Chidinma’s viral confession also revealed that she was afflicted by the famous bug that has become a pestilence among the youth in our society – drug addiction. In October, 2017, I did a piece entitled, Our Water Bottle Children Are Here where I explored this menace. I termed the prevalence of drug consumption among our children the new wave of fire that will consume us all soonest. Drawn into curiosity by the Yoruba language-rendered, high-tempoed hip-hop song of street boy musician, Temitope Adekunle, a.k.a. Small Doctor, entitled “Penalty”, I was told that the fad among youth nowadays is to lace hard drugs in alcohol which they put in water bottles, clutched as youth identity at parties and social gatherings. Small Doctor, in the song, had sang of how the boys were “bringing water bottles into the dancehall” while the musician, who nicknamed self Omo Iya Teacher, deploying beer parlour lingo, enjoined the party crew to “yee ma sun, gba ko je! (don’t be a dunce, so take it and swallow!).” “We were in the lodge smoking. He was trying to make advances on (sic) me. I was tired and he became violent on it. I let him have his way. Towards afternoon, he ordered roofies. We took it together and ate food,” Chidinma said upon being interrogated. She confessed to withdrawing N380,000 from the deceased’s account to pay her school fees and said, “We smoked SK and Loud… I wanted to use the money I withdrew to pay my school fees. I felt disappointed when the police arrested me at my parents’ house and it was when I was arrested around 10pm that my parents got to know about the incident.” Chidinma, at that tender age and like many of our children in schools, was already hooked on drugs. I am told that the world of drug consumption has widened dangerously in the dimension of the hopelessness in the land. Our children have moved away from WHO-classified narcotic substances and psychotropic substances like rohypnol, tramadol, diazepam and lexotan to more lethal ones. I said in the piece referenced above that “a rough survey I carried out indicates that this water bottle culture has become so pervasive among our youth that we could be having a pandemic on our hands. While the list of drugs known to previous generations included cocaine, heroin, marijuana (cannabis) – the latter now with different variants and cognomens – a host of other variants have since erupted. Rohypnol, a strong sedative also known as date rape drug; codeine, a cough suppressant; mephenthamine, alcohol, topiramate, methane from soak-aways, glue, petrol and such like narcotics are the drugs commonly consumed by our children, mostly on campuses.” While Buba Marwa, Chairman of the National Drug Law Enforcement Agency, (NDLEA) may be combing the nooks and crannies of Nigeria for drugs and may be making the success attributed to him in the public sphere, drugs in underground cells and cellars of universities and on the streets will continue blossoming except Nigeria addresses the huge hopelessness of unemployment in the land. During the week, I accosted a secondary school dropout hooked on drugs who, when told the danger of its consumption, peremptorily retorted that die na die, parodying the Shakespearean assertion “… Seeing that death, a necessary end, will come when it will come.” The Chidinma menace of the girl child’s acute dependency on illicit sex for survival too has a lot to do with the failure of successive governments to shine light on Nigeria’s dark economy. It is tied to the apron string of the menace of our children becoming tools in the hands of sex vampires like Usifo Ataga As I said in the piece, the political dictates the social and the social is the manifestation of the political; or vice versa. That probably was why late Jamaican reggae icon, Peter Tosh, at the One Love Peace Concert held on April 22, 1978 at the National Stadium in Kingston, Jamaica, was quoted as saying, “I am not a politician but I suffer its consequences.” We suffer the consequences of the cumulative bad governance in Nigeria from independence till date: the stealing of our commonwealth and the opaque governance by our military and civilian conquistadors. Parents have thus become victims of this time. That probably was why Mr. Ojukwu couldn’t afford Chidinma’s school fees, why a young girl like her had to depend on takings from hawking her flesh for survival. In many homes, those girls we see trading their flesh as bazaar at bioscopes, hotels and clubs are breadwinners whose families’ ability to put food on the table is dependent on the number of men’s nakedness these daughters of theirs see per day. The family in Nigeria has, ipso facto crumbled, almost irretrievably. Parental failure is everywhere. Values and ethics of the home have taken unceremonious flights. Parents themselves have no time for the development of their children as they are running helter-skelter to make a living. Men like Ataga – though we are not afforded the opportunity of hearing his own side since he is dead – are capitalizing on this collapse of the home and deploying our girls as lubricants of their social and economic dislocation. Flowing from Tosh, it is obvious that we must all seek to have good governance in Nigeria so that we can embrace developments and low crimes, the type in saner climes. It is the only remedy to the hopelessness that breeds the calamities of Chidinma and the menace of Atagas. Gumi and the Nigerian state Sheik Ahmad Gumi, self-styled go-between of Nigeria and her enemies was last week invited by the Department of State Services, DSS for questioning. He was said to have been questioned on account of an Arise TV interview he granted where he alleged that there was collusion between Nigerian security forces and bandits in the North. Gumi had said in the interview: “These bandits, if you don’t know, are cooperating with a lot of bad elements in our security system. This is a business. So many people are involved, you’ll be so surprised. They were caught in Zamfara; they were caught everywhere, how do these big weapons cross our borders? How can these big weapons cross our borders and get into the forest without the cooperation of some bad elements of the security operatives assisting them? It’s not possible. If I give you the same amount of guns, can you take them to the UK? You can’t because the security is alert.” While knocking his claims, the Nigerian Army fumed and claimed it puts its life on the line, losing many of its soldiers in the process. It concluded that, “While the Nigerian Army will not attempt to excuse the possibility of black sheep amongst its fold, it must be stated unambiguously that it will not condone any form of sabotage or aiding and assisting the enemy by any personnel.” So, to this mullah, a bloody enterprise like kidnapping is business? It is obvious that Gumi may be making these arguments so as to make a case for his Northern malefactors. The truth however is that the sophisticated weapons in use by the bandits could only have got to them, either through connivance with the military or customs officials who look the other way while the weapons were being shipped into the country. In that wise, it may be hard to fault his argument. On Saturday, I listened to the Arise TV crew grill same Sheik Gumi. The crew was unsparing of Gumi, unlike its earlier mollycoddling of President Muhammadu Buhari at the Aso Rock Villa Cool, composed and armed with details of his intervention, this mullah seems not to be bothered about his typecast as a bigot who swivels in bed with coldblooded psychopaths. Save for the obvious ethnic colouration of his submissions and the fact that his type only luxuriate under the kind of government that Buhari runs, Gumi’s logic was water-tight but obviously self-serving. He did not hide his being an apostle and megaphone of Hausa-Fulani criminals. He called on the Federal Government to grant amnesty to and negotiate with bandits and Boko Haram as same government did with Niger Delta militants, while claiming that both the bombing of crude oil pipelines and scaring farmers from their farms were both threats to the Nigerian economy. What is not in dispute is that Gumi is part of a deep, choreographed plot to liberate a sizeable portion of Nigeria’s patrimony for his northern people, regardless of whether they are criminals or not. His views are little different from Buhari’s and the presidency’s. The non-existent Nigeria is not his bother. It is not the bother of Buhari and his presidency, as it isn’t many Nigerians’. Nigeria is an orphan in this equation.

Restructuring and the 1963 Constitution by Simon Kolawole

Funny how we hardly reach any cross-ethnic consensus in this country, but the campaign for a return to the 1963 Constitution — increasingly becoming the backbone of the “restructuring” agenda — seems popular in southern Nigeria and Benue state. The core argument is that we need to return to regionalism: every region should control its natural resources, take 50 percent derivation, run local councils and create state police “as provided for under the 1963 Constitution”. The 1999 Constitution, according to the #BringBack1963Constitution movement, is a glorified military document fit only to be used to wrap suya and sliced onions or roasted plantain and peanuts. I have to admit upfront that a rational debate is difficult under this toxic atmosphere. Opinions are mostly settled along ethno-religious lines. It will be awfully problematic to have a dispassionate dialogue. To the typical southerner, northerners have been implementing an agenda of total domination as the structure of the country is eternally skewed in their favour. To the typical northerner, the structure is a fair reflection of our socio-economic and political demographics and southerners are only allowing pride and prejudice to colour their reasoning. With these entrenched mindsets on both sides, we cannot expect to have a decent discourse, much less reach a consensus. The loudest voices in the room are demanding a return to the 1963 Constitution for several reasons. One, it is widely claimed that the constitution granted resource control to the regions. Two, it is said that the constitution granted 50 percent derivation. Three, it is believed that the 50 percent derivation allowed the regions to compete and that was why Nigeria made progress then, compared to now. Four, it is argued that the 1999 Constitution, under which we currently operate, is a terrible piece of work foisted on the country by the military. There are many other reasons being advanced by the #BringBack1963Constitution movement which I cannot capture in this little space. For us to have a healthy and honest debate, we need to stick to the facts. We can then apply logic to the cold facts. To start with, it is incorrect to say the 1963 Constitution granted resource control to the regions. In fact, Item 25 of Part I under Section 69 of the Schedule of the constitution clearly placed “mines and minerals, including oilfields, oil mining, geological surveys and natural gas” on the Exclusive Legislative List — under the federal government. This was a word-for-word retention of Item 25 (Part I) under Chapter XI of the 1960 constitution, bequeathed to us by the British colonial masters. It was repeated as Item 36 (Part I) of the Second Schedule in 1979 and Item 39 in 1999. More importantly, was derivation payment actually 50 per cent under the 1963 Constitution? Section 140, titled “Mining Royalties and Rents”, stated thus: “(1) There shall be paid by the Federation to each Region a sum equal to fifty per cent of (a) the proceeds of any ROYALTY (emphasis mine) received by the Federation in respect of any minerals extracted in that Region; and (b) any mining RENTS (my emphasis again) derived by the Federation during that year from within that Region.” This is a direct replication of Section 134 of the 1960 Constitution. I wrote an article in 2017 making an argument that the 1963 Constitution granted 50 percent derivation on minerals. However, I got an email from a senior lawyer, who is also a professor of law. He queried my interpretation. He said the key provisions of Section 140, along with the preceding Sections 136-139, 141-145 and Item 25 on the Exclusive Legislative List, were as follows. One, ownership of all minerals, including oil and gas, belonged to the federation. Two, the 50 percent derivation accruing to regions is in respect of “royalties and rents” derived from mining activities and not “revenue” from mineral sale. Item 25 already said all minerals, including oil and gas, belonged to the federation. “Any and all revenues derived from their sale similarly belong to the federation,” he said. In contrast, he argued, Section 162 (2) of the 1999 Constitution says that “the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the REVENUE (my emphasis) accruing to the Federation Account DIRECTLY (mine, again) from any natural resources”. The professor’s core argument is that the 13 percent from “revenue” in the 1999 Constitution is higher than the 50 percent on “royalties and rents” in the 1963 Constitution. If he is correct, that means the much-derided 1999 Constitution is the only document in the history of Nigeria that grants derivation directly on revenue, as opposed to just the mining rents and royalties. While I could not counter him, I am also aware of certain things. When the 50 percent provision was made in 1960, we did not have the kind of expansive oil taxation arrangement in place today. Royalty, a fixed sum paid by companies for mining a mineral, is just one handle. Oil companies now pay the following: signature bonus, after winning the rights to a block; 85 percent petroleum profit tax; two percent profit education tax; local content levy; and export supervision scheme levy of 0.5 percent on volume. In addition, the biggest source of oil revenue today is from the sale of Nigeria’s share of joint-venture crude production and profit oil from the production sharing contracts. For clarity, federally collected revenues are shared by the three tiers of government AFTER the mineral-rich states have taken their 13 percent derivation, which is a first line charge. In addition to derivation, the oil-rich states also share from the monthly federation account allocation committee (FAAC). In 2019, Delta state received N165.2 billion as 13 percent derivation and N219.28 billion as net FAAC allocation. Akwa Ibom earned N119.7 billion as derivation and N171.98 billion as net FAAC allocation. If we revive the 1963 Constitution, the senior lawyer said, the 50 percent derivation from “rents and royalties” will not favour the oil-rich states as much as the 13 percent on “revenue”. The 1963 movement has also successfully sold the idea that “regionalism” and “50 percent derivation” made the regions “compete” in the first republic. This is urban legend. True, Western Nigeria earned its biggest revenues from cocoa, Eastern Nigeria from palm produce and Northern Nigeria from groundnuts, but the 50 percent derivation on “rents and royalties” did not apply to agricultural produce. Agricultural revenue was not paid into the federation account. It was between the farmers and the regional governments. And, yes, this is retained in the 1999 Constitution. Osun and Ondo are into cocoa. Ebonyi and Kebbi are into rice. No constitution has stopped them. Let me be cheeky a little. Under the 1963 Constitution, Nigeria produced 417,000mt of groundnuts annually. Under the 1999 Constitution, we are now producing three million mt. Which is better? Nigeria produced 270,000mt of cocoa in 1965 and 650,000mt in 2004. Which is better? Under the 1999 Constitution, Nigeria became the largest producer of cassava in the world as well as one of the world’s largest producers of tomatoes. We are now one of the largest producers of rice in Africa. Of course, you and I know that it is not the constitutions that produced the cassava and rice. It is about policies, incentives and commitment. We really can do with more sophistication in our thinking. There is also this obsession with regionalism — that we should restructure to six regions to allow for “competition” and reduce “cost of governance”. We had three regions that “competed” in the first republic. So, we should now reduce 36 states to six regions so that we can compete again. That means we should bring Tiv from Benue together with Fulani from Nasarawa in the north-central region and under one governor? Jokes? The over 50 ethnic groups in the south-south should come under one governor? Abia, Anambra, Ebonyi, Enugu and Imo should become one state when Nd’Igbo are actually asking for an extra state? Do these 1963 campaigners listen to themselves at all? “Cost of governance” is not determined by the constitution. It is determined by the operators of the constitution. The 1999 Constitution prescribes one minister per state, which means we can do with 36 ministers, but we decided to appoint 43. Should we blame the constitution for that? A governor appoints 1,000 aides and buys 1,000 Prado SUVs and we think the high “cost of governance” is caused by the constitution? Lawmakers create millions of naira for themselves as monthly allowances but we want to blame the high “cost of governance” on the constitution? In the end, it is the operators of the constitution that decide either to be prudent or wasteful with public funds. Having six regions will not automatically translate to a massive reduction in costs. This is Nigeria. Meanwhile, the 36 states are allowed to “compete” by the 1999 Constitution. Abia styles itself as the “SME capital of Nigeria”. Cross River says it is Nigeria’s best tourist destination. Must competition be among only six regions when 36 states can play the game? If not that we tie viability to FAAC, all states are viable — if the leadership is right. As an aside, under the 1999 Constitution, aviation is on the exclusive list but Anambra has just inaugurated its airport. Akwa Ibom has Ibom Air. Lagos, Delta and Akwa Ibom states invested in Econet in 2001. If they had not sold off their shares, they would be earning billions today at a time FAAC revenue is low. But we prefer to blame the 1999 Constitution. I want to be clear on something: Nigerians have the right to keep looking for how to enjoy good governance and development. However, this is an exercise that must approached with facts and rigour, not just parroting the “received wisdom” being perpetrated from one generation to another. If the 1963 Constitution gave us Eldorado, why was the first republic overthrown? Read the coup speech of Major Chukwuma Nzeogwu and you would think he wrote it early this morning. I understand the nostalgia about the first republic, but the assumptions are simplistic. We had some visionary, competent and patriotic leaders but some think it was the constitution that did the work. Chief Obafemi Awolowo, for example, never used the 1963 Constitution. Under a colonial constitution, he governed and transformed Western Nigeria from 1952-59. Even with the “military” constitution of 1979, Awo’s cardinal programmes — free education, free healthcare, rural/urban industrial integration and gainful employment — were implemented by UPN governors. Till tomorrow, we are still celebrating the feats of Alhaji Lateef Jakande, Lagos governor from 1979-83. And you know what? Free education, free healthcare, rural/urban industrial integration and gainful employment are still allowed under the 1999 Constitution. If you doubt me, get a copy and read it. AND FOUR OTHER THINGS… LUCKLESS LAWAN After a long trial, Hon. Farouk Lawan was finally sentenced to seven years imprisonment for the bribery scandal of 2012. He had allegedly demanded a $3 million bribe from Mr Femi Otedola in order not to indict his company, Zenon Petroleum, in the subsidy scam probe by the house of reps. The irony was that Zenon dealt only in diesel, which was not subsidised, but our lawmakers can embarrass anybody. Otedola organised a sting operation and nailed him. It is not as if the “public hearing” blackmail has stopped — it is still a major source of income for the blackmailers. Lawan may still find a way out of prison. This is Nigeria where jails are meant for only the lowly. Sad. HIGH AND LOW Chidinma Ojukwu, the 21-year-old Unilag undergraduate who allegedly murdered Usifo Ataga, the CEO of Super TV, said something that needs to become a major focus of social action in Nigeria. The 300L student of mass communication said both of them were high on drugs, one of which she named as “roofies”. Brig-Gen Mohamed Marwa (rtd), chairman of the National Drug Law Enforcement Agency (NDLEA), recently attributed most criminalities in Nigeria, including banditry and terrorism, to the influence of illicit drugs. It takes more than courage, anger and hate to butcher a fellow human being. Addressing the drug menace must be priority in our security strategies. High. FEC VS TWITTER You mean Nigeria really nominated six ministers to meet with Twitter to resolve issues around the suspension of the microblogging site in Nigeria? To discuss issues of compliance that can be handled by a perm sec and a couple of technocrats? Can you see the quality of thinking in government? I would be surprised if Jack Dorsey, the Twitter CEO, attends the meeting. If he does, it would be just to humour us. It is a job the head of compliance at Twitter should handle. We still have to be thankful that President Buhari and Vice-President Yemi Osinbajo are not part of our delegation. In 1976, Gen Murtala Muhammed said Africa had come of age. And 45 years after, this. Demeaning. OPL 245 TWISTS Are Nigerians following the drama around the prosecution of the OPL 245 case in Italy? For the past five years, many people have been scandalised and reputations destroyed over the controversial deal, but new developments have shown that there was more to it. Shell and Eni and their executives have been discharged and acquitted over corruption allegations; Emeka Obi, a middleman for Malabu Oil & Gas in the negotiations, has been freed from jail for miscarriage of justice; and Fabio Da Pasquale, the prosecutor, is now facing investigation for allegedly manipulating evidence in his desperation to secure convictions. This should be made into a movie. Incredible.

Saturday 26 June 2021

War on drugs more deadly than insurgency, says Buhari by Stephen Angbulu

The President, Major General Muhammadu Buhari (retd.), has described Nigeria’s drug war as deadlier than the fight against insurgency and banditry and other threats to the stability of the country. Buhari said this on Saturday while launching the War Against Drug Abuse initiative by the National Drug Law Enforcement Agency in commemoration of the United Nations International Day Against Drug Abuse and Illicit Drug Trafficking themed, ‘Share Facts on Drugs. Save Lives’. As the Special Guest of Honour at the launch, the President urged the NDLEA to exert more effort to clear out criminal elements habiting the vast forests of the South-South and Southwest; from where they plan and execute their criminal attacks and also grow marijuana. Buhari was represented by the Secretary to the Government of the Federation, Boss Mustapha. He said, “I am directing the NDLEA to develop a robust risk communication and community engagement strategy that will not only disseminate the four pillars of the plan to responsible entities but also deal with destroying production sites and laboratories, break the supply chain, discourage drug use and prosecute offenders as well as traffickers, rehabilitate addicts and enforcement of relevant laws. “I want to particularly draw the attention of the agency to the fact that the use of many of our forests as criminal hideouts is because large swathes of cannabis plantations are hidden deep within those forests, especially in the Southwest and the South-South. “You may, therefore, need to drive these criminal elements from such hideouts because they use it for the growth of these plants and also as a repository for criminal elements to conclude and plan their adventures on our people. “On this United Nations anti-drug day, I call on all families, schools, civil society organisations, professional associations, religious organisations, the academia, community leaders and individuals to work for the common good to rid their communities of drug use and trafficking. “As your President, I will continue to address underlying causes of drug abuse, including poverty reduction, for which my pledge for lifting 100 million Nigerians out of poverty in the next 10 years and strengthened by the recently developed National Poverty Reduction with Growth Strategy signposts my unwavering commitment. “Finally, I would like to appreciate our stakeholders and international collaborators, especially the European Union, and the United Nations Office for Drugs and Control, for their unwavering support to our drug control efforts, including the development of our roadmap. “Also appreciated are the members of the inter-ministerial committee on drug control, civil society organisations, the academia, for their contributions and efforts to our National Drug Control initiatives. “The war against drugs is a war that must be fought by all, it is, therefore, my pleasure, to declare on behalf of the good people of Nigeria, a War Against Drug Abuse, not just as a slogan, but a call for civil action for all Nigerians to take an active part in this war. “Let me say that this war is more deadly than the insurgency we have in the Northeastern part of the country or the acts of banditry in the Northwest or the acts of kidnapping that transcends all the geopolitical zones of this country, because it is a war that is destroying three generations because I’ve seen clips of where grandparents are on drugs, parents are on drugs, and by extension, their wards, their children are on drugs. “So, this is a war that is targeting three generations in a stretch. So it is more deadly than even the security challenges that we are having in this country and I believe strongly that every effort must be put in place to ensure that we deal with the issues of substance abuse and trafficking and manufacture so that we can get to the root cause as ably elucidated by our keynote speaker this afternoon, of the mirage of insecurity problems that are confronting this nation and I believe strongly, with every bit of conviction, that if we can deal with the issues of drug abuse, substantial, our security challenges will drastically reduce as we walk towards a drug-free, Nigeria.” He, therefore, called on all Nigerians from every sphere of life; including traditional institutions, religious leaders and local leaders to be vigilant and to support the war against drugs that has been declared on June 26 2021.

We’re removing corrupt officers from roads —NPA boss Kariola Mustapha

The acting Managing Director, Nigerian Ports Authority, Mr Muhammed Bello-Koko, has said the agency has relocated some of its employees who have constituted to the corrupt practices on the Apapa Port access road. He also said that grave punitive measures awaited those who were found guilty. Bello-Koko said this at the statehouse in Marina during a visit to Lagos State Governor, Mr Babajide Sanwo-Olu. After the event, a statement which was issued and signed by the General Manager Corporate and Strategic Communications, NPA, Olaseni Alakija. The statement said, “The management of Nigerian Ports Authority led by its acting Managing Director, Mr Muhammed Bello-Koko, on Saturday met with the executive Governor of Lagos State, Mr Babajide Sanwo-Olu to adopt stronger measures to curb corrupt practices and alleged extortion of truck drivers by traffic and security operatives along the Lagos Ports corridor.” The statement added that the acting managing director stressed the need to strengthen enforcement of traffic laws along the Apapa and Tin Can Ports roads. He said, “The NPA has been inundated with complaints of extortions from truckers, especially by security operatives, including the military, the Police, and NPA security, demanding money from drivers before accessing the Ports.” He described the ugly practice as a major disincentive to the smooth implementation of the truck call-up system. At the meeting, Bello-Koko disclosed that it had been said that no less than 30 toll-points had sprung up around the Apapa and Tin Can Port, where bribes were collected before trucks were allowed into the Port. He then added, he said, “We at the NPA have resolved to take the right punitive measures against any of our staff involved in this, we have moved some of them out of Port locations, and we will do further reviews, whoever is found involved, would be appropriately sanctioned.” PUNCH.

Reps invite Amaechi over NPA’s unaccounted N166.9bn by Leke Baiyewu

The House of Representatives’ Committee on Public Accounts has invited the Minister of Transportation, Rotimi Amaechi, and the management of the Nigerian Ports Authority to explain the revenues accrued to the agency totalling N166.69bn as of December 31, 2016, which were not properly captured in its statement of account. The committee is asking the minister and the NPA to explain the cost of services rendered to the Authority amounting to about N103.99bn, which was made up of channels and waterways maintenance at N65.130bn as well as ports and quays expenses amounting to N38.41bn. The officials had been invited to especially respond to queries issued by the Office of the Auditor General of the Federation on the financial statements of the NPA in 2016, 2017 and 2018. Amaechi and the leadership of the NPA were to appear before the committee on Thursday. However, journalists were informed that the investigative hearing had been shifted to July 8, 2021, following a communication received from the invitees. The Auditor-General of the Federation, Adolphus Aghughu, in an audit report, a copy of which our correspondent obtained on Thursday, stated the respective income from each of the services, scheduled oil terminal dues, details of pilotage and service boats and the nature of rentals services offered and rates applied. The report stated that examination of the accounts revealed that the channels and waterways maintenance rose from N44.43bn in 2015 to N64.13bn in 2016, an increase of over N20bn. The NPA was said to have incurred about N38.41bn as service charge on the Ports and Quays. The office, therefore, asked the NPA management to provide details of how these charges were incurred and what it meant by the term ‘others’ on which about N4.7bn was spent. Furthermore, the auditor-general said an examination of the accounts of the NPA showed that Intels Integrated Services Limited was overpaid commission to the tune of N2.1bn. Amaechi and the NPA are to also explain what happened to the dividend income of N643.01m received from their Joint Venture partners as well as interest income of about N97.8m and N28.7m being interest from bank deposits and interest on loans and receivables. Other queries issued against the NPA included administrative expenses of N61bn, which included professional charges of N638m; donation and subscription of N1.88bn; exchange loss of N7.3bn; defined benefit expenses of N11.4bn; and director’s remuneration of N4.2m. The office also identified what it called ‘understatement of depreciation charges’ to the tune of N6.4bn, stating that ‘the provision made against eight classes of property amounted to N4.47bn as against N10.89m arrived at during vetting’. Copyright PUNCH.

Auditor-General queries multibillion-naira irregularities in NPA accounts by Leke Baiyewu

The Office of the Auditor-General of the Federation has issued seven queries on the audited accounts of the Nigerian Ports Authority in 2017. The queries include standalone financial statements, non-current assets (depreciation, addition to fixed assets, property, plant and equipment, and interest in joint ventures), current assets (cash and cash equivalent, trapped fund in Enterprise Bank, inventories, trade receivables, etc.), liabilities, statement of profit and loss, and other comprehensive income, expenditures and administrative expenses. The Auditor General, Adolphus Aghughu, in an audit report sent to the National Assembly, dated May 24, 2021, a copy of which journalists obtained on Friday, demanded explanation from the management of the NPA on its audited accounts, which he said was submitted to his office on February 22, 2019 for comment, in accordance with the provisions of the constitution. The House of Representatives Committee on Public Accounts invited the Minister of Transportation, Rotimi Amaechi, and the management of NPA to appear before it on July 8, 2021 over the queries. Speaking on the N65.763bn spent on fixed assets, Aghughu said the NPA management should furnish the analysis of the assets acquired during the year, showing suppliers, evidence of ownership, gross amounts, outstanding amounts (if any), taxes deducted and remitted to the relevant tax authority and the current status of the assets. Also on property, plant and equipment, on which N390.581bn was spent, the Auditor General said, “The carrying amount of the property, plant and equipment and properties on lease were qualified in the auditor’s independent report, because they were unable to obtain sufficient and appropriate audit evidence to confirm the completeness, existence and valuation of the carrying amounts. “In view of the above, the management is required to provide the schedules of movable assets purchased by the concessionaires per the various lease agreement and furnish the list of assets in use and projects in progress acquired or being executed by the concessionaires for the authority under the ports development programmes of the lease agreements for audit scrutiny.” The NPA is also expected to provide “sufficient records, backed up with a detailed fixed asset register to support the existence, completeness and carrying amounts of property, plant and equipment, as well as properties on lease,” while Aghughu further asked the management to “provide an updated non-current assets register showing the dates of purchase, location of assets and amount depreciated to date.” The management is also to provide a list of property, plant and equipment transferred to Continental Shipyards Limited at inception as part of the NPA’s capital contribution and furnish the list of various assets, including buildings disposed by the authority in the last three years. Aghughu further demanded a schedule of bank balances showing the names and locations of the banks at which cash and cash equivalent from current assets of the authority are maintained, the individual account balances and the respective comparative figures. The office further asked for a “detailed list of the subsidiaries and the bank balances resulting in the observed total difference of N168,458,000 in the bank balances within and outside Nigeria between the group and the authority, which represent the balances of the subsidiaries. “Cogent reasons why the accounts were garnishee by the law court and detailed efforts towards setting aside the order as shown in the table below being cash and cash equivalent under garnishee order by the law court.” The office also reported that funds amounting to about $3.231m may have been trapped in Enterprise Bank as the report from the NPA management showed that “there was no movement in Enterprise Bank account with Number 6003605768 during the year.” It added, “The balance has not changed from $3,231,677.45 for more than two financial years,” asking the management to provide the current status of this bank balance. The Auditor General also queried the status of the Staff Home Ownership Scheme as well as the N1.5bn deposited as initial takeoff fund with Aso Savings and Loans Plc, which Aghughu said served as an agent for the creation of mortgages and the subsequent collections of repayments on the same mortgages, adding that the NPA later severed relationship with the bank, following the Federal Government directive on Treasury Single Account implementation in 2015. The office said an audit examination showed that the NPA made an advance payment of about N4.479bn to contractors and demanded that the name of the individual contractor, nature of the contract, age analysis of each of the contracts and reasons for not sanctioning in line with the Financial Regulation 3104(1). The Auditor General also demanded explanation from the NPA on the current status of about N2.334bn received from shipping companies in 2013 as tracking fees, which was deposited with First City Monument Bank and was supposed to have been transferred to the Economic and Financial Crimes Commission in 2017. Speaking on circularisation of the management letter with terminal operators, the office said, “According to the Management Report, Page 37, Paragraph 5.3.1, seven terminal operators’ circularised two responses were received, while others had yet to reply.” Aghughu noted that while one of the terminal operators quoted an indebtedness of $513,150.51, the NPA records were reading $4,485,981.52, showing a difference of $3,972,831.01. He added that while the second operator, ABTL, quoted $619,372.99, the NPA records showed $2,383,675.24 variance, with a difference of $1,764,302.25. The NPA also queried “trade and other payable” on which N116,674,099,000 was spent, demanding the name of the creditors, services rendered, comparative figures as well as a breakdown of the Value Added Tax and Withholding Tax, stating the reasons the remittances amounting to about N35,317,209,000 were not made to the relevant tax authority. Apart from a revenue of N239.480bn reported, for which the office is demanding a breakdown into their various components for audit scrutiny, Aghughu also queried under-remittance of operating surplus by the authority in 2017. He said, “It was observed on Page 15 of the Financial Statements that the operating surplus for the year 2017 was N76,782,268,000 and N42,414,819,000 was appropriated for the year. However, during vetting, it was discovered that the sum of N61,425,814,400 should have been the appropriate operating surplus to be transferred to Consolidated Revenue Fund using 80 per cent as a basis, hence an under remittance amounting to ₦19,010,995,000 be remitted without further delay.” The Auditor General also demanded explanation from the NPA on how the sum of N116.680m was expended, budgetary provision and evidence of the work done. Aghughu also queried what he called excessive increase in administrative expenses, with insurance and licenses increasing from N1.182bn in 2016 to N3.809bn in 2017, an increase by about 222.1 per cent, while professional charges rose from N638.482m in 2016 to N7.208bn in 2017, representing 1,029 per cent. Similarly, cost for repairs and maintenance increased from N209.044m in 2016 to N1.039bn in 2017, an increase of 397.3 per cent, while Oslo rebates stood at N6.409bn in 2017. The Auditor General is also asking the NPA to provide the list of items insured, insurance policies, budgetary provisions and reasons for the escalation of the cost in 2017 by 222.1 per cent for audit scrutiny, provide the nature of the professional services, names and addresses of the professional firms, report of professional services rendered, which led to professional charges increased to N7,208,021,000 in 2017 from N638,482,000 in 2016. Aghughu also wants the management to explain with breakdown, the increase in repairs and maintenance in 2017 to N1,039,505,000, from N209,044,000 in 2016, giving a difference of N830,461,000 (percentage increase of 397.3) and also provide the list of vessels that applied and granted Oslo rebates of N6,409,886,000 with relevant supporting documents. PUNCH.