Archive for nigeriang

Step up financial reforms, Transparency International tells G20

Step up financial reforms, Transparency International tells G20

Transparency International, the global
corruption watchdog, wants member nations of the Group of 20 (G20) to
step up their efforts towards sustained financial sector reforms
against the background of growing corruption and negative impact on
economic recovery efforts.

Ahead of the
group’s two-day annual Finance Ministers and Central Bank Governors
meetings, which begins today in Washington D.C., United States of
America, the global anti-corruption body stated that reforms would
entrench ethical corporate governance in the face of growing prevalence
of financial frauds in the financial institutions of most members of
the group.

Good corporate
governance, according to its Chairman, Huguette Labelle, is critical to
sustainable financial institutions, adding that the integration of good
governance and anti-corruption measures are critical to the
sustainability and effectiveness of the reform measures.

“The time to act is
now to entrench good corporate governance culture. It is two years
since the onset of the financial crisis and the critically needed
reforms to protect the general public from fraud must be fully
implemented. The current scandals underline the need for better
oversight and efficient law enforcement,” he said.

Group’s resolutions

Mr. Labelle
recalled the group’s resolution calling on G20 members to ensure that
they implemented the financial regulations outlined at the end of its
meeting in 2008 as the main structural solutions to averting future
economic crises, warning that the complexities in new regulations on
derivative trading, hedge funds, “too big to fail” institutions or
prudential standards should not be a reason for any delay.

Stressing the need
for regulatory agencies to strengthen the transparency of all financial
products marketed to investors, the global body said this would ensure
clear requirements for comprehensive disclosure, and prevent abuses of
off-balance sheet instruments, while individuals and firms would be
sanctioned for fraud.

“Lack of corporate
governance, weak ethics and poor regulation was at the heart of the
financial crisis. This should not be allowed to happen again. Any
corporate communication to investors and to the general public should
be designed to inform them, and not to purposely sell weak products or
publish dressed up quarterly figures.

“If anyone has any
doubt about the urgent need for the G-20 to make integrity a crucial
issue in global financial reform, then they just have to look at
today’s newspaper headlines,” Mr. Labelle said.

World Bank statistics

Available World
Bank statistics, according to Mr. Labelle, indicates that the global
financial meltdown last year directly prevented over 50 million people
in the developing world from escaping abject poverty, adding that the
Finance Ministers and Central Bank Governors should use the occasion of
this week’s meeting to consider a comprehensive analysis of the G20
Action Plan to forestall a repeat of the global economic crisis.

As part of efforts
to entrench corporate governance in the nation’s financial system, the
Board of Directors of the Central Bank of Nigeria (CBN) late last week
rolled out an amendment of prudential guidelines on loan loss
provisioning first issued in 1990, prescribing a set of minimum
requirements for banks and other financial institutions.

The apex bank’s
governor, Sanusi Lamido Sanusi, said the review became necessary
bearing in mind the current dynamics in the industry to provide
measurement for loans, establishment of loan losses allowances, credit
risk disclosure and related matters.

The approved
amendment recognizes ‘Specialized Loans’ and ‘Other Loans’ as the two
provisioning categories, with the former using time-based approach,
while the current prudential guidelines for specific loans loss
provisions shall continue to be applied to other loans type.

According to Mr.
Sanusi, the time-based approach establishes longer time lines for
measuring asset quality, based on the gestational periods for projects
in sectors of the economy such as small and medium enterprises (SMEs),
agriculture and infrastructure.

The ‘Specialized
Loans’ comprise mortgage loans, margin loans, object finance, project
finance, real estate loans, SME loans and others, including corporate,
commercial and retail loans, advances, overdrafts, commercial papers,
bankers acceptances, bills discounted, leases, guarantees and other
contingencies connected with a bank’s credit risks.

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Nigeria’s domain impact negatively on businesses

Nigeria’s domain impact negatively on businesses

The use of the .ng domain for online
business transactions with other countries is said to be affecting
business negatively, due to the high level of cyber crimes in the
country.

Bunmi
Akindele, a business woman, said, “Considering the way those in Europe,
United States, and Asia, among others, see Nigerians as a fraudulent
people to do online business with, using the .ng domain for your
business will certainly affect your business with organisations abroad.

“I
cannot register my company name with the .ng domain because it will
ruin my business as I cannot order for goods with that domain’s name
because it exposes my identity. The country has been portrayed in a bad
image because of the yahoo yahoo deals (Internet fraud) in Nigeria,”
added Ms. Akindele.

IP address, not .ng

However,
in a telephone interview with NEXT, Lanre Ayaji, the president of
Nigerian Internet Group (NIG) explained that the .ng domain name is not
the cause of failed online transactions, but the Internet Protocol (IP)
addresses from Nigeria.

“I
don’t really think that is the major reason why people are not using
it. I have been using the .ng domain for over 10 years now, and I have
not had any serious problem with it. People abroad who are scared of
doing business with Nigerians online are not using the domain name to
discriminate; they usually use the IP address to discriminate. The
discrimination is not done manually; it is done by the application
system that is operated abroad, and it is on that system that they list
the IP address which they don’t want to accept.

“The
moment an IP address is identified to be that of a Nigerian, that
person is barred from doing business online with that organisation. So,
it is not the domain name that causes the problem. Anybody that has a
perception that if he or she uses .ng, they will have problem doing
business online may have to re-examine that view. I think that is just
a mere perception, and not the reality,” said Mr. Ajayi.

Blame it on cybercrime

However,
operators agree that the high incidence of cybercrime is a major issue
that has also affected online transactions with Nigerians.

Mr.
Ajayi said, “I will encourage people to take up the .ng domain as it
may not affect their online transactions. But that is not to say that
the incidence of cybercrimes have not affected online transactions from
Nigeria.”

The
absence of policy to tackle cyber crime is a major problem. Jimson
Olufuye, the president of Information Technology Association of Nigeria
(ITAN), called on the federal government and regulators to put in place
appropriate legislations on cyber security to mitigate crimes. Mr.
Olufuye urged government to key into the toolkit recently launched by
the International Telecommunication Union (ITU) to reduce cybercrime
globally.

Benefits of .ng domain

Ugo
Akiri, an official of the Nigeria Internet Registrations Association
(NIRA), said the benefit of using the .ng domain are enormous,
particularly with regard to cleaning up the country’s image.

“The
.ng domain is a good instrument that will help to clean up Nigeria’s
image in terms of the negative use of the Internet these past years.
This will also help us to generate enough resources to invest in the
new generic top-level domain name (gTLDs) before foreigners overrun us
by taking up viable Nigerian geographical names for their new gTLDs.

“Access
to information is very important, as the world is developing daily by
new technologies and better ways of doing things. So, this would impact
on our access to information generally, and on education specifically,
as more Nigerian content will be available on the web,” she said.

Mr.
Ajayi also added that if Nigerians can register their businesses with
the .ng domain, it will help to improve the country’s economy without
the attendant capital flight.

“For
Nigerians, it saves foreign exchange. If you are not registered with
.ng, you would be registering with another gTLD and would be paying
dollar to the other country, but when you register with .ng, you are
paying naira to the registrar and you are saving money for the country,
instead for another country,” he said.

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Nigeria, South Africa to enhance trade relations

Nigeria, South Africa to enhance trade relations

The
South African embassy has promised to improve on the challenges faced
by Nigerian business personnel in getting visas to that country, in
order to enhance the trade relations with Nigeria.

Thandi Mgxwati, Political Counsellor/Head of Lagos
Mission, South Africa High Commission, speaking on ‘Nigeria-South
Africa Bilateral Relations – Successes and Challenges’, said efforts
are currently being made to make visa applications and processing
easier for Nigerians wishing to travel to that country.

The South African envoy, who spoke at a breakfast
meeting organised by the Nigerian-South African Chamber of Commerce on
Wednesday in Lagos, said this is one of the ways to fully explore the
investment and trade opportunities available to both countries through
their bilateral relationship.

The relationship between Nigeria and South Africa
is believed to be skewed in favour of the latter, as there are more
investments and trading activities by South Africa in Nigeria, than the
other way round.

“South Africa is looking forward to working with
Nigerian businesses to further open up trade and investment
opportunities between the two countries, and we will like to see more
partnerships and more Nigerian businesses coming into South Africa. We
are trying to respond to the imbalance business arrangement by taking
advantage of these opportunities to create a better working condition
for all parties,” she said.

Ms. Mgxweti argued that Nigeria can gain a lot in
business partnership with South Africa in terms of industries,
agriculture, among others.

Investment opportunities

Trade relations between both countries since the
launch of the South Africa- Nigeria Bi-National Commission 10 years
ago, leapt from $16.5-million in 1999, to $2.1-billion in 2008.

Although Ms Mgxweti said she did not have current
statistics on the volume of trade between Nigeria and South Africa at
the time of the briefing, she however, hoped it is good, adding that
there is still a lot of business potentials in the two countries
waiting to be explored.

Visa problems

Most of the participants who spoke at the meeting
called for a quick resolution of the visa problems encountered by
Nigerians at the South African embassy, as the situation is affecting
Nigerians intending to do business with that country.

To this, Ms Mgxweti said, “We are currently
working on a short term solution. This we intend doing by introducing
systems to perfect the turnaround time for visa applications. This will
be used to provide more information to people, as we have realised that
the lack of information on the visa requirements by the embassy has
been a deterring factor to issuing visas.

“We intend creating a website which will enable
people to read more, and this will concurrently serve as a platform to
addressing issues of business barriers. We also want to use this medium
to encourage people who intend going for the World Cup to apply on time
for their visas and not leave it to the last minute, as this will help
save all the hiccups and unnecessary stress,” she added.

Nicholas Coleman, the new Commercial Counsellor at
the South Africa High Commission, said his mission to Nigeria is to
enhance trading opportunities between both countries, by providing
relevant information to potential investors and business personnel
wanting to explore the South African economy.

Alubani Sebanda, Head, South Africa Corporate
office, Stanbic IBTC Bank Plc, sponsors of the breakfast meeting,
recalled that the bank started with five branch offices in Nigeria, and
has been tapping from the vast Nigerian economy, and believes they can
still do more.

“We are an international repute bank with no
crisis record during the bank auditing and repositioning carried out by
the Central Bank of Nigeria, in August last year. We are still waxing
stronger and are encouraging a growing partnership and business
investments between both countries, and we are willing to extend our
private equity external bank by looking into enterprises and help them
gather information about what is happening in South Africa and what to
invest in,” he said.

Thobi Duma, Country Manager, South Africa Airways,
used the opportunity to encourage Nigerians to book their flights to
attend the World Cup, as this will open up more business opportunities
for them, while also providing them a means of relaxation and tourism.

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‘NNPC is 100 per cent in support of deregulation’

‘NNPC is 100 per cent in support of deregulation’

The newly appointed group managing director of the Nigerian
National Petroleum Corporation (NNPC), Shehu Ladan, has joined his predecessor
to state that NNPC is fully in support of the planned deregulation of the
downstream sector of the petroleum industry by the federal government.

While presenting a paper, titled, “Downstream Petroleum Sector:
The Imperatives of Deregulation,” before a coalition of legislators at the
National Assembly in Abuja, on Wednesday, Mr. Ladan, said the speedy implementation
of the deregulation policy would go a long way in encouraging inflow of private
sector and international investment in the downstream sector.

“Without mincing words, let me join my predecessor to state that
NNPC is 100 per cent in support of deregulation, not just because it will
support our business, but because this is the only way that majority of
Nigerians will derive fair deal from the abundant petroleum resources in the
country. With deregulation, consumers will enjoy fair product prices and
operators will be in a position to recover full cost and reasonable margins on
their operations,” he said.

The NNPC boss argued that implementation of the policy would
give rise to efficiency in product usage, product availability and effective
competition among investors, hence putting an end to the “NNPC monopoly.”

Investors’ fear

Mr. Ladan said it is only when a deregulated regime is put in
place that the private refineries that have been licensed can really take off,
noting that investors who have been given licenses to build refineries are
scared of venturing into the multimillion naira project because of the
regulated regime in Nigeria.

“Clearly there is the need to move away from the current ad hoc
pricing to an automatic price adjustment mechanism that is truly
de-politicised. In the transition to full market liberalisation, the regulator
has the responsibility to monitor and check anti-competitive behaviour such as
price gouging and predatory pricing,” he explained.

The Corporation head further explained that complimentary
measures have been included in the 2009 supplementary and 2010 budgets to
cushion the likely effects of the policy, adding that the measures included the
provision of intra-city rail transportation in six major cities: Lagos, Kano,
Port-Harcourt, Jos, Enugu and Maiduguri, as pilot projects. He also said plans
were underway by the federal government to commit N373 billion to massive road
rehabilitation and new construction interventions across the entire country in
addition to the procurement of 25 railway locomotives.

“Part of the complementary measures to cushion the effect of
deregulation on the low income and the poor household include the provision of
low income housing scheme and civil servants mortgage scheme and N10 billion
revolving mass transit scheme in 2009 supplementary budget,” Mr. Ladan said.

The Chairman of the Coalition, Bassey Etim Bassey, said the
corporation head was invited to outline the merits and demerits of deregulation
to members of the National Assembly, to enable them to take an informed
position about the policy.

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‘Businesses need a road map’

‘Businesses need a road map’

Stephen Covey, a motivational speaker, has said that in order
for organisations to grow effectively they need to first discover their “road
map.”

Speaking at an event with business representatives in Nigeria on
Wednesday in Lagos, organised by Zain Nigeria and tagged ‘An Evening with Dr.
Stephen Covey’, Mr. Covey said only an accurate road map will lead to great
improvement in business.

Maps and principles

“In business, there is need to practice positive mental attitude
but attitude and action is insufficient, the key is to have an accurate map,”
he said. “Every great breakthrough is a great win. If you want to make minor
involvement, work on behaviour and attitude; if you want to make quantum
involvement work on paradigms. A paradigm is like a model for assumption of a
map.

“To have an accurate map is extremely important and that can be
embodied in your mission statement. Secondly, the power of principles is very
in important in organisations. A true principle is always the same. So, the
idea is that you build your life and organisation on the correct paradigm or
map and the principles that are universal and timeless.”

Mr. Covey explained that principles are important in any
organisation or cultural environment but should not be misunderstood as values.

“Principles are not values; the key is to value principles. The
different is that values are social norms, personal, emotion and subjective
while principles are natural laws, impersonal, objective and factual,” he said.
“These principles are applied in any country and in any culture. The more you
value principles and live by principles the higher the trust become. The higher
the trust is, the lower the cost is and speeds is exalted enormously. When you
have lower trust, speed really slows down and cost goes up. So that is why it
is important to have a correct map or paradigm and live by principles. The
essence of what I teach over 140 countries around the world is to teach people
about research, strategic planning and leadership.”

Growth and impact

However, Mr. Covey said that in order for organisations to grow,
they must seek customers who can also aid in promoting their products and such
a relationship must be built on principles.

“Relationship with organisations and customers/clients must be
built on principles so that on the net promotion scores you get 9-10 scores on
the scale; people will be committed, loyal and would stay with you,” he said.
“After decade of research only one question correlative to an organisation’s
profitable growth (is relevant): how likely is it that a customer could
recommend this product to others? If they give you 9-10s, they become
promoters; anything less than eight are detractors, they would find fault with
your products and service and would not recommend you to others.”

Speaking with NEXT at the event, business participants agreed
that motivational lectures can help change and develop organisation and
governance in Nigeria.

Tunde Ayeye, a business consultant, said “I think it goes beyond
organisation effectiveness; it helps you in your life as an individual and I
think it very useful.”

Mr. Ayeye added that despite the problems in Nigeria, especially
corruption, there is a basic need to adopt principles in order to transform
society. “The truth of the matter is corruption is global and its pervasive.
You are a product of your choices, and you make choice based on principles. So,
I think other business and governance need to adopt those principles if we want
to transform our businesses and our society,” he said.

However, Ayo Akintujoye, a marketing executive at 2G Consulting
firm, said that the virtues recommended by the speaker are good, but the
cultural reality of the country has not fully allowed for change to take place.
“I have been to events like this both international and local and you discover
that there is a vacuum from what you learn and the cultural reality of
Nigeria,” he said.

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MEDIA AND SOCIETY: The builder of the House on the Rock

MEDIA AND SOCIETY: The builder of the House on the Rock

The holy book
enjoins the faithful not to build their spiritual house by the seaside
lest it be washed away by strong tides, neither in the open fields lest
it be blown away by strong winds, nor among thorns and weeds lest it be
choked to death by worldly concerns, but on the rock where it can
withstand inclement weather. The moral of the message is that life is a
continuum; that your earthly mission prepares you for the life after
and that what you sow you reap.

One man who seems
to have taken the lesson literally is the gap-toothed general. Away
from the vulnerable fields of Obalende, and the threatening waves of
the Bar Beach, our man moved to Abuja and built himself a House on the
Rock.

As the landlord, he
knew all the nooks and crannies of the place but when with one
misunderstood stroke of the pen he cancelled a freely conducted
election in 1993 and all hell was let loose, he patriotically stepped
aside. Sixteen years, five administrations and several distortions
after, he is poised to return to his house to restore its original
master plan.

In doing so he is
following the path of history. Two of his predecessors also toed that
path; one tragically, the other successfully: Jack, the innocent
general, who wined and wedded while the country fought itself, tried to
retrieve what he left behind sixteen years after being shooed out of
office, while the Ota chicken farmer recaptured the crown he
voluntarily relinquished 20 years earlier. As the original landlord,
the gap-toothed general should know how to navigate his way faster to
the house he built.

It is a welcome
development. After witnessing the hell raising and bullying style of
the chicken farmer, the sedentary and sleep-inducing way of the ailing
president, the tenderfoot steps of the acting one, every patriot should
know that what is needed is the experienced, serenading surefootedness
of the one who built the House on the Rock. Who could have forgotten
how he unchained the mouths of a voluble people long caged by the
stern, thin and vengeful general; or how he set free the two
journalists jailed under Decree No 4, thereby running an open
government, the envy of black Africa?

Let no one raise
the spectre of later proscriptions of opposition publications, or the
jailing of many journalists without trial.

All was done for
the orderly development of the country, and no more than child’s play
compared to the antics of his successor, the dark-goggled one, who
holds the dubious honour of having locked up more journalists and
banned more publications in our history.

Let no one mention
that he tried to sap life out of our people with his Structural
Adjustment Programme. Who does not know that it was a visionary
programme, poorly copied by the chicken farmer with his endless
increase of fuel prices in the name of deregulation? Only the patent
owner can apply it again with debilitating effectiveness to modern
times.

Let no one whisper
the enthronement of the ‘settlement’ culture. It is another indication
of how the media often fail to close up on the big picture by focusing
on long shots. Who has forgotten that he jailed a former oil minister
for drinking tea and receiving a gold wristwatch in his patriotic war
against corruption? Who does not know that he prevented a population
explosion in the cells by simply collecting proceeds of multimillion
Naira graft and warning the culprits to go away and sin no more, while
jailing only petty thieves? If the media were even-handed, they would
have harped on the spiritual basis for the general’s action to the rich
that ‘to err is human, to forgive is divine’.

The one that galls
most is the endless reference to the June 12 election. Since everyone
agrees that the general conducted the freest and fairest election in
Nigerian history, why do they deny him the right to also annul it?
After all, as military president, he did not pretend to be an elected
one. Besides, it is only a mad man who will not avoid a moving train
hurtling in his direction in the shape of the dark goggled one. In line
with our people’s saying that ‘he who runs away lives to fight another
day’, he stepped aside for a new experiment when the people were
shouting ‘crucify him’.

To underscore the
saying that ‘you don’t appreciate what you have until you lose it’,
hasn’t the country been the loser for the early departure of the
gap-toothed one? At a time when brother African presidents such as
Mobutu Sese Seko, Omar Bongo, and Gnassingbe Eyadema were laying good
examples for longevity in office for the likes of Hosni Mubarak and
Robert Mugabe, the general was harried out of office. Witness the peace
reigning in the Democratic Republic of Congo, the blooming democracy in
Zimbabwe and Egypt, and the ease with which the younger Eyadema
inherited power, and every patriot will root for the return of the
builder of the House on the Rock!

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LITTLE ENDS: Obama for Local Government Chairman

LITTLE ENDS: Obama for Local Government Chairman

Dear President

Obama:

Apologies for
crashing this unsolicited letter into your tight schedule. I am
directed by my conscience to write you urgently with regard to your
recently disclosed tax returns for the 2009 fiscal year. You and your
wife declared a joint annual income of USD 5.5 million out which Uncle
Sam sliced USD 1.8 million in taxes.

In essence the
President of the United States and his wife jointly made USD 3.2
million in 2009! The bulk of that money is from book sales and not from
your salary and perks of office.

Mr. President, this
is truly frustrating and embarrassing. You have only just hosted
Goodluck Jonathan, the Acting President of Nigeria. All those
ministers, governors, and ‘miscellaneous aides’ you saw grinning from
ear to ear behind him are known in Nigerian parlance as his
“entourage”. Some of those fellas could make your annual income in just
one ‘food for the boys’ contract in Abuja. A contract that will never
be executed even after full payment has been made upfront.

Some of them could
even spend your annual income on a Dubai vacation with a girlfriend –
usually an undergraduate sourced for them by aides. Your annual income,
Mr. President, is in the region of what an ordinary local government
chairman could claim to have spent on “stationery, entertainment, and
miscellaneous” in the first quarter of a given fiscal year in Nigeria.
If you ever visit Nigeria and spend 24 hours, Mr. President, Aso Rock
and the National Assembly could easily invent a supplementary budget
way beyond your annual income to host you.

I have given you
these background details so that the suggestion I am about to make
would not sound outrageous to you. Mr. President, you and Mrs. Obama
are wasting time in America. You are violating the message in this
Yoruba proverb – omo to pa owo wale ni iya e nki kaabo (a mother
reserves a special welcome only for the child who brings home sack
loads of money)”. In the spirit of this proverb, I suggest you resign
as President of the United States, an office that can only guarantee
you less than $5 million a year, and move to Nigeria urgently.

A man of your
stature should have no problem becoming a Nigerian citizen within 48
hours. If there are problems, authentic citizenship papers can be
arranged very quickly once you land in Lagos. Ask people about Oluwole.
It is election season in Nigeria and I think you should contest for
chairmanship of a local government area.

Mr. President, I am
suggesting local government chairmanship because it is the only safe
haven left to make dollars in millions in Nigeria. You are a man whose
modesty and simplicity are legendary. The money you would make at the
local government level would be way beyond what you and Mrs. Obama have
ever dreamt of, but you would still be able to maintain your sanity and
return to America with enough money to merit that special welcome by
Mrs. Obama’s mother.

To advise you to
run for political office at the state or federal level in Nigeria is to
expose you to pure madness. Unfortunately, the madness at those levels
is viral and contagious. As governor, rep, senator, minister, or Aso
Rock hang-around, we are talking of hundreds of millions, or even
billions of loot able dollars.

Mr. President, I am
not sure that your mental frame could take the idea of being suddenly
plunged into the category of the less than 5% of 150 million Nigerians
who could make five hundred million dollars in just one deal, have
difficulty spending it, and discuss it like chicken change in the
public sphere. That is what we are talking about once you venture
beyond the local government level that I am recommending. Mind you, a
great deal of the money you would make would be loads and loads of raw
cash – transported endlessly in what we call Ghana-must-go bags by your
aides. If you encounter a man called James Ibori, he will introduce you
to the art of ferrying raw cash daily from Nigeria to Dubai – all that
cash passing through Nigerian airports unchecked.

This is the sort of
vicious, symbolic violence Nigerians have to cope with everyday.
Violence is the knowledge that not a single Nigerian is able to
confidently declare that we have one, just one, elected official
anywhere in the country who isn’t stealing at the levels I have
described. Violence is the kind of figures that are in the newspapers
every day: billions and billions being looted in broad daylight by our
friends in Abuja and the state capitals. That is terrible knowledge
that erodes the sanity of every ordinary Nigerian bit by bit.

Mr. President, if
you know that you are going to be able to deal with the quantity of
cash available for loot as a governor, rep, senator or Aso Rock insider
without losing your mind, then by all means contest for office at those
levels. And please do not deceive yourself that you could go there and
be principled. The truth of the matter is that every elective office in
Nigeria is by nature rigged to turn you into an instant
multi-millionaire in dollars.

If you rebel
against the nature of your office, Mr. President, if you try to stay
above the muck and rot, you will become a clear and present danger to
all the Ali Babas around you. They will kill you. So, just go to
Nigeria, spend four years jejely as a local government chairman, and
return to America with the kind of money that will ensure that your two
daughters will never have to work.

Yours sincerely,

Professor Tatafo

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Senator Adedibu and the burden of history

Senator Adedibu and the burden of history

Senator Kamarudeen
Adedibu representing Oyo South Constituency has been in the news
recently not for sponsoring a bill or contributing to a worthwhile
debate but for doing something that leaves a burnt taste in the mouth.

Recently at a
public relations event by the British American Tobacco Nigeria (BATN)
in Iseyin, Mr. Adedibu said categorically that the National Tobacco
Control Bill (NTCB), sponsored by respected and distinguished Senator
Olorunnimbe Mamora, is dead. Curiously, he went ahead to say the ‘dead’
bill is intended to close down the tobacco industry and with it the
jobs of over 600,000 Nigerians who directly derive livelihood from the
tobacco industry.

Earlier in July
2009, at a two-day public hearing on the bill organised by the Senate
Committee on Health, Mr Adedibu had made the same allegations. Let me
state categorically that the statements credited to Mr Adedibu are in
bad taste, anti public health and irresponsible of a federal legislator.

The allegations he made are baseless.

Firstly, the NTCB
is not about closing down the tobacco industry but about regulating the
operations of a company whose product kills 5.4 million people every
year. It is about protecting the lives of millions of Nigerian
children, who are being targeted to become smokers, those who also
labour on a twelve hour shift in the tobacco plantations in Oyo State,
represented by Mr. Adedibu.

The bill is to
domesticate the Framework Convention on Tobacco Control (FCTC) a treaty
of the World Health Organisation (WHO) that seeks to protect the lives
of the people from the dangers of tobacco use. Every responsible
government the world over has passed one law or another on this.

President Obama has signed two bills into law in one year, limiting the activities of the tobacco industry.

Secondly, the
Senate Committee on Health is still working on the bill, which is due
to be presented to the House plenary any time from now. How did the
Senator get his information that the bill is dead? His motive is to
rubbish and tarnish the image of the members of that committee and
influence the outcomes of the report to favour the tobacco industry. He
has grossly erred against his colleagues and the leadership of the
Senate must call him to order immediately.

He has
mischievously insisted that the bill is to close down the industry.
That means he has not seen even the cover of the bill. Nowhere in the
bill was it suggested that the industry should close down. The tobacco
industry itself has praised the bill and acknowledged it was not aimed
at closing it down. At the public hearing the industry representatives
made that clear.

Thirdly, the
tobacco industry represented by Tony Okonji at the public hearing
stated that it employs less than 1,000 Nigerians. Mr Adedibu has lied
to his constituency and Nigerians. I now join the Environmental Rights
Action/Friends of the Earth to call on him to voluntarily tender his
resignation if he has any honour left in him.

How much lower can
a senator go? If Mr. Adedibu has turned against the popular culture of
investing in the health of the people, of curtailing the activities of
the tobacco industry and limiting the inherent dangers, why should we
not accuse him of doing the dirty jobs for the tobacco industry? Why
should we not ask him to step down while his constituency asks for an
account of his stewardship in the Senate?

What about the
children age 5-21 years wasting away their prime on the tobacco farms
in Irawo Owode. Mr Adedibu should be ashamed of himself for fighting
against a bill that would change that situation and for his blind
support for the tobacco industry, a rogue industry condemned and
ostracized all over the world for the death and disease its products
have been shown to cause, but embraced and loved by Mr Kamarudeen
Adedibu representing Oyo South Federal Constituency.

Seun Akioye is a media officer at the Environmental Rights Action/Friends of the Earth Nigeria.

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Before another perpetual injunction

Before another perpetual injunction

On April 14, 2010,
Justice Ibrahim Buba of the Federal High Court Asaba issued an interim
injunction restraining the Economic and Financial Crimes Commission
(EFCC) “from arresting, harassing, intimidating, or attempting to
arrest, harass, and/or intimidate (James Ibori) in any manner
whatsoever and howsoever” pending the hearing of the substantive suit
next Tuesday, 20th April 2010.

This judicial
intervention followed an ex parte motion filed by Mr. Ibori’s lawyers
less than 24 hours after the EFCC declared him wanted over fresh
allegations of corruption and money laundering to the tune of N44
billion in relation to his tenure as Delta State governor.

Since an ex parte
motion is heard by a judge without notifying the affected respondent,
Justice Buba ordered that notice of Ibori’s motion be served on all the
respondents in the case, including the Attorney-General of the
Federation (AGF), the EFCC, the Inspector General of Police and the
Director of the State Security Service before the substantive hearing
on Tuesday.

Although there is
absolutely no provision of Nigerian law that allows Justice Buba to
convert this interim injunction to a perpetual injunction purporting to
restrain the EFCC and the other respondents permanently from taking any
action against Ibori, the selfsame Justice Buba had on March 5, 2008
issued a perpetual injunction restraining the EFCC from carrying out
its statutory functions in relation to the alleged looting of the
Rivers State treasury by Peter Odili.

Just like in
Ibori’s case, he initially granted an interim injunction restraining
the Commission from taking any action against Odili in a suit brought
by the Attorney General of Rivers State. When Odili sought to enforce
the order by way of an ex parte motion, he ordered that all parties be
served notice of the motion. At the hearing of this motion, he rejected
the EFCC’s objection and granted Odili the perpetual injunction he
asked for.

The National
Judicial Council recently dismissed my petition against Justice Buba
for gross incompetence and flagrant abuse of power amounting to
judicial misconduct and breaches of the Code of Conduct for Judicial
Conduct on the issue. The Council branded the petition “unmeritorious”
but failed to provide any explanation whatsoever for supporting an
unprecedented injunction that effectively places Odili above the law.
The Council exonerated Justice Buba at its meeting on 24th and 25th
February 2010, in time for his recent transfer to Asaba with effect
from 1st April 2010.

Against this
background, it is significant that of all the 31 Divisions of the
Federal High Court Justice Buba was transferred to Asaba and he (the
newest judge) was the one to which this matter was allocated.

Mr. Ibori is notorious for being a beneficiary of bizarre decisions from all levels of the Nigerian Judiciary.

The decisions of
the Election Petition Tribunal and the Supreme Court in 2003 that the
James Onanefe Ibori who was convicted for stealing building materials
from the construction site of the Lower Usman Dam by a Bwari Magistrate
Court Abuja on September 28, 1995 is not this James Onanefe Ibori
easily come to mind.

The fact that the
relevant Magistrate, Alhaji Awal Yusuf, positively identified this
Ibori as the Ibori he convicted in 1995 and testified that this Ibori
begged him at a meeting on January 23, 2003 to “assist me and I would
pay you back in cash of 10 million naira in any denomination” was
apparently of no consequence to the great judicial minds that dealt
with the matter.

It is also worthy
of note that Justice Marcel Awokulehin of the Federal High Court Asaba
last December dismissed a 170-count indictment brought against Ibori by
the EFCC, purportedly for lack of evidence.

The war of words
currently raging between the EFCC’s spokesman Femi Babafemi and Ibori’s
team typifies the incompetence with which the Commission has handled
this and other matters since Farida Waziri took over as chairperson.

It is notable that
after the Commission found itself in the curious position where its
case against Ibori was dismissed for lack of evidence, Mr. Babafemi
condemned the decision, claiming that the Commission had overwhelming
evidence against Ibori. But rather than put this evidence before a
different judge immediately (since Ibori was merely discharged and not
acquitted), the Commission embarked on the long and tortuous and
completely unnecessary process of an appeal to the Court of Appeal,
which will no doubt be followed by a further appeal to the Supreme
Court.

It was also under
Mrs. Waziri’s watch that the EFCC failed to appeal the illegal
perpetual injunction granted to Odili by Justice Buba in 2008 or take
any other action whatsoever on the matter.

The AGF
superintends the EFCC and is required by the Constitution to “have
regard to the public interest, the interest of justice, and the need to
prevent any abuse of legal process” in carrying out his functions. Yet,
Michael Aondoakaa, who was a respondent in the matter, did not object
to Odili’s application for a perpetual injunction; did not appeal the
decision; and did not direct the EFCC to do so.

How the current
case is handled will go a long way in determining whether the new
attorney general, Mohammed Bello Adoke, who is indeed the first
respondent in the case, is a breath of fresh air or more of the same.

Osita Mba belongs to the Anti-Corruption Committee and the Public
and Professional Interest Division of the International Bar Association.

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