Monetisation of benefits begins, govt to sell quarters, cars
From Martins Oloja, Alifa Daniel and Segun Ayeoyenikan (Abuja)
PRESIDENT Olusegun Obasanjo has made good his promise to monetise fringe benefits of public servants and public office holders in his bid to cut public spending on amenities to government functionaries. Now, the policy takes off on July 1, 2003.
It is estimated that the Federal Government spends more than 86 per cent of the $8 billion oil revenue yearly on recurrent expenditure. And the people in public service are just five per cent of the nation's population.
The Secretary to the Government of the Federation, Chief Ufot Ekaette, at a meeting with 36 secretaries to state governments, the Heads of Service of the Federation and the states in Abuja yesterday said that the old order would not be sustained in the current dispensation.
Ekaette, who headed the Committee on the Monetisation of Fringe Benefits set up by Obasanjo on November 11, 2002, told the state government officials that under the new deal, functionaries like the government scribe, ministers, head of service, the permanent secretaries, judicial officers and National Assembly officers and members would be affected.
In the 13-page document titled: "Brief on the Monetisation of Fringe Benefits in Public Service of the Federation", Ekaette said that items to be covered include main components like residential accommodation, furniture allowance, utility allowance and medical allowance.
Others are leave grant, meal subsidy, entertainment.
By implication, the current occupants of government quarters are to pay 100 per cent of their accommodation allowance as rent.
Similarly, government quarters nationwide are to be sold at a public auction.
The SGF also said that in the new scheme, vehicles are to be returned to the Presidency pool while no new vehicle would be purchased unless the President deems it necessary.
On furniture allowance, Ekaette disclosed that 300 per cent of yearly basic salary is recommended as furniture allowance in line with the provision of the "Certain Political, Public and Judicial Office Holders (Salaries and Allowances etc) Act, 2002."
He noted that because of the likely problem of paying huge furniture allowance of 300 per cent of yearly basic salary en bloc, the allowance would be paid each year at the rate of 75 per cent which amounts to 300 per cent in four years.
Under utility allowance, the government said that the allowance had already been monetised in the extant circulars for public servants as well as Act for the Political Office Holders as follows:
- GL 01-06 - N3,600 yearly
- GL 07-10 - N6,000;
- GL 12-14 - N7,800; and
- GL 15-17 - N8,400.
Permanent Secretaries are to get N16,800 and political office holders 20 per cent of yearly basic salary.
Speaking on motor vehicle loan and transport, Ekaette hinted that this attracts 350 per cent yearly basic allowance in line with the provision of the Political Public and Judicial Officers Salaries and Allowances Act.
The loan, Ekaette further said, would be recovered in six years for both public servants and political office holders.
The motor vehicle loan will attract four per cent interest rate.
According to him, for the scheme to be successful, the government had resolved that no new vehicles would be purchased by all ministries, extra-ministerial departments and agencies.
All officers currently entitled to government vehicles would return them to the Presidency for disposal or pooling in the Conference Vehicles Unit (CVU) as may be appropriate.
Each ministry/agency would be allowed a specific number, approved by the government, of utility vehicles including buses for essential office services (out-of-station duty tours and meetings) but no ministry/agency would exceed the number without prior approval of the President, he explained.
Consequently, a committee would be set up to handle the issue of disposal of vehicles. "In disposing of the excess vehicles, an entitled officer would be allowed to purchase one car for personal use at approved discounted value," the statement added.
Continuing, the government said that "where there is the need to purchase (a) new vehicle(s) by any ministry, extra-ministerial department or agency, a request shall be made to the President for approval."
Provision of drivers to entitled officers would be monetised as follows: the SGF/minister/HOS, two drivers - N239,172 yearly, permanent secretary, one driver - N119,586, and director, one driver - N119,586.
The allowance will be the same with the current provision for domestic servants - total emolument of an officer on grade level 3 step 8.
Service-wide staff buses will be pooled under the management of the Office of the Head of the Civil Service of the Federation. Staff who utilise the facility will be made to pay at a rate equivalent to their transport allowance and funds so generated would be used for the maintenance and fuelling of the vehicles. This facility will be progressively withdrawn when the public transport service improves, Ekaette declared.
On the fate of excess drivers in the system as a result of the new policy, the following steps have recommended:
- those with relevant and adequate qualifications would be retained and re-deployed appropriately;
- depending on the need, others will be deployed to drive staff buses under the Office of the Head of the Civil Service of the Federation; and
- those that will not be deployable will be rationalised but to be assisted by the National Poverty Eradication Programme under KEKE NAPEP programme.
Revisiting the financial implications of the new policy, the SGF said that data from the office of the Establishment and Pensions, Office of the Head of Service, the judiciary, the legislature, the police, the military, the paramilitary and parastatals showed that the Federal Public Service is 996,744, political office holders are 1,448. The National Assembly has a combined total of 469 and the judiciary 1,152.
He noted that the financial implication is being worked out for presentation to the Federal Government.
Ekaette said: "The cost of monetising allowances being recommended is to be arrived at using step 8 of each grade level in line with existing practice."
He admitted that the government was aware that the cost in the first year would be quite substantial but by the third and fourth years, the savings made would have positively impacted on the economy.
He allayed fears about the cost implications.
To the SGF, the economic rent to be realised on government property during the first year and the revenue accruable from the outright sale of the houses during the second year of implementation would equally ease the funding of the monetisation programme.
Ekaette said that the stringent policy had become necessary "because over the years, the cost of governance has continued to escalate, arising mostly from the burden of providing amenities to public servants by the government."
He added that the policy would enable civil servants to own their houses and plan for a more comfortable post-service life.
However, as National Assembly members resume next week to consider the list of ministerial nominees, the Federal Government will be spending at least N400 million to house and feed them at the NICON Hilton Hotel and Abuja Sheraton Hotel and Towers for a month.
Figures released in Abuja yesterday show that the legislators would be housed and fed with between N25,000 and N40,000 daily for the one month they are expected to consider the ministerial list and deliberate on other national issues.
Constitutionally, the Senate has 21 working days to deliberate on the list of ministerial nominees. In effect, the Upper Chamber has a calendar month to work on the list.
Last week, the Permanent Secretary, Ministry of Federal Capital Territory (FCT), Alhaji Aliyu Babangida, announced that the Federal Government would spend N1 billion to renovate the Apo legislators quarters and the National Assembly Complex.
The renovation work, he added, would be completed before the legislators resume next week.
However, indications yesterday were that the renovation may not be completed before next Tuesday when the lawmakers are expected to resume.
A National Assembly source confirmed that arrangements had been concluded to keep the legislators in the hotel for a month until the MFCT and Federal Capital Development Authority (FCDA) conclude renovation work on the legislators' quarters and National Assembly.
Also, hope of early completion of the renovation work on the Apo legislative Quarters may not be in sight according to the chairman, Welfare Committee of the House, Gabriel Suswan.
He told The Guardian yesterday in Abuja that as at last inspection, less than 10 per cent of the renovation work had been covered.
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Senate will meet Obasanjo over fuel price hike, says Wabara
By Wole Shadare (Lagos) and Julius Alabi (Akure)
AS Nigerians await with trepidation the Federal Government's announcement of new prices for petroleum products, Senate President Adolphus Wabara has assured that the upper legislative arm will look into the issue with a view to minimising the effects on the citizenry.
President Olusegun Obasanjo had said at the weekend during a chat with media executives that increase in the price of petroleum products in the country was inevitable.
He said his administration was considering cutting fuel subsidies put at N250 billion, adding that the new prices would also discourage smuggling of the products across the nations borders.
Speaking to reporters at the Murtala Muhammed International Airport, Lagos yesterday, Wabara promised the Senate would discuss the issue with the executive in a bid to ensure that the effects are minimal on the ordinary citizens.
The Senate President said: "We will look into it, the new prices have not been announced. May be the economy is the overriding factor that will make the president to consider pump price increase."
On the scarcity of petroleum product which hit the society immediately after the president's pronouncement, Wabara who was accompanied by the former Chairman, Senate Committee on Information, Jonathan Zwingina, said it was the habit of Nigerians to hoard anytime there is hint of possible fuel price increase.
"They are hoarding so that they could make more profit based on the stock they have now. We will try to control that, but at the end of the day if the increase succeeds, it will not affect the masses negatively," the Senate President said.
He, however, added that the forces of economy would determine the pump price, by way of "joggling things here and there, so that the impact will not be too much on the people and also the industry."
Similarly Vice-President Atiku Abubakar has assured that the N250 billion to be realised from the deregulation of the petroleum downstream sector would be reinvested in other sectors of the economy.
Giving the assurance when he received a delegation of the Independent Petroleum Marketers Association of Nigeria (IPMAN) yesterday in Abuja, Abubakar said the decision to deregulate was to ensure availability of petroleum products nationwide.
He said if the sector was not liberalised, it would be impossible for petroleum products to be available everywhere just as the sector would be unattractive to private investors.
The vice-president said because of the unattractive posture of the sector, 18 private refineries, which were licensed last year, were yet to start functioning.
"Unless it is deregulated, nobody will invest in the sector," he stressed.
He commended IPMAN for supporting the policy on deregulation and urged the association to educate its members on its benefits, which included more job opportunities.
Abubakar told the delegation that efforts would be made to complete the construction of fuel depots in Lagos and Calabar so as to enhance availability of petroleum products nationwide.
Earlier, leader of the delegation, Aminu Abdulkadir, said the essence of the visit was to pledge the support of IPMAN to government's decision to deregulate the petroleum downstream sector.
He said IPMAN had invested N47 billion in the development of the downstream sector and would be grateful if government assisted the association in completing the construction of petrol depots in Lagos and Calabar.
Meanwhile, the scarcity of the products has started biting hard in some states with long queues at filling stations obstructing free flow of traffic.
According to report from Akure, the Ondo State capital, fuel stations have started hoarding the products for sale at higher prices when the government eventually announces new prices.
The Commissioner of Police Mr. Donard Iroham had recently held series of meetings with oil marketers in the state over their alleged refusal to sell fuel at the normal price of N26 per litre.
Also, some students of tertiary institutions in the state had petitioned the Commissioner of Police, urging him to call the petroleum products marketers to order to avoid the wrath of the students if they did not reverse to official pump price.
It was gathered that almost all the independent marketers have been selling fuel above the normal price for the past three months.
Some of them were said to be selling at various prices ranging from N30 to N50.
Investigations by The Guardian revealed that the meeting held with the marketers by the Police Commissioner has no effect on the arbitrary increase of the pump price as the marketers complained that they were bringing fuel from other states at higher price because there was no fuel at Ore depot.
At Akure yesterday, some filling stations did not sell fuel resulting into long queue of vehicles at the few that sold.
One of the fuel marketers along Akure-Ondo road, who simply identified himself as Nasika Petrol, said: "To be sincere with you, it has not been easy for us to get fuel to sell to consumers.
"I want you to wait and see, I will call those who will supply me now." And when he called his suppliers, he was told that he could only get fuel for N33 per litre.
He said the problem confronting fuel sellers was the inability of the Federal and State Governments to find lasting solution to the fuel problem in the country.
Some motorists who spoke appealed to Governor Olusegun Agagu to use his connection as a former minister to ensure that fuel is pumped to Ore depot so as to ease the suffering associated with fuel scarcity.
"We are now tired of this situation, despite the fact that we have fuel depot in Ore. To be honest with you, we are suffering in the midst of plenty," one of them said.
The threat of higher fuel prices has also provoked panic-buying and traffic jams in Lagos.
But Nigeria's trade unions are opposed to fuel price rises, which they say would hurt the living standards of ordinary people.
Petrol prices are an especially sensitive issue in Nigeria, because there is growing resentment that oil revenues have done little to help overcome the country's poverty.
And the leadership of the Nigeria Labour Congress (NLC) threatened strike action if the price hike goes ahead.
Nigerians are heavily dependent on private cars for transport because the country's urban public transport system is poor.
Although the country ranks as one of the world's leading oil exporters, smuggling of fuel for export has created widespread petrol shortages.
Motorists can face queues at petrol stations and black market prices can be more than three times the official price of N26 per litre.
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Liberian govt, rebels sign ceasefire, Obasanjo okays pact
A path was charted yesterday towards restoring truce in strife-torn Liberia as the government and rebel forces signed a ceasefire accord.
The pact was said to be a prelude to a full peace agreement expected to emerge within the next 30 days.
A striking requirement of the pact is that Liberian President Charles Taylor who has been indicted as a war crimes suspect, will have to relinquish power to pave the way for an interim administration.
According to President Olusegun Obasanjo who welcomed the development, it is in keeping with Nigeria's efforts at ensuring peace in Liberia and other countries in West Africa.
In a statement by the Special Assistant to the President on Media, Mrs. Oluremi Oyo, Obasanjo. "commended the parties to the agreement and urged them to respect and abide by its provisions in the interest of the peace, security and development of Liberia and its people."
The President also praised the Chairman of the Economic Community of West African States (ECOWAS), President John Kuffuor of Ghana for his tireless efforts to ensure the conclusion of the peace agreement.
Mediators hope that the agreement-signed in the Ghanaian capital Accra will lead to the deployment of a peacekeeping force as well as the full-scale peace deal.
Stability in Liberia is vital to its neighbours, like Sierra Leone and Cote d'Ivoire which have also found themselves caught up in the fighting in recent years.
Rebels, who control two-thirds of the country, had demanded that Taylor step down within 30 days, as a condition of any settlement.
Critics say the departure of Taylor may lead to greater peace and prosperity, and allow West Africa as a whole to concentrate on economic development, rather than solving conflicts.
Taylor, who has been indicted of war crimes by a United Nations-backed tribunal in Sierra Leone, has said before he is prepared to resign at the end of his term next year.
Defence Minister Daniel Chea signed the ceasefire accord on behalf of the government, while Kabineh Janet and Tia Slanger signed on behalf of the rebels, the Associated Press news agency reported.
The three men shook hands to cheers from delegates.
In Liberia, news of the cease-fire had residents running into the streets of the capital, Monrovia, to celebrate.
Cars, white rags tied to their antennas in symbols of peace, drove through roads honking. Shoppers burst into dancing at one roadside market.
The European Union urged Taylor to co-operate with the war crimes tribunal, which announced his indictment on June 4.
It is said that the 30 day deadline for a full and comprehensive peace agreement is no small task when just getting a truce has taken two weeks.
The truce is to be monitored by the Organisation of West African States, who will also look into the size of the peace-keeping force which will be needed here in the months to come.
Tens of thousands of people are still living rough in the city, afraid to return to their homes.
The schools the president wants re-opened are temporary homes to thousands of people.
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Govt probes N22.8 b scam in oil firms
By Yakubu Lawal with agency reports
THE Federal Government has ordered a probe into the financial scam estimated at over N22.8 billion in two oil companies in the country.
Specifically, President Olusegun Obasanjo ordered investigation into an alleged N312 million (about $2.4 million) bribe scandal involving an American oil service company - Halliburton.
Similarly, the Security and Exchange Commission (SEC) yesterday said an Administrative Proceeding Committee (APC) has begun hearing into the alleged concealment of the debt of over N22.5 billion owed by the privatised African Petroleum (AP) Plc.
The company was alleged to have concealed the debt in its prospectus from the public offer during the 2000 privatisation exercise.
Special assistant to the President on Media, Mrs. Remi Oyo, said in Abuja yesterday that the tax scandal was allegedly paid to Halliburton ostensibly to receive "favourable tax treatment" while operating in Nigeria.
According to Oyo, the scam was unravelled by an audit conducted by the Security and Exchange Commission of the United States last month.
She said the Houston-based company, once ran by Vice-President Dick Cheney, discovered that one of its foreign subsidiaries operating in Nigeria had paid the money to a Nigerian tax consultant.
Halliburton, the world's second largest oil field service company, had testified in the US that it made what it called an improper tax payment of N312 million ($2.4 million) in Nigeria.
The presidential spokes person said the investigation would find out who collected the money, the period the transaction was effected and how much Nigeria lost through the deal.
She added that the investigation, which would be conducted by security services, would be "exhaustive" and comprehensive.
According to her, the investigation is part of Obasanjo's resolve not to allow anybody to bleed the nation's economy, adding that the action is also in line with the policy of the present administration to fight corruption.
Recent reports revealed that the US SEC had discovered that the $5 million Halliburton had claimed was paid as tax in Nigerian operations was not reflected in its balance sheet.
Halliburton has a subsidiary company -Landmark Graphics-which also operates in Nigeria's oil industry.
In AP's saga, SEC Deputy Director, Corporate Affairs, Alhaji Iliyasu Dhacko, said yesterday in Abuja that Sadiq Petroleum Nigeria Limited (SPNL) the core investor in the privatisation offer had alleged that the past management of AP failed to disclose the N22.5 billion the company owed various creditors.
According to Dhacko, the auditors to AP, Messrs Osindero, Oni and Lasebikan, were negligent in the auditing of the company, adding that following the core investor's allegation, the commission in September 2001 set up a committee to investigate the case.
Dhacko said SEC set up the committee in accordance with the powers conferred on it by the Investment and Securities Act No. 45 of 1999.
The apex capital market regulatory body said after the investigation, the matter was referred to the APC of SEC for determination.
The commission, he said, at the sitting of APC on June 10, 2003 had 27 parties brought before it, a quasi-judicial panel for the determination of the matter.
SEC said the 27 parties who appeared before the APC when it commenced hearing into the matter, included AP, its former directors and key management staff.
The committee has adjoined hearing till the first week of July 2003.
The Justice Edet Robert Nkop (rtd) tribunal of inquiry into the financial mismanagement by the former management of AP Plc had recommended among others, that the Bureau for Public Enterprises (BPE) should refund N1.6 billion to investors in AP Plc, that is, Sadiq Petroleum which Controls 30 per cent equity shares and other Nigerians, 10 per cent.
The tribunal report based its position on the fact that BPE never carried out pre-privatisation governance on issue and audit before the company was sold.
The tribunal therefore treated the amount paid by the investors as overpayment in the exercise which should be refunded.
"It was rather unfortunate that Sadiq Petroleum Nigeria Limited had to buy 30 per cent of AP's share for N2,308,804,000 instead of N658,360,000.00", it said.
Similarly, the report stated that the other Nigerians who bought 10 per cent of the shares ought to have paid only N175,600,000.00 instead of N615,600,000.00.
"We therefore recommend that the Federal Government through the National Council on Privatisation (NCP) should refund N1,650,440,000.00 being over payment to Sadiq Petroleum while N440 million be refunded to other Nigerian shareholders who paid for AP's 10 per cent share in the privatisation exercise", it concluded.
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Fiscal commission seeks 20-year ban on loans to govt
From Jane Ezereonwu, Abuja
TO forestall further stress on the economy occasioned by debt servicing, the Revenue Allocation, Mobilisation and Fiscal Commission (RMAFC) has recommended a 20-year ban on all loans for the three tiers of government.
While welcoming Ondo State Governor Olusegun Agagu to his office, the commission's Chairman, Mr. Hamman Tukur, also said that the RMAFC has called for the deduction of each state's debt from its monthly allocation.
"We have prepared and submitted our report to government. We also recommended that external borrowing should be banned for the next 20 years and debts owed by the states should be deducted from each state's share of monthly allocation and not from the Federal Allocation Account, but finance ministry is not doing that yet,"
He added that such deductions should be based on each state's allocation in order to prevent cheating. He added however that those who owe little may be affected in the process of deduction.
On debt servicing, the RMAFC recommended as follows:
- both the federal and states government be cautioned on the accumulating debt burden of the country;
- the procedure for acquiring loans be comprehensively overhauled and tightened;
- a standing embargo should be placed on new loans for the next 20 years; and
- when the price of Nigeria's oil rises above budgeted price at least 50 per cent of the excess should be used to fund debt servicing, applying the existing revenue sharing formula.
The commission also lamented that most states would not be able to liquidate debts in the next 20 years.
"At the current rate of debt servicing, no state in the country would be able to liquidate its debts in the next 20 years. Indeed states such as Niger, Abia, Plateau, Imo and Lagos have no hope of liquidating their debts in the next 50 years at best"
Earlier, Agagu said he called to ascertain the sources of revenue available to the state adding," we should be able to project what to expect"
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Govt plans tobacco regulatory bill, advertisers end feud
By Kabir Alabi Garba and Bukola Olajide (Lagos) and Iyabo Sotunde
TO check the harmful effects of smoking on Nigerians, the Federal Government yesterday said it would soon send a tobacco regulatory bill to the National Assembly.
Meanwhile, following a mutual pact, parties to the suit against the ban of tobacco advertising on some media of mass communication have agreed to the withdrawal of the suit from the court.
The decision to legislate on the habit, according to President Obasanjo, was informed by the myriad of criticisms that have trailed the investment by the British American Tobacco company (BAT) in Nigeria since September 2001 when the Memorandum of Understanding (MoU) was signed between the Federal Government and BAT.
Obasanjo, who spoke at the formal commissioning of the company's factory site in Ibadan, Oyo State assured Nigerians that adequate attention had been paid to the protection of consumers by the government before approving the investment.
The President, who was represented at the occasion by the Oyo State Governor, Alhaji Rasheed Ladoja, said: "In this regard, we intend to send a bill to the National Assembly to enact a law that will ensure a sound and sensible tobacco regulation in the country."
He pointed out that the new bill, when enacted, would sharpen policy on issues such as youth smoking, preventing tobacco promotion and advertisement, visible health warnings and smoking in public places.
He said: "I believe that it is investments such as this one that will enable a better regulated tobacco market which will ensure that only the best practice will be employed in the sale and distribution of the products. This would be in sharp contrast to the unregulated and alarming scale of cigarette smoking which had been sustained by illegal importation of products into the country."
Obasanjo also used the occasion to solicit for foreign investors, stating that government would gear efforts towards integrating Nigeria into a global competitive economy.
At the Federal High Court, Ikoyi, Lagos on Monday, the Outdoor Advertising Association of Nigeria (OAAN) announced that it would not continue with the suit instituted against the decision of the Advertising Practitioners Council of Nigeria (APCON) to ban the promotion of tobacco products from January 1, 2002.
APCON had on August 8, 2001 announced the ban from January 1, 2002 on the advertising or promotion of tobacco products on television, home videos and outdoor boarding.
When both parties maintained their hard-line positions, OAAN, in December 2001, a few days to the expiration of the deadline went to court to seek an injunction restraining the regulatory agency from enforcing the ban.
Almost 18 months later, OAAN President, Chief Ahmed Omisore, lamented on Monday in Lagos at a joint briefing addressed by the two agencies, that million naira had been expended by the association on the case.
Omisore, however, said the body was taking solace in the fact that its member had indirectly achieved the extension. "We sought for and also won the respect of the council, including our clients."
The withdrawal of the suit is part of the resolutions reached by both parties at the APCON/OAAN meeting with stakeholders on tobacco advertising on Tuesday, May 27, 2003 in Lagos.
They resolved at the forum that the current product outdoor advertisements on tobacco be allowed to run till the end of this year.
The resolution also stated that from January 1, 2004, no tobacco (products) advertisements (outdoors) would be allowed.
Participants at the meeting further resolved that current promotional advertisements (image/corporate concepts) should continue indefinitely but without pack and product name.
The meeting gave January 1, 2006 as the final deadline for the advertising of tobacco products in all media in Nigeria.
With this new date, OAAN members were advised to adhere strictly to the agreement, while the two parties pledged compliance with the terms of the communique issued at the end of the meeting.
The trio of Chief Olu Falomo, Omisore and APCON Registrar, Dr. Joset Bel-Molokwu, as well as Chief Simeon Olaghere, Chairman, OAAN Board of Trustees endorsed the pact.
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Police chief warns of arms build-up in Delta community
From Chido Okafor, Warri
AGAINST the backdrop of the upsurge in violence which has led to the death of some policemen, the Delta Police Commissioner, Charles Akaya, yesterday alerted the citizenry to arms build-up in the Uvwie Local Council area of the state.
The police chief blamed politicians for the weapons' proliferation. According to him, the sudden rise in robbery incidents in the state was a fallout of the recent elections, as "after the elections the thugs could not maintain their lifestyle, hence they resorted to violence and armed robbery to sustain themselves."
The police commissioner addressed the members of the Police Community Relations Committee and officers and men of the Area Command at the Ekpan police station.
He stated that politicians armed thugs with guns and ammunition they bought before the elections to scare off opponents, but that the thugs were wreaking havoc on the state with such weapons.
Akaya charged the policemen to fish out the robbers who killed four policemen at Udu two weeks ago, and also the hoodlums that raided the Ughelli branch of Oceanic Bank, killing three policemen.
The police commissioner regretted the death of the seven policemen in the last one month, blaming the development on the profusion of weapons in the state.
According to him, youths now carry sophisticated weapon about, formenting trouble in Effurun and Warri.
Akaya also intervened in the crisis in Uvwie occasioned by the assassination attempt on the regent, Chief Cyril Agbafodoh at the weekend.
He was believed to have held a closed door meeting with the son of the regent, Mr. Newton Agbafodoh, the Peoples Democratic Party (PDP) chairmanship aspirant in Uvwie Local Council, Mr. Friday Ani and other individuals, with a viewing to ensuring that the tension in the area over the assassination attempt subsided.
The details of the meeting were not disclosed to reporters, but it was learnt that the police commissioner read the riot act to the parties formenting trouble in Uvwie.
Akaya urged the officers of the command to be vigilant at all times in view of the escalating robbery incidents in the state.
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Russia wants Syria, Lebanon in Middle East peace plan
A COMPREHENSIVE peace outline for the Middle East involving Syria and Lebanon has been canvassed by Russia which says the endangered "road map" plan for reconciliation between Israel and the Palestinians is too narrow because it excludes the two radical Arab states.
In fact, Russia said yesterday that the "road map" should encompass Syria and Lebanon, the only two Arab countries which have not yet signed an accord with Israel.
"The road map must... include the Syrian and Lebanese tracks to fulfil the principles of the Madrid peace conference," Russian special envoy for peace in the Middle East Andrei Vdovin told reporters after meeting Syrian Foreign Minister Farouq al-Shara in Damascus.
The 1991 Madrid conference set Israel and the Palestinian on the road to the 1993 Oslo interim peace accords.
Vdovin is on a Middle East tour.
Ending the Palestinian-Israeli conflict is the overriding goal of the road map devised jointly by the United States, Russia, the European Union and the United Nations.
Syria and Lebanon have largely been excluded from the plan, which envisages a Palestinian state in 2005 and would end three years of violence between Israelis and Palestinians.
Neither Syria nor Lebanon was invited to a meeting between U.S. President George W. Bush and five Arab leaders last month, intended to push the peace plan forward.
Vdovin said Moscow will use its influence at the peacemaking quartet, which will meet in Jordan on Sunday, to push for comprehensive peace in the region. He did not elaborate.
Syria has said it wants to resume peace talks with the Jewish state, but insists any negotiations should build on the outcome of talks that broke down in 2000 over the future of the Golan Heights, occupied by Israel since the 1967 Middle East war.
Israel says it is only willing to return to the negotiating table if there are no such preconditions.
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Wabara warns against suit by Imo's counsel, INEC
By Wole Shadare and Adeyemi Adepetun
SENATE President Adolphus Wabara yesterday warned that the continuation of the suit against him by the Independent Electoral Commission (INEC) and Elder Dan Imo's counsel, Chief Tochukwu Onwugbufor (SAN), could lead to the destabilisation of the country.
It will be recalled that Imo last weekend allegedly withdrew his suit challenging Wabara's election as senator from the Abia South Senatorial district.
Speaking with journalists yesterday at the Murtala Muhammed Airport, Lagos, the Senate President wondered: "Why is the INEC crying more than the bereaved?"
"I don't know what they mean by that except that they are looking for the destabilisation of the nation. If the affected party is no longer interested and has congratulated me as you all know, I don't know what their problem is," he said.
Wabara particularly berated INEC's scribe, Alhaji Shehu Musa, for trying to cause confusion in the face of Elder Imo's withdrawal from the case.
He wondered if Shehu Musa was interested in being a senator from Abia South Senatorial district.
He said: "The law is very clear, not even the INEC chairman has the right to interfere with the functions of the state INEC. The returning officer in the Electoral Act is the authority. It is very very clear. I think there is a mix-up there and I hope we don't have the arm of the devil in all these, to destabilise this country."
Wabara, who was accompanied by the former Senate Committee Chairman on Information, Senator Jonathan Zwingina, described Elder Imo as "a brother," explaining that a truce was reached after the elders had intervened in the matter to resolve the protracted crisis, adding that there was a mix-up with INEC headquarters in interfering with the functions of the state INEC.
Only on Monday at the Federal High Court, Onwugbufor insisted that the suit against Wabara must go on even if his client (Imo) had disclosed intention to pull out.
INEC, piqued by Imo's withdrawal from the case, also signalled its intention to continue with the case when it comes up tomorrow.
A judge of the Federal High Court, Abuja, Justice Wilson Egbo-Egbo, had also expressed dismay that Dan Imo did not take his lawyers into confidence before making a volte-face at the weekend.
Onwugbufor expressed surprise that he was seeing the letter for withdrawal from the suit by Imo, his client, for the first time, arguing that whatever happens, there is a procedure for the withdrawal of a matter in a situation where a counsel is representing a party, adding that it was not normal for the complainant to just write the court without his consent.
Onwugbufor told the court that the normal procedure for withdrawal of a legal action ought to be observed strictly because the court is a sacred institution.
"I would want the normal statutory procedure for the withdrawal of matter to be observed strictly and until that is done, we are going on with the matter," he stated.
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Governors meet, seek council reforms
From John Abba Ogbodo, Abuja
THE governors of the 36 states of the federation yesterday at a meeting in Abuja resolved that drastic reforms be effected in local government administration in the country, including their removal from the federation account.
This, however, is against the letter and spirit of the constitution.
Sources close to the meeting, which was held at the NICON Hilton Hotel, told The Guardian that the governors convened the meeting on the eve of Council of State's meeting to harmonise positions, which would be presented today.
It was further learnt that the governors agreed that the local government administration, as presently operated, is antithetical to the original concept.
They, therefore, resolved to present to the Council of State the following positions:
- that the councils be removed from the federation account
- that authority to create and finance local government be vested in the state governors who will use their individual methods to structure the administration.
The governors further agreed that state governors should be allowed to appoint sole administrators for the local governments instead of conducting elections.
These steps, according to them, would minimise waste and huge expenditure being embarked upon by local government chairmen.
They further explained that from 1999 to 2003, local government councils spent a whopping N250b without visible development to show for it.
Although there was no official comment on the deliberation, the chairman of governors' conference and Nassarawa State Governor, Abdullah Adamu told journalists that "we met to put our positions together for the Council of State meeting."
The position of the governors, however, runs contrary to Section 7 of the 1999 Constitution, which says: "The system of local government by democratically elected local government council is under this constitution guaranteed."
The other governors in attendance at the meeting included those of Kano, Kebbi, Borno, Sokoto, Zamfara, Anambra, Imo and Osun.
Others were Adamawa, Kogi, Cross River, Niger, Yobe, Ogun, Akwa Ibom and Ondo.
Meanwhile, to ensure a common position on the proposed local government reforms, the PDP yesterday summoned its 28 governors and the leadership of the National Assembly to an emerging meeting.
The meeting, according to a source, followed a position earlier taken by the governors.
PDP's National Chairman, Audu Ogbeh, called the meeting to enable the governors, the party and the National Assembly take a common position on the matter.
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Lagos okays 18 commissioners, swearing-in next week
By Yinka Aderibigbe
THE Lagos State House of Assembly yesterday cleared the path for the state governor, Bola Ahmed Tinubu, to swear-in his commissioners, an exercise which was learnt might take place next week.
This followed the screening and clearing of the 18 nominees for the positions of commissioners and nine special advisers on the floor of the House of Assembly by voice votes.
The governor, in compliance with section 192 (2) of the 1999 Constitution, forwarded the list of nominees to the House last Tuesday, June 10.
Among those who scaled the hurdle include Mr. Olatunji Bello, chairman, Editorial Board of ThisDay Newspapers (Environment); Mr. Opeyemi Bamidele, AD National Director of Publicity (Youth, Sports and Social Development); Mrs. Oluremi Adiukwu-Bakare (Local Government and Chieftaincy Affairs and Mrs. Joke Adefulire (Women Affairs) and Poverty Alleviation).
Others are Mr. Dele Alake (Information and Strategy); Mr. Olayemi Cardoso (Economic Planning and Budget); Mr. Olawale Edun (Finance); Dr. Leke Pitan (Health); Dr. Olakunle Lawal (Education) and Chief Kaoli Olusanya (Agriculture).
Also confirmed are Professor Yemi Oshinbajo (SAN) (Justice); Mr. Rauf Aregbesola (Works and Infrastructure); Mr. Hakeem Gbajabiamila, former General Manager, Lagos Tourism Development Corporation (Physical Planning); Dr. Tola Kasali, former chairman, Ibeju Lekki Council Area (Rural Development); Chief Dele Ajomale (Special Duties); Mr. Abdul Rahman Owokoniran, head of Tinubu's campaign organisation (Housing) and Mr. Tunde Balogun (Home Affairs and Culture).
Moving the motion for their confirmation, Hon. Bayo Odulana (Ikeja II) described the nominees as men of integrity and honour, who deserved to be given all the support because they showed promise and ability to deliver.
The PDP member in the 40-member legislature, Hon. Julius Ajose (Badagry II), however, urged the state governor to demonstrate his large heart by considering a member of his party for the position of Commerce and Industries which is yet to be filled.
Another legislator, Hon. Olanrewaju Odusanya (Ikorodu I) also expressed dismay at the marginalisation of his constituency in the appointment of commissioners.
"It is displeasing that Ikorodu is being treated as one of the 20 local government areas and not as a division. This is unfair. We deserve more than one commissioner," he said.
The Speaker, Jokolola Pelumi, commended the lawmakers for speed in which they endorsed the list of cabinet members.
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CBN to hold bank directors for fraud, says Sanusi
From Levi Anyikwa, Abuja
PIQUED over the growing cases of financial scams in banks, the Central Bank of Nigeria (CBN) yesterday said that directors of financial institutions would be held responsible for any misdemeanour in the management of their organisations.
The CBN governor, Dr. Joseph Sanusi, disclosed this in Abuja at the opening of the 19th yearly seminar of the Institute of Directors (IOD) organised by the Financial Institutions Training Centre (FITC).
He stressed that the action had become imperative to curb the lapses in the financial sector.
Sanusi noted that as regulator and supervisor of the financial services sector, the apex bank had come across unwholesome practices by top management in the industry.
The unwholesome practices, he said, were perpetrated with the active collusion of the boards of financial institutions, a situation that was detrimental to other stakeholders.
He cited an instance of the large-scale insider loans to management staff, directors, major shareholders and their relations and companies, which eventually become non-performing and thereby impair the operations of these institutions.
The CBN chief added that in a perfect situation, directors of a company serve as a check on the excesses of the management, but where the directors themselves collude and are involved, it becomes difficult to protect other stakeholders' interests.
The situation, he said, is further compounded where the management has a stronghold on the non-executive directors.
"Given the observed lapses in our system, the CBN has taken a position that directors would be held responsible and accountable for any misdemeanour on the part of the management of their institutions," he said.
Sanusi challenged the directors to redress the lapses in the financial services industry.
The expectation of investors, he said, is that companies would be run according to sound business principles that minimise the possibilities for corrupt practices and management.
Speaking on fairness in the industry, Sanusi said corporate responsibility and corporate governance provides the foundations of market integrity and thus imposes a lot of responsibility on the Board of Directors that involves striking a delicate balance between the various stakeholders.
He emphasised that balancing stakeholders' interests goes beyond protecting the interests of shareholders in an individual organisation.
"Indeed, it revolves around embracing good corporate governance that sets the rules and practices that govern the relationship between managers and shareholders of corporations, as well as stakeholders like the public, employees, pensioners and local communities while at the sametime ensuring transparency, fairness and accountability," he added.
Striking an appropriate balance between various stakeholders' interests, according to Sanusi, is a prerequisite for the integrity and credibility of market institutions.
"It facilitates the building of confidence and trust that allows corporation access to external finance and to make reliable commitments to creditors, employees and shareholders. It is this contract that underpins economic growth in a market economy," he said.
Sanusi then outlined the challenges facing directors in the financial services sector with regard to meeting the expectations of their numerous stakeholders, including regulatory agencies.
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Legal council seeks N10 billion for reformatory homes
From Iyabo Sotunde (Ibadan) and Anietie Akpan (Calabar)
TO refocus the nation's children on the path of morality and discipline, the Nigerian Legal Council is currently shopping for N10 billion.
The amount is to be used to establish reformatory or foster centres in all the states of the federation.
Also, the Chairman, Governing Council of the University of Ibadan, Mr. Felix Ohiwerei yesterday said that the current war against corruption in the country might be a mirage unless parents properly bring up their children.
During the 58th meeting of the Legal Council in Calabar yesterday, its chairman, Chief Bayo Ojo, stated that the council was focusing on children who are suffering.
He said that due to the extended family system, the council's foster homes had all gone extinct.
Ojo explained that the condition of prisons in the country was very pathetic and for this reason, "we are going to establish one foster home in every state to cater for the minors."
He noted that Calabar prison for instance was built to accommodate 250 inmates but it now had over 3,000 inmates out of which only 150 were genuine prisoners while others were suspects awaiting trial for over 10 years.
The council, according to him, will salvage children and that it is better for the less privileged or offending ones to be in foster homes than prisons.
To him, when children commit any offence, they should be taken to the homes where they become reformed unlike the prisons that harden them.
It is against this background, according to him, that the council is shopping for N10 billion to establish the foster or reformatory centres.
He assured that very soon, the council would embark on fund-raising to build the homes as such a move would bring succour to indigent people.
Ojo lamented that the major problem facing the council was finance, adding that last year, N200 million was applied for but only N18 million was approved and N9 million was released.
The council was established in 1976. Ojo said that since then, the council had received a total of 55,000 cases out of which 45,000 were treated and 10 rejected.
Ohiwerei, who spoke at the second quarterly lecture of the Christ the Redeemer Friends Universal of the Redeemed Christian Church of God, Oyo Province One, noted that the quest for instant wealth was the root of corruption in the country.
While decrying the increase in corruption in the country, he blamed the trend on bad home training.
Said he: "It is sad that many parents are after worldly things at the expense of their family. So, we may not win the current war against corruption unless there is proper upbringing of our children. Some parents even entrust their children to neighbours who know nothing about God. They leave home very early in the morning and return late in the night.
"Today, many people are not prepared to work before getting money, this is an evil thinking. The journey for a decent society starts from the home.
He added: "Nigerian parents have the responsibility to teach their children to love God, to fear God and come to the knowledge of Jesus Christ and accept him as Lord and Saviour."
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Ex-NEC boss, Nwosu, says no to politics
From Chuks Collins, Onitsha
PROFESSOR Humphrey Nwosu, the former chairman of the National Electoral Commission, which organised and supervised the June 12, 1993 presidential election, adjudged the fairest and freest in the nation's history, has found a new love in the church.
But when The Guardian cornered the man, who is most remembered for his ingenuity, which produced the Option A4, during the second session of the 6th Synod of the Anglican Diocese of Awka, Anambra State, he declined to comment on "any political issues."
Speaking at the synod holding at St. Mark's Church, Ajalli, Orumba North Council, his home town, Nwosu said he did not want to comment "because I am now closer and more involved in church activities and the things of God."
The former University of Nigeria, Nsukka (UNN) Mass Communication lecturer instead directed the reporter to one of his assistants - Mazi Nkem Okereke, who is a Port Harcourt-based communication consultant.
Prof. Nwosu, who was the chairman of the organising committee of the synod, sat quietly with his wife. They are both ordained knights and committed members of the church.
Earlier in his address, the bishop of the diocese, who's also the Archbishop of the Niger Province, Most Rev. Maxwell Anikwenwa, observed that the nation's economy was still in the doldrums and appealed to the Federal Government to revitalise agriculture, manufacturing and industrial bases.
He also commended President Olusegun Obasanjo on the eventual take-off of the National Identity Card scheme.
The Archbishop, who is also the Dean of the Church of Nigeria (Anglican Communion) and the chairman of the Steering Committee of the Ibru Centre at Agbarha-otor, Delta State, expressed alarm over the frequent and prolonged strikes in the country, especially in the education sector, religious intolerance and the high level insecurity of lives and property.
While appreciating the need for university autonomy as currently being proposed by the government, Anikwenwa called for caution, so that "we must not allow ourselves to be misled by proposals that are bereft with the hydra-headed problems of our universities."
He saw the conduct of last general elections as "falling below the expectations of the enlightened public," adding that "all hands must be on deck to ensure that elections are free and fair."
The synod also urged the three tiers of government to pay pension arrears without further delay, to restore the dignity, regard and joy in serving the nation with ones zeal ad youthful working lives.
In attendance were eight Bishops including Rev. Ken Okeke of the Niger Diocese, Jonah Ilonuba of Nsukka, Godwin Okpala of Nnewi, Ikechi Nwosu of Umuahia and Benneth Okoro of the Owerri Province (Orlu Diocese) among others.
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Corrupt judicial officers won't be spared, says Uwais
HENCEFORTH judicial officers who fail to abide by the code of conduct for them will face disciplinary action, the Chief Justice of the Federation, Justice Mohammed Uwais, has warned.
In an address at the opening of a four-day national workshop for Area and Sharia court judges as well as directors and inspectors of such courts on Monday in Birnin Kebbi, Kebbi State.
Uwais reminded the officers that the code of conduct came into effect in 1998.
He, therefore, urged them to get acquainted with the provisions of the code to ensure good conduct and comportment in and out of court.
"This is incumbent upon you, as any breach of the code will not be condoned or tolerated and will make you liable to disciplinary action as provided by the code," he added.
The Chief Judge enjoined the Area and Sharia Court judges and other judicial officers to be conscious of their conduct anywhere in order not to bring the judiciary to disrepute.
"Before you can win respect of litigants coming before you, as well as the general public, you must shun corruption and avoid bribery, laziness and negligence in the performance of your duties," he said.
Declaring the workshop open, Governor Adamu Aliero enjoined the judiciary to be firm and decisive in maintaining its role as the arbiter in a democratic rule.
Describing the judiciary as the last hope of the common man, the governor said that its operators ought to be just and fair in all their dealings.
Aliero reiterated the commitment of his administration to give all necessary support and co-operation to the judiciary to facilitate the dispensation of justice.
The workshop was organised by the National Judicial Institute (NJI).
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Kalu denies banning women in trousers from Govt House
By Wole Shadare and Adeyemi Adepetun
ABIA State Governor Orji Uzor Kalu has refuted media report (not in The Guardian) that he had established the Islamic legal code in the state, barring the wearing of trousers by women into Government House, Umuahia.
He also vowed to sack his welfare officer who issued the statement on behalf of the governor.
An enraged Kalu, while speaking with journalists yesterday at the Murtala Muhammed Airport, Lagos said "it was a lie, I never said so, it was the welfare officer that went and issued that statement. In fact I am going to sack him out of that place, because I can never tell anyone what to wear and what not to wear, what anybody wants to wear is based on his own personal feeling".
The governor, who was on his way to Sierra Leone for an undisclosed assignment, stated that the issue has generated so much controversy to the extent that he (Kalu) has been receiving barrage of phone calls from indigenes of the state who reside in Europe and the United States (US) after reading the said story via the internet.
His words: "You see people around me, my entourage (females) wear trousers. I don't know what you are talking about. I can't make such a pronouncement. The Government House Press can't say that. I see nothing wrong in wearing trousers, so I want to deny such statement. My Aide-de-Camp (ADC) told me this morning (yesterday) that my welfare officer issued such stupid statement."
Sharia states, according to the governor, permits trousers, arguing that "trouser is very good mode of dressing, especially for ladies, because it covers their legs very well".
On June 10, 2003, warning on indecent dressing to the Government House in Umuahia was pasted on all notice boards.
The letter with reference number GHA/GN/T3/L and signed by the Head of Department (Administration), Mr. Ijioma Okoh on behalf of the Chief of Staff to the governor, Chief T.O. Orji warned that "anyone found going contrary to this warning will be publicly disgraced."
The letter, copies of which were sent to the Chief of Staff to the governor, all heads of department, staff, political advisers/assistants and security personnel read in part:
"It has been noted with great shock, the very indecent manner females wear trousers into Government House, Umuahia. This practice has tended to portray the highly exalted and reversed Government House, Umuahia in bad light".
In a related event, the Igbo National Assembly (INA) has described as an invitation to trouble, the alleged ban of trouser wearing by women in the state.
Describing the notice as utterly irresponsible, the General Secretary of INA, Chief Onwuka Ukwa noted that the notice did not come as a surprise given the fact that Governor Kalu gave the notice on his return from a 12 day visit to states he called "Sharia northern states".
Chief Ukwa dismissed the notice as unremarkable contending that the people will protect their women.
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Ogboru's counsel urges tribunal to hear petition against Ibori
From Sunny Ogefere, Asaba
CHIEF Adeniyi Akintola (SAN), leading counsel to the Alliance for Democracy (A.D) governorship candidate in last April election in Delta State, Chief Great Ogboru, yesterday said that the Elections Tribunal sitting in Asaba was competent to hear the petition brought by his client.
But the leading Delta State counsel to the governor, Chief Efe Akpofure (SAN) had in his submission last week, argued that the tribunal lacked the jurisdiction to hear the petition.
According to Akpofure, the petitioner's prayer for disqualification was a matter before the Supreme Court and so it would amount to "judicial rascality" for the tribunal to make a pronouncement on it.
He said: "The issue of disqualification is a matter begging for determination at the Supreme Court. It is my submission that this honourable tribunal, having had knowledge of the case at Supreme Court can not, with the greatest humility, embark on a journey that will result in the determination of that issue as the petitioner is calling upon your lordships"
However, Akintola said the issue before the tribunal was the qualification to contest the governorship elections, not the matter of convictions being handled by the superior courts in Abuja.
"The important thing is that whether or not the first respondent (Ibori) was convicted has nothing to do with the powers of this tribunal as to the qualification of anyone to contest the governorship of Delta State", he stated.
Akintola pointed out that it would not "amount to rascality" for the tribunal to entertain the case since neither the Supreme Court nor the Court of Appeal has an originating jurisdiction".
He argued that if the tribunal failed to entertain the petition, it would amount to the abdication of the tribunal's judicial duties as presented in Section 285 (2) of the 1999 Constitution.
Akintola submitted that what was paramount was the constitutional provisions on elections petition, and whether the constitution placed any constraints on the tribunal vis-ˆ-vis the issue of disqualification.
What was also important was whether there was any pending election petitions concerning the parties in any appellate court or whether there was any order from the appellate court stopping the tribunal.
According to Akintola it was also the issue of whether Ogboru had anything to do with the suits at the appellate courts and whether there was any connection whatsoever between the issue for determination and the exhibits before the tribunal.
He urged the tribunal to answer the questions in the negative and then proceed to entertain the petition, as there was no constraint to that effect.
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Two feared dead as Kaduna drivers protest police extortion
From Saxone Akhaine, Kaduna
COMMERCIAL vehicle drivers in Kaduna on Monday protested alleged extortion by policemen at checkpoints.
The drivers under the umbrella of the National Road Transport Workers Union (NARTWU) withdrew their vehicles from the roads as early as 7 a.m., leaving hundreds of commuters stranded at bus terminals in the metropolis.
One of the drivers who refused to join the protest, while attempting to escape being manhandled by his colleagues ran into a wall with his bus, killing two women.
Those who did not join the protest were stopped on the roads while the passengers were forced to alight carrying leaves in solidarity with them.
They accused the police of exploiting them at the numerous checkpoints in the state capital.
The drivers only returned to the roads after the intervention of prominent residents.
When the state police command learnt of the protest, its armed men and officers as well as anti-riot Mobile policemen were dispatched in trucks to flash-points to maintain law and order.
Two lorry-load of the armed policemen were seen at the Leventis roundabout, while anti-riot men were patrolling the Central Market.
At a point, one of the police trucks moved to the Agip filling station along Ahmadu Bello Way, where some of the drivers had converged for a rally and dispersed them.
A witness at Tudun-Wada said that the death of the two women occurred "in the morning when one of the vehicles carrying passengers was accosted by some protesters. The driver in an attempt to avoid being beaten up sped away and crashed into a fence killing the two women.
The state police command however, denied the claim.
But the secretary of the National Road Transport Owners (NARTO) in the state, Alhaji Mohammed Babandada has condemned the drivers' action. He accused them of being insensitive to the fragile nature of the state before taking the step.
Babandada told journalists that "it is unfortunate for the drivers to have withdrawn their buses from the roads." He added: "We are yet to receive full details on why they embarked on the protest. We shall contact our members who own buses and discuss with them. We are very much worried because we know the efforts the government is putting, to ensure peace in Kaduna State".
Similarly, the state chairman of NURTW, Alhaji Tsoho Ibrahim told reporters that the officials of his union did not approve the protest. "We were caught unaware by the demonstration and we have started investigating the issue, to know who instigated the drivers to embark on the protest," he said.
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Edo sacks council transition committees
From Mike Osunde, Benin
AFTER a year in the saddle of local councils, all transition committees in Edo State have been sacked. The state government which disclosed this yesterday in Benin, did not give any reason for the action.
The sack of the committees coincided with the swearing in of the State Head of Service, Mr. Abraham Uwagboe, who, until his new appointment, was the Permanent Secretary in the Directorate of Local Government and Chieftaincy Affairs.
Governor Lucky Igbinedion directed the committees to hand over to their respective directors of personnel management in the councils by today.
Speaking after Uwagboe took the oath of office, Igbinedion explained that he needed a new head of service because the civil service was the conduit through which government policies and programmes are formulated and implemented.
Igbinedion asked Uwagboe to put in place a forward-looking, efficient and effective service that would help his administration deliver the dividends of democracy.
He restated his desire to provide good roads, portable water and electricity in the rural areas as well as the industrialisation of the state.
Uwagboe, Igbinedion continued must promote good relationship between the commissioners and political office holders, permanent secretaries and the civil servants.
He promised continuous training for the civil service and assured that no worker would be retrenched.
After paying tribute to Mrs. Jacinta Afe, the out-gone Head of Service, Igbinedion said that Uwagboe's appointment was based on the need to ensure professionalism in the civil service.
Uwagboe, who became a permanent secretary in 1999, had served as secretary to the Oba of Benin for several years.
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Goje threatens to stop N1.5b road project
Auwal Ahmed, Gombe
A N1.5billion Gombe township road project initiated by the Abubakar Hashidu administration may be stopped by his successor, Alhaji Mohammed Danjuma Goje.
Goje, who threatened to revoke the contract for the dualisation of the road accused the contractor of incompetence. "The incompetence of the contractor, Eighteen Engineering Company, was what inform the snail speed at which the project is being carried out," the governor said during an inspection of the project.
Goje said that it is a matter of serious concern that the Chinese company could not do much even though the contract was awarded to it since April 19,2002.
"I am not comfortable, with the way some culverts were constructed where ordinary blocks were used instead of concrete, especially at Tanfure", Goje declared, adding that the project was an important one that should be handled with all sense of responsibility to ensure that standard was not compromised.
He said that the state government would study the contract agreement and the work done with a view to taking appropriate action on it.
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Editorial:-
The UN and Charles Taylor's indictment
THE warrant of arrest issued against President Charles Taylor of Liberia by the United Nations' Special Criminal Court is remarkable in the sense that it now confronts President Taylor with a double jeopardy: he is not only wanted by the criminal court, his government is also losing grips at home as rebel forces march on Monrovia. Charles Taylor is under siege; it is his past that is catching up with him. African leaders should learn from this.
As a rebel leader, Charles Taylor started a civil war in Liberia in 1989 presumably to end years of Samuel Doe's dictatorship and human rights abuse. In seven years, the war had claimed an estimated 200,000 people, mostly defenceless civilians. He won elections in 1997 but his former rivals and enemies launched a revolt in the year 2000. Under Taylor, Liberia had known no peace for much of 14 years during which the people suffered looting, rape, murder and forced recruitment by the warring sides.
Based in Freetown, the Sierra Leonean capital, the UN Special Criminal Court found Taylor guilty of grievous war crimes and flagrant violation of international law. By United Nations doctrine, Taylor was to be arrested by the International Police (Interpol). He was in Ghana attending a peace summit on the Liberian crisis when the warrant was issued and the Ghanaian authorities were duly notified, and required to effect the arrest and hand him over for prosecution. But the Ghanaian government declined, citing diplomatic reasons.
However, Taylor's indictment by the UN court revolves around his pastime of exporting war and terror to neighbouring Sierra Leone and Cote d'Ivoire, thereby constituting a major destabilising factor in the already troubled region. Taylor supported rebels during Sierra Leone's protracted civil war in return for diamonds. In 1991, he specifically provided base in Monrovia for the rebels who became notorious for mass rape, recruitment of child soldiers and dismemberment of civilians. Up till now, the dislocation and agony brought to human and social life in the region are far from abating.
Incidentally, Taylor's indictment is coming at a time of intensified attack on Monrovia, the Liberian capital, by rebels seeking to oust his government. The country is in disarray and refugee problems are mounting as Liberians flee the scene of death. France and other countries are already airlifting their citizens out of the country. It is a pitiable tale of carnage and disorder all because of one man's inordinate ambitions. But for Taylor's intransigence, 14 years are long enough to establish reasonable political reforms which could have doused the suspicion and distrust of other groups and thereby prevented armed insurrection.
Ghana's dilemma in the unfolding events in Liberia is understandable. Having invited Taylor and the two rebel groups" the Movement for Democracy in Liberia (MODEL) and the Liberians United for Reconciliation and Democracy (LURD)" for peace talks, it was a difficult thing for the Ghanaian authorities to hand over Taylor to the UN court for prosecution. Ghana's move in spearheading the Liberian peace talks is commendable, in the interest of thousands of Liberians whose whole lives have been disrupted. The talk was aimed at achieving a politically peaceful environment for the planned general elections through negotiations involving interested groups, 18 registered political parties, civil society organisations and inter-regional councils. Any peaceful initiative to normalise human existence in Liberia ought to be encouraged. Unfortunately, Taylor's indictment has aborted it, at least temporarily.
However, former Nigerian Head of State, Gen. Abdulsalami Abubakar who was leading the talks in Ghana, should encourage the warring groups to continue with the discussions. This is a better option to armed conflict. Diplomats had suggested that the need for peace talks on Liberia has been adjudged to be more important than the need for Taylor to stand trial. After years of violence, the rebels and other interested parties should strive to embrace the peace option as a way of effecting power shift in Liberia.
Even then, the UN special war crimes court should pursue its indictment of Taylor if only to make him account for his misdeeds. So far, the United States prosecutor, David Crane has declared that all the evidence collated by his office on war crimes in the West African sub-region had led unequivocally to Taylor. Dictators in Africa must be told in every way possible that they cannot know peace unless they enthrone democracy in their countries and respect universal human rights. Ghana or any other member of the Economic Community of West African States (ECOWAS) should not be unduly protective of Taylor.
His indictment is indicative of his past criminal conduct and criminals should not be allowed to go free, no matter their status. This much was established in the case of Chile's General Augusto Pinochet when the British House of Lords held in 1998, that a head of state found guilty of human rights violations cannot seek refuge under the doctrine of sovereign immunity, the reason being that human rights constitutes one of the pre-emptory norms of international law
Provided that the warrant was duly served, Taylor must answer to charges of committing crimes against humanity. This should serve as lesson to all dictators, wherever they may be" they can no longer be allowed to disregard the rule of law, and abuse human rights with impunity. Nor will sovereign immunity be tenable as an umbrella for the perpetuation of evil.
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Y'hello, network busy!
By Kingsley Osadolor
FOR subscribers to the MTN network, the past few weeks have been so agonising as to bestir unpleasant memories of the country's telephony inefficiencies before the advent of the GSM revolution. While there is a higher teledensity ratio, as more than a million subscribers are now hooked to mobile phones, it is a nagging consideration whether there is a commensurate capacity to manage the resultant telephony traffic. This concern is all the more urgent as there is a rapid expansion of the network. The consequences have been system congestion and frequent network failures, both of which result in consumer rip-off.
It is probably the case that MTN believes that mere notification of, as well as apology to, its customers is sufficient in the circumstance of its recent appalling services. In the past, I was always quick to erase any text message from 0803, because I did not want any congestion in my handset. But after experiencing repeated difficulties for a couple of weeks running, I decided to retain some of the text messages from MTN. One came last Sunday. It read: "MTN apologises to our valued PAYGO customers experiencing recharge or balance enquiry problems due to ongoing upgrades to our prepaid node. Please bear with us."
Unlike some messages that the network bleeps out sometimes in the wee hours, that message came at 13:44 hours. Messages of similar content had been sent previously, that one began to wonder when the "problem with the prepaid node" will be over. In one such earlier message, the network had advised that recharging or account ascertainment might not be possible between 12 midnight and 7a.m. But at all other times, it was possible to recharge but impossible to check your credit balance. And, by the way, I wish MTN would correct the spelling error in its recorded message that confirms when a credit entry has been made. According to the MTN message, "Your account refill was successfull!" Maybe they are really so full of gratitude that they insist on spelling successful as "successful" (sic). Successful is single 'l', not double 'll'.
One of the last irritating messages I received came two days ago. "Dear PAYGO subscribers: MTN apologises for service disruption yesterday. Full services have been restored." Where are the "full services"? At 10:12:09a.m on Monday, I received the following message from the voice message centre of MTN: "At 10:12 on 2003-06-16 you had 1 voice message. Please dial 100." I dialled 100 as directed and picked up a voice message sent exactly one week earlier but which had not been delivered, even though I had been in the country and my phone was activated during the period. I have also tried calling some MTN numbers since Monday, and the recorded response has been: "The telephone number you called is not available at the moment. Please try again later."
The story has been the same even for those on contract rather than pay-as-you-go. So, am wondering where the full services have been restored. Not that MTN is the only culprit. ECONET, too, has its failings. That is what their subscribers tell me, or as I discover when sometimes the network records transmission failures. "The number you have called is either switched off or is out of ECONET wireless coverage area." That was the nuisance that telephone subscribers endured for years from NITEL whose notorious recorded message was: "All national trunks are busy, please try later." When NITEL added the mobile line, the message was: "The number has been switched off, please try later," even when the number was switched on. To be certain that it is not the MTN number dialled that has a problem, I have adopted the old formula of testing the inefficiency of M-TEL's 090, by calling a proximate number with full battery and sufficient credit, and the recorded answer from MTN has been the same: "The telephone number you called is not available at the moment. Please try again later."
What is going on? Barely two years ago, in August 2001, the country was in a celebratory mood as the GSM operations began. There was understandable excitement about the pending empowerment that mobile phones were about to bestow on Nigerians. There was the anticipation of breaking free from the stranglehold of NITEL and some of its crooked technicians who knew just when to strike as a subscriber enjoyed his telephone facility. In a sense, telephones are addictive. Once you lose access to it, you crave it instantly. To Nigerians then, two years ago, the excitement of owning a phone that could access anywhere in the world was nearly equal to the anticipation of a person hooked on opium.
Actually, the celebration at the time was qualified by the excessive tariffs announced by both MTN and ECONET. Yet, over the past 22 months or so, the queue of subscribers has never been empty, so much so that a couple of months ago, MTN and ECONET announced a suspension of sales because their networks' capacities were exhausted. Despite the line extensions of their various products, such as the introduction of booster cards, the dominant opinion remains that the cost of making calls could be a lot cheaper. Listening to the excuses of the GSM fatcats as they explain why the tariffs cannot be reduced is like listening to government officials explain why smuggling (is it legitimate business?) is a constant factor in what has become the perennial increase in the pump price of petroleum products.
Except insofar as it is the typical Nigerian way of doing business, it is difficult to reconcile the hyperbolic claims of expanding network coverage to over 700 communities (MTN) with the epileptic services that subscribers are being given. In the problematic weeks under reference, call connections have been poor. It is like you are using slot machines, the so-called kalokalo. You dial a number after several attempts, and almost immediately as the call is answered, it is abruptly terminated. If you are a pay-as-you-go subscriber, that is a minimum of N50 lost instantly. You redial and when you are lucky to get through, the call is again terminated. Another N50 gone. Unless one does not know how to count his pennies, losing N50 or more without achieving the objective ought to be no fun whatsoever. Fifty Naira saved will be useful in future.
Merely apologising for system errors arising from network snafu is not enough. The step is important no doubt, as a PR measure. But MTN subscribers have suffered needless losses in recent weeks that "Y'hello, Network busy!" may well become the new label for MTN. Still, the network could show a greater sense of corporate responsibility by being sensitive to its million customers. During the independence anniversary on October 1 in 2001, just two months into its business operations, MTN gave a booster card gratis to all pay-as-you-go subscribers who were then on its network. Obviously, as ECONET and MTN were in stiff competition for customers, that sales gimmick worked. I do not know how many subscribers MTN had at the time. But now that it has million-plus subscribers, its revenue intake is at run-away levels. Already, evidence of MTN's corporate responsibility is shown in the many projects and events it sponsors. It is able to embark on these because the subscribers have been loyal.
MTN must not take that loyalty and patronage for granted. Consumers have rights, notwithstanding the fact that most consumers prefer to sit on theirs. MTN must find a way of compensating its subscribers for its epileptic services in recent times. The argument that these disruptions have occurred as a result of facility upgrade makes sense but only up to a point. A virtual system shutdown because of equipment upgrade bespeaks a larger problem than the operators are probably willing to admit. Is there no back-up? Or are there no competent hands to assure a seamless upgrade? We are entitled to ask whether elsewhere in the world this happens" and yet we are paying one of the highest tariffs in the world.
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For a truly 'brand new President'
By Paul Nwabuikwu
AT the heart of the Obasanjo phenomenon is a powerful human story. It is a story that would tempt an atheist into believing that there may be some substance afterall to the whole idea of a God who orders human life to His own specifications. It sounds too incredible for words. Born into a poor, undistinguished Owu, Abeokuta-family, Obasanjo has risen to become the leader of the world's largest black nation not once, not twice, but three times. Considering that the president does not have more than his fair share of charisma or genius, one has no choice but to agree with him that his elevation is wholly the handiwork of the Almighty. The Obasanjo story gives new meaning to the sentiments expressed in the hymn "God moves in a mysterious way, His wonders to perform".
At the special service held to mark his re-election last Thursday, Obasanjo once again related the most striking part of his saga: how he was literally spirited out of the jaws of death during the Abacha era. The details are now public property, and may even have become boring to some. But it retains some dramatic impact. As Obasanjo told it in many words, gestures and choruses, one was transported along with the distinguished audience through the labyrinths of a truly unusual life.
However, the most important thing the president said at the event had nothing to do with his being, along with Shehu Musa Yar'Adua and Moshood Abiola, part of a triumvirate marked for death by Abacha. That, as remarkable as it is about the past. Yes, Obasanjo has survived and we thank God for his ineffable grace. But the question is: will Nigeria survive along with him? This question is the reason why his widely reported statement that he will be a "brand new president" in his second term is so important. Given the state of Nigeria four years after he vowed to begin building a new foundation for sustainable political and economic development, the only honest conclusion is that he has largely failed to keep his promise.
Ordinarily, he does not deserve a second term. But the complex nature of our ethnic, bread-and-butter Third World politics has made it possible for him to return with an even larger mandate. Whichever way we read it, he is back. Or if you like, God has brought him back. He has like post-Lugard Nigeria become a fait accompli. And there is little anyone can do about it, mass action or no mass action. The wisest thing to do in the circumstance is to pray for his success because, whatever one may feel about this often exasperating man, his performance in the next four years will have implications for the prosperity, security and indeed the very future of this country.
Obasanjo's expressed intention to be a "brand a new president" may therefore be interpreted as a rare evidence of humility. The president is a proud man and this may be the closest thing to a confession of poor performance we can get out of him. But, come to think of it, a confession of under-performance is not really as important as helping him do better this time for all our sakes. Pastor Enoch Adeboye, the General Overseer of the Redeemed Christian Church of God who gave the sermon at the service declared "the Obasanjo we are about to see will be different from the one we used to know." One can only say a loud "Amen!" to that. We not only need a "master democrat", we need a "master-manager" to get Nigeria out of the economic and political woods. Obasanjo has been very far from being any of these.
If he is really serious about turning a new leaf, the president needs to make some very fundamental changes in his whole attitude. Here I am not talking only about his life style, but the very psychology out of which his grating and often counterproductive style flows. This will not be an easy thing for a man who is approaching the Biblical three score and ten years to do. But it must be done if he is really serious about improving significantly on his performance this time around.
To explain why this is important, one must refer to another aspect of the Obasanjo phenomenon. And is this: Obasanjo loves Nigeria, but does not have much regard for Nigerians. Or put another way, the Nigeria of his dreams does not seem to have room for the kind of Nigerians who dare to question the wisdom, competence and motives of the oracle. The Nigeria of Obasanjo's ideal is peopled by some anaesthesised denizens whose most critical quality is their unlimited capacity for listening much, saying little and generally accepting the decrees sent from on high. If you think this rather far-fetched, consider the kind of folks who made up the Federal cabinet in the last four years. With a few exceptions, they were talented yes-men and women.
To make a difference in this second term, the president must do the impossible. He must listen. Some think that the president's habit of dominating every discussion he is part of and switching off anything he does not like is a minor matter, at worst an irritation and at best a lovable quirk of character. It is much more and it is dangerous. His inability to listen means that this nation has largely been run on the wisdom of one man. And the good Lord whom he worships so publicly has not yet created the man whose wisdom is sufficient to run even a family, not to talk of a nation of 120 million people. This is why the few people he deigns to listen to must tell him to do more listening and less talking in the interest of the nation he loves so much. And here I am not excluding ASUU, the whipping boy of the moment. I am fully convinced that if he had paid more attention to what the lecturers were saying and negotiated in the spirit of mutual respect, the schools would have been open long before now.
The president, to be truly brand new, must also FOCUS! If he can fix NEPA, his legacy is assured. Agriculture as the primary means of getting millions of young people who are currently subsisting on prostitution and crime should also get priority attention. And if in addition, he can get the railways working, he would have our eternal gratitude.
Finally, a brand new president needs a brand new team. Without a good team, there is no hope. No miracle can be expected from a cabinet of Ciromas, Anenihs and Afolabis. A younger team with energy, ideas and passion will make all the difference in critical areas of the economy and polity. The best part is that with more competent surbordinates, the president will have more time for his nocturnal bouts of squash even as he takes credit for improvements in key sectors.
Obasanjo must show results at the end of four years. And here I am not talking only of the kind of results that only the Magnus Kpakols and the Tunji Osenis can see. Nigerians must be convinced that the second term is a radical improvement on the first, if Obasanjo's legacy is to count for anything. At the moment, he is known as the luckiest man in Nigeria. It would be a tragedy for all of us if history records him as the man who got more opportunities than any other Nigerian to give this country a new lease of life and failed.
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The Yoruba and 'mainstream' Nigerian politics
By G. A. Akinola
THE results of the 2003 general elections in Western Nigeria have been interpreted in some circles as representing a move by the Yoruba into the "mainstream" of Nigerian politics. The validity of this view will have to be determined by the credibility of the election results, as well as the import of the phrase "mainstream" politics. True enough, the issue of Yoruba participation in the so-called political mainstream has been with us since the crisis which, in 1962, split the Action Group party into factions.
And recently, especially since the founding of the Yoruba Council of Elders, respectable and highly-placed Yoruba, including intellectuals and people not usually associated with party politics, have been canvassing the need for their kinsmen to reach out into national politics. Even so nobody has ever defined what this "mainstream" Nigerian politics is, and what moving into it entails. It is therefore necessary to attempt an analysis of what appears to be reactionary and ethnocentric sentiments dressed in the garb of a progressive pan-Nigeria idea.
Because of the peculiar character of the Nigerian federation, a particular regional political grouping has always dominated the federal government, albeit in alliance with other political formations which have invariably had to be content with a subordinate position. Meanwhile, elements within the outsiders excluded from this political arrangement always strive to persuade their own grouping to seek accommodation within the alliance of parties running the federal government, in order to ensure that they and their own part of the country do not lose out in the distribution of resources, offices, and political patronage at the disposal of the ruling parties. The circumstances behind the alignment of political groupings in the federal government, as sketched above, may have changed somewhat since 1999, but the objectives of the political players remain the same.
So also do the aspirations of the outsiders, especially those among them who recognise no enduring principles in politics, save the self-serving, and who therefore see collaboration with those in power as the only sensible and pragmatic option. Incidentally the so-called pragmatic politician, who is invariably the would-be mainstream politician, tends to see himself not only as patriotic (in as much as he believes that he is fighting for his community's share of the so-called national cake) but also as nationalistic, since he is supportive of the federal government, no matter if it is incompetent and its policies alienating.
In actual fact, the Nigerian mainstream political block (defined as the agglomeration of the various political groupings in the federal government) is not necessarily national in the sense that its policies and activities can redound to national unity. Apart from prattling "Nigerian unity is non-negotiable", its members have seldom been known to come up with any ideas about how to forge that unity, or fashion a common purpose or aspirations around which the Nigerian people can rally. Usually a coalition of strange bedfellows without any identifiable ideology, programme or values, the members of the mainstream block nevertheless share an avid desire to capture the state and its resources. Similarly the mainstream politician is usually just as ethnic conscious as those who do not share his pretensions.
In essence, then, the philosophy of the new mainstream politics (which we are assured is going to usher us into the millennium) is not informed by any ideology or vision of development, or service to the country, or indeed the Yoruba. And since the ultimate objective in politics is to assuage the appetite for wealth and power, the advocate of "mainstream" politics always considers it best to join whatever coalition of opportunists is currently in control of the state, be they bandits or cut-throats. After all, the only abiding principle in politics is not to be in "opposition". Little wonder the characters parading the "mainstream" vanguard both in Abuja and western Nigeria are charlatans, small and big-time cooks, layabouts, and other reprobates.
One absurdity of seeing collaboration with the party in control of the federal government as indicative of being in the mainstream of national politics is that governance at the centre has invariably been inferior to what we have had in the best-run regions/states. Beginning with Ahmadu Bello, Awolowo and Azikiwe, the states have usually been led by the best material the parties could offer. But the skewed character of our federation, combined with other problems, has ensured that the federal government has never been headed by anything near the best material available. Indeed the structure of the federation has more or less guaranteed a leadership in the centre that is always mediocre.
The consequence of the above is that some of the programmes and ideas (whatever their imperfections) that have shaped national politics have invariably originated from the states, particularly those of the same Yoruba now supposedly yearning to move into a mainstream that has become a byword for corruption, incompetence, and lack of vision since independence. The current regime of the Peoples Democratic Party is in this respect no better than previous civilian ones at the centre. It may in fact be worse in one crucial sense, namely that the implacable and unreasoning hostility of its leader to such grave issues like a national dialogue over the country's problems, and a genuine rehabilitation of the educational system, may be a threat to the country's survival.
By contrast, it is the supposedly mainstream-shy Yoruba and their leaders that have, both before and since independence, set the pace and agenda of the country's development in such directions as constitutional development, education, agriculture, economic ventures, social welfare and sports. Up until the middle 1950s when there was indeed an authentic mainstream national party in the country, the National Council of Nigerian Citizens, the Yoruba were a conspicuous part of it. It was only when it declined and lost focus that they switched allegiance to the Action Group on the basis of the latter's performance.
There is therefore little in the current political power structure in Abuja remotely near an ideal national mainstream for anybody, save the political scavenger foraging for carrion from our battered Nigerian commonwealth. The mainstream that all well-meaning Nigerians dream about is one which people will be persuaded, rather dragooned, into; a mainstream that is discriminating about questionable means to however-desirable ends; a mainstream that exemplifies the collective aspirations of the people for justice, peace and prosperity.
As for the elections, it is clear that the Yoruba have been well and truly captured in a campaign of dirty tricks that began more than a year ago. Some of these, like the disgraceful tampering with the Electoral Act 2001, and the abuse of state institutions, including the electoral commission, are obvious enough. Others, more mysterious and reeking of evil, are yet to unravel. But we know enough that our rulers are fooling themselves rather than the electorate by declaring, on the basis of the aforementioned dirty tricks, that the Yoruba have moved into a dubious and reactionary loot-and-go mainstream politics.
What is happening in Nigeria today is a megalomaniacal pursuit of total power, which is not unprecedented in our chequered history. It is also not new to make the citizenry unwilling accomplice of these Machiavellian schemes. The consolation is that, as always, the people themselves will ultimately raise their voice in repudiation of what is unscrupulously attributed to them. Then, and not until then, can we know that evil shall not prevail.
Dr. Akinola is with the Department of History, University of Ibadan
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IMO picks new secretary-general Friday
By David Ogah, Maritime Correspondent
A NEW secretary-general of the world's maritime regulatory body, the International Maritime Organisation (IMO) is to emerge this week when the organisation's council is expected to conduct an election among candidates.
The incumbent Secretary-General, Williams O' Neil, would be vacating the exalted position by December, although he has declared his intention to vacate office immediately.
He is vacating the office after 13 years in the saddle of one of the specialised organs of the United Nations, which has its headquarters in London.
Three contenders for the office have since emerged. They are Mrs. Monica Mbanefo, a Nigerian, Thiomio Mitropoulos from Greece and Magnus Johannesson of Iceland.
One significant thing about the election, which comes up on Friday in London, is that it is the first time a woman would be showing interest in steering the ship of the world maritime regulatory body. Interestingly, it is the first time a candidate for the seat would be coming from Africa.
Africa as a whole is looking up to Friday as the elections has united council members from Africa as all of them have since adopted Mrs. Mbanefo as the continent's only candidate at the crucial election.
African countries see the elections as a means of increasing their participation in the organisation's activities and as a means of exerting themselves in the world maritime industry as they feel that an African secretary-general would propel them to wake up to the level of developed countries in terms of maritime infrastructure and activities, especially the domestication of conventions, many of which are yet to be consented to and domesticated by many of the African countries.
This explains the careful measure they took to ensure a block vote from the continent at the election. This they did by ensuring that only one candidate merges from the continent which has five members countries in the organisation's council: Nigeria, Egypt, Ghana, South Africa and Kenya.
Nigeria had before now sent out a mission headed by former transport minister to other maritime countries who are members of the IMO council, to canvass support for African candidature for the much-eyed IMO secretary-general position. They have been to Britain, the United States, France, Singapore and a handful of other countries.
President Olusegun Obasanjo has also thrown his weight behind the African candidate at the election as he has personally been contacting leaders of other countries to canvass support for Nigeria and Africa at the election.
Although many of the countries especially those from Asia have pledged to ensure that Mrs. Mbanefo gets the seat, others were as at Monday standing on the fence as they pledged to vote only for a credible and qualified candidate.
The three contenders for the position spoke some weeks ago with a London-based maritime magazine Fair Play to tell the world their agenda for the organisation and world maritime if elected.
Mbanefo was quoted as saying her emphasis would be on the implementation of IMO conventions, adding that although many member countries have ratified them they were yet to implement them.
She said she therefore plans to encourage better rules, with more advice being taken when conventions are being formulated to avoid problems later on.
According to the magazine, Mrs. Mbenafo said this strategy was applied by Williams O'Neil and "I will continue the trend."
The magazine also quoted her as saying she would encourage more co-operation with other bodies such as ILO, UNCTAD, adding, "but we have to find out where to draw the line and where to work together."
Mbanefo joined the IMO in 1991 as head of the legal office. She became director of IMO conference division in 1999, a position which put her in charge of more than a third of the IMO's staff.
Magnus Johanneson is the secretary-general of Iceland's Ministry of Environment and his priority, if elected according to Flay Play magazine is ship security. He sees it as one of the greatest challenges that the shipping industry faces today.
According to the magazine, Johanneson believes the challenges provide an opportunity for the IMO to take the lead in strengthening cooperation between all stakeholders in maritime transport. He was once Iceland's representative at the IMO.
Greece's secretary-general candidate Thiomio Mitropoulos is the current director of maritime safety division at the IMO headquarters in London. His focus, if elected as IMO's secretary-general is yet to be made public.
He joined the organisation in 1979 as implementation officer, maritime division, was promoted in 1989 to senior deputy director for navigation and to director, maritime safety division and assistant secretary-general in 2000.
Maritime watchers who spoke with The Guardian on Monday said Friday's election is very important and that it is worth looking forward to.
They said since 1950 to date, the organisation has not had an African secretary-general, noting that Europe controlled the secretariat for 14 years, Asia 16 and America 14.
Between 1959 and 1961, Mr. One Nielsen from Denmark, Europe was the secretary-general of IMO. The position was occupied also by a European, Mr. William Graham between 1961 and 1963 while between 1963 and 1967, Mr. Jean Ronllier another European, held sway.
The trend continued up till 1973 when Mr. Colin Goad ended his three-year tenure. He was succeeded for the first time by an Indian. Mr. C.P Srivastera from Asia.
It was not until 1990 that the leadership moved to the Americas. That was when the incumbent William A. O'neil from Canada emerged to become the longest serving secretary of the organisation till date.
"In the light of the fact that Africa has never produced IMO's secretary-general, that was why we are eager to offer a candidate for election as secretary-general. In presenting Nigeria's candidacy for the post, we were mindful of the fact that IMO is a highly specialised United Nations agency. For this reason, it is highly important that any candidate for the post must not only be a regular practitioner in the maritime field, but also someone who understands the intricacies of running a large specialised agency in the UN system. Such a candidate would no doubt be accepted to the majority of the IMO members states," said a top government official who confirmed that President Obasanjo was interested in getting an African into the position.
The IMO's highest policy making body, the council, is made up of 40 countries in categories A, B and C.
These are the countries, which would be participating in Friday's election, the result of which will be presented to the organisation's general assembly in December for adoption.
They are; Argentina, Australia, the Bahamas, Bangladesh, Brazil, Canada, Chile, China, Cyprus, Denmark and Egypt.
Others are France, Germany, Ghana, Greece Honduras, India, Indonesia Italy, Japan, Kenya, Lebanon, Malta, Mexico, the Netherlands, Nigeria, Norway and Panama.
The list also includes Poland, the Republic of Korea, the Russian Federation, Singapore, South Africa, Spain, Sweden, the Philippines, Turkey, the United Kingdom, the United States and Venezuela.
The council members elected by the organisation's general assembly are either countries with the largest interest, in providing international shipping services or countries with the largest interest in international seaborne trade while election of others is based on the representation of all the major geographic areas of the world.
The Nigerian delegation to the election and council meetings, which started on Monday in London, is led by the Permanent Secretary in the Ministry of Transport, Professor D. N Banrkido, who is attending the organisation's meeting for the first time.
Maritime observers said on Monday that Banrkido does not have the necessary experience to do all that is needed to enhance Mrs. Mbanefo's chances at the elections.
"There are things to be done some days before the election. You need to canvass you need to lobby and you need to influence members. It will be difficult for the permanent secretary to influence and convince people he will be meeting for the first time," said a staff of the Nigerian Ports Authority.
Mrs. Mbanefor was born to the Uwechue family of Ogwashi-Ukwu, Delta State. She attended the University of Ife (now Obafemi) Awolowo University) where she read Law between 1968 and 1972 and between 1972 and 1973, she obtained her professional lawyers qualifications before she was called to the bar in 1973 as a barrister and solicitor of the Supreme Court of Nigeria.
A maritime lawyer with 29 years experience, 20 of which has been in transport and maritime industry, Mrs. Mbanefo joined the Federal Ministry of Justice, 1973. She worked in several departments including legal drafting, civil litigation and mercantile as well as industrial and land department.
Between 1978 and 1981, she became legal adviser at the Federal Ministry of Labour where she specialised in industrial relations, trade union law, factory law and workmen's compensation laws.
She was once a board member of the National Maritime Authority (NMA) and in 1987 she was appointed to coordinate the project for the review of Nigeria's maritime legislation.
Before she secured a job at the IMO secretariat some years ago, she has represented Nigeria in many international gatherings relating to maritime.
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Cargo clearance and delivery procedure under destination inspection scheme
By Ahmed Aliyu Mustapha
IT is with high sense of responsibility and patriotism that I have accepted to speak on "Cargo Clearance and Delivery Procedure under Destination Inspection Scheme." I have taken up this challenge as another opportunity provided to educate and enlighten both the stakeholders and the public about the actual meaning of the scheme. Permit me to say that, it has always been somehow worrisome when over and over again one listened to discussions on destination inspection scheme considering the divergent expressions of pessimism and unnecessary controversies about the likely success or otherwise of the scheme in the country. In view of such most often displayed lack of understanding or complete ignorance on what destination inspection is all about, I have also decided never to be tired in disabusing the minds of those who out of ignorance are crying wolf where there is none.
May I, therefore, on this note, for the avoidance of doubt and purpose of explicit clarity, categorically state that the term "Destination Inspection" in Customs terminology is nothing but an aberration or a misnomer. The concept is only correct to the extent that the goods are no longer subjected to pre-shipment inspection. Within the Nigeria Customs Service context, it is nothing but the normal Customs examination of goods. This has been the practice since the establishment of the service. We were doing it before the introduction of the Pre-Shipment Inspection Scheme and have also been doing it along side the scheme. For as long as Customs Service exists all over the world, physical examination of imports will also continue to be practised. In actual fact, since the inception of the pre-shipment inspection scheme, the practice of destination inspection of goods by the service has always been responsible for the yearly recorded large sums of additional revenue usually collected as underpayment on goods that went through the scheme. It goes to the yearly-recorded seizures of goods, which the scheme was in the first instance expected to prevent. It can therefore be seen that what we have been operating in the country since the introduction of the pre-shipment aspect are both pre-shipment and destination inspections of imports.
Under this circumstance, what people normally referred to as destination inspection of goods is, unknown to them, nothing new or strange to the service at all. The only change that can come out of destination inspection in the context of what the public understand is nothing but the abolition of the pre-shipment inspection aspect of the clearance procedure, and hence the discard of the mandatory Clean Report of Inspection (CRI) requirement for payment of Customs duties. As far as Customs is concerned, there is no other destination inspection beyond the 100 per cent physical examination of goods, which we have been implementing. In which case, all the existing import procedure will remain effective apart from that of the pre-shipment aspect even if the government eventually abolishes the scheme.
As witnesses to the result of the full-scale enforcement of 100 per cent physical examination of imports in the country, it is important to stress that what we actually need at both public and private sectors of our national life are patriotism and honesty in all our endeavours. We in the service promise to justify the confidence the successful implementation of the 100 per cent examination of goods has earned us from both sides of the government and organised private sectors by sustaining the gains of the exercise.
In this regard, I will like to state categorically that the Nigeria Customs Service is alive and responsive to its statutory obligations at all times. The service has always been conscious of the fact that manpower development is one of the most steady and crucial cornerstones upon which to build corporate success in any organisation. This we have continued to do with both training and re-training programmes to enrich, update and sharpen officers' skills for whatever may be the challenges ahead, destination inspection not being an exception.
I will like at this juncture to stress that Customs is not alone in the procedure for cargo clearance and delivery. The Nigeria Customs Service in carrying out this aspect of its crucial functions has never been an island unto itself, rather the activities of other organisations such as, the Nigeria Port Authority (NPA), Federal Aviation Authority of Nigeria (FAAN), shipping and air freighting companies, finance houses, that is, Central Bank of Nigeria and the commercial banks, importers, customs clearing agents etc. have enormous impact on the success or failure of cargo clearance activities. It is, therefore, necessary to highlight briefly the statutory obligations of the organisations concerned in this particular procedure.
Obligation of importers: Under the destination inspection of goods the obligation of importers have not changed. It is still the obligation of the importer to ensure that for every importation, a form 'M' is processed through bank according to laid down guidelines attaching all the necessary documents and supplying all the needed information such as description of goods, unit cost, freight cost, total cost, mode of transport, country of origin etc.
It is important to stress that it is a mandatory obligation for importers to ensure true and honest declarations to avoid all the occurrence of the ugly revelation that has characterised outcome of the 100 per cent examination of goods. Under the relevant section of the CEMA, untrue or false declaration is a very serious offence, which attracts heavy penalties. It is also the responsibility of importer to ensure that all imports are accompanied by relevant documents such as final invoice, certificate of origin and value, Bill of Lading, parking list etc. There are additional new documents such as carrier certificate, manufacturer certificate which will state the standards and laboratory tests certificate for chemicals, foods, beverages, pharmaceuticals, electrical appliances and other regulated products.
Finally, the importer owes the duty of ensuring that the correct duty and other charges are paid to any of the designated banks. Importers are advised not to give cash or cheque to agents but pay their cheques directly to any of the designated banks.
Obligation of shipping and air freighting companies: The obligatory duties of the shipping and air freighting companies go beyond mere reporting arrival and submitting manifests. It is their duty to ensure that whatever they have submitted are to the best of their minds the truth that can stand the test of time. The frequent occurrence of cases of landing un-manifested cargoes as well as untrue or false declaration of goods is outside the norms of what is expected of them.
It must be borne in mind that relevant sections of the Customs' laws stipulate specific penalties for offenders and the full wrath of the law shall always be brought into play on such cases. In as much as there is no doubt about the admissibility of amendments to manifest, a situation where half of a manifest would have to be amended before one can ascertain the truth of what were actually brought into the country is not only an abuse of procedure, but dishonest and unclean business.
Apart from the fact that undergoing the process of amendment contributes a lot to delay in clearance of goods, it also robs the government of its revenue. All shipping and air freighting companies that intend to operate and do business with Nigeria must be prepared and endeavour to respect our regulations and policies.
Obligation of the Nigeria Ports Authority (NPA) and Federal Aviation Authority of Nigeria (FAAN): As the statutory custodian of imports at the sea and air ports respectively, the discussion on inspection and release of imports cannot be completed without adequate reference to both the Nigeria Ports Authority and Federal Aviation Authority of Nigeria.
It is the statutory responsibility of these bodies to position all imports for the purpose of Customs physical examination and hence the subsequent final duty assessment. Once a perfect document leaves the Customs Processing Centre for the outdoor, that is, container terminal or transit sheds, how long it takes to examine the goods depends on the port administering authority. Even after the examination and Customs final release, the process of delivery lies in the hands of these authorities and the shipping companies. Thus, whatever time it takes a particular good to leave the port from the point of Customs release is completely out of Customs control.
It is, therefore, on these notes that the success or otherwise of ensuring speedy clearance of imports lies more in the hands of the port administering authorities than Customs.
Obligation of clearing agents: The role of the Licensed Customs Clearing Agents towards the success or otherwise of the clearance and delivery of goods is as important as that of Customs. Agents as the representative of the importers interact directly with both Customs and other relevant organisations in the process of cargo clearance. Apart from their natural obligation to Customs conferred on them by virtue of the fact that they are licensed by the service, they more than anything else owe the duty of transparency, honesty and patriotism in rendering their services.
It is their responsibility to ensure that the money paid to them by importers for Customs duties are promptly and correctly paid to the government account. They also owe the duty of ensuring correct declaration of goods, tariff classification, rate of duty and avoid falsification or alteration of importing documents. In a nutshell, the task of clearance of imports lies more squarely on their shoulders as they are at the centre of interaction with all authorities concerned with imports.
Obligation of the Central Bank of Nigeria, banks and the designated banks: The beginning of any importation transaction starts from the opening of Form 'M' and letter of credit. To the extent that Central Bank of Nigeria remains the most relevant authority for these foundations or basic requirements.
The apex bank's role in the success or otherwise of cargo clearance and delivery is as crucial as important. Therefore much is expected of bank in order to facilitate the smooth running of the scheme. In the case of other banks, the originals of vital importing documents such as invoices, bill of lading etc. are received through them. In this case, they have prominent role to play in ensuring that only genuine documents are released from them for processing of cargo clearance.
As for designated banks, it must always be borne in mind that this system came into being as a result of search for solution to curb the past cases of fraud through the usage of dud cheques and recycling of cheques for Customs duties. They must, therefore, avoid the tendency of opening another area of revenue leakage as we try to plug the former.
In this regard, the present discrepancies resulting from the lack of proper reconciliation between the Customs account on one hand and the amount transferred to the Central Bank on the other hand does not speak well of them.
Apart from this, the new dimension of issuance of fake bank receipts and pay-in-slips by the banks to account for duties, which were never paid are new areas they must seriously look into.
The Role of Customs: Fundamentally, except otherwise directed, the roles of Nigeria Customs Service will not change from what its currently doing. However, I want to state clearly that all the procedural and documentation changes as well as other reforms both internal and external being put in place from time to time are directed towards achieving greater trade facilitation and revenue generation without compromising accountability and transparency.
Running down customs procedure on the clearance of goods from the time the carrying vessels arrival in the country to the time goods are released out of Customs control for home use or placed under another customs procedure, the procedure can be divided into three parts namely:
• procedures prior to lo
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