The Federal High Court in Abuja on Thursday, September 28, 2017 struck out a motion exparte seeking a substituted service on Senator Dino Melaye by the Independent National Electoral Commission (INEC).
Senator Dino Melaye
The motion, which was earlier withdrawn by INEC before it was struck out by Justice Nnamdi Dimgba, appears to be a setback on several efforts at enforcing a court order on the Senator.
Justice Dimgba struck out the motion following an oral application by INEC’s counsel Yunus Ustas Usman (SAN), to withdraw the motion.
The judge further directed all applications relating to the petition for the recall of the Senator to be henceforth resolved at the Court of Appeal.
Justice Dimgba had, in his September 11 judgment, gave INEC the go-ahead to continue with the process of recall after dismissing Melaye’s suit seeking to stop the move by INEC.
But the Judge had equally ordered INEC to forward a copy of the said petition it received from Melaye’s constituency, signatories to the petition as well as the full list of petitioners to Senator Melaye for verification.
However, efforts by the electoral body to serve the court’s order on the Senator had proved abortive as he was alleged to have been evading service.
Consequently, INEC in an application dated September 15, approached the court for an order of substituted service on him. And when the matter came up yesterday, Melaye’s counsel, Nkem Okoro, who held brief for Mike Ozekhome (SAN), urged the court to divest itself of jurisdiction in all applications relating to the matter on the grounds that appeal has been entered at the Court of Appeal.
Okoro argued that it would amount to judicial impertinent for the judge to continue with any application relating to the issue.
In his response, counsel to INEC – Usman, who claimed he had just been served with the record of the appeal, argued that ordinarily, the judge should hands off from any application relating to the matter if it was an ordinary cases.
According to him, since the issue of referendum was election-related, the court could not be restrained.
In an attempt to resolve the issue, Justice Dimgba asked, if in view of the final judgment the court delivered on September 11, wherein the matter was disposed of on merit, it still has powers to entertain any application on the same matter, and if besides the exparte motions of the plaintiff, there were no other means available for the plaintiff to enforce the court order of September 11.
It was at this point that counsel to INEC applied to withdraw the exparte motion and file the necessary application.
He said: “I concede to the point made by my Lord and I want to withdraw the motion exparte dated September 15, 2017.”
Justice Dimgba consequently struck out the exparte motion at no cost to the parties following its withdrawal by INEC’s counsel.
“In the face of uncleared evidences of the record of appeal, it is better that all applications relating to the matter be resolved at the Appeal Court,” the judge stated.
The Economic and Financial Crimes Commission (EFCC) on Thursday, September 28, 2017 arraigned a vessel, MT Vine, and six suspected oil thieves before a Federal High Court, Lagos.
The Federal High Court in Lagos
They were arrested for allegedly stealing 1080 Metric Tons of Automated Gas Oil (AGO), popularly known as diesel.
Those arraigned alongside the vessel are Okpene Peter, Lateef Akin, Sarumi Evans, Obodo Cosmos and Onipede Kayode.
However, the fifth suspect, Adams Akeem, was arraigned in absentia.
The EFCC, in the four-count charge, said the suspects had on June 12, 2017, conspired among themselves to deal in petroleum products without lawful authority.
They were also alleged to have unlawfully stored 1080 Metric tons of AGO in MT Vine’s cargo tank and equally distributed the product.
The offences, according to the prosecutor, Mr. Rotimi Oyedepo, are contrary to sections 19(6), 17 and 4 of the Petroleum Act. Cap. P. Laws of the federation of Nigeria, 2004, and punishable under section 17 of the same Act.
All the accused persons pleaded not guilty, after the charges were reading to them.
However, the trial judge, Rilwan Aikawa, ordered that all the accused persons to be remanded in EFCC’s custody till October 6, to rule on their bail applications.
The global observation of 2017 World Cities Day will be held in Guangzhou, China on October 31, the organisers announced on Wednesday, September 27, 2017.
Guangzhou, China
The event is organised by United Nations Human Settlements Programme (UN-Habitat), the Ministry of Housing and Urban-Rural Development of China (MOHURD) and the People’s Government of Guangdong Province, and hosted by Guangzhou Municipal Government.
World Cities Day is the first international day established under the proposal of Chinese government. It was proposed in the Shanghai Declaration by the organising committee of the World Expo, UN and International Exhibition Bureau at the World Expo 2010 in Shanghai, China that October 31 should be nominated as World Cities Day to “inspire humankind in its enduring pursuit of urban innovation and harmonious development.”
With the joint efforts of UN-Habitat, MOHURD, CCPIT and Shanghai Municipal Government, the UN General Assembly adopted the resolution which designated the date as World Cities Day (WCD) in December, 2013.
The general theme of WCD is “Better City, Better Life”, the theme of the Shanghai World Expo, while the annual theme changes accordingly. The theme for WCD 2017 is “Innovative Governance, Open Cities”, which echoes the ideas of New Urban Agenda and the five development philosophies of China, aiming at leading the sustainable development of cities around the world and advancing the worldwide implementation of 2030 Sustainable Development Agenda and New Urban Agenda of UN.
Guangzhou, known as Flower City, is the host city of the 2017 Global Observation. As one of the key central cities and demonstration livable cities of China, Guangzhou has remained a famous historic and cultural city with 2200 years of history. In the practices of urban governance, Guangzhou actively reacts to new global trends of urban development according to the development concepts of innovation, coordination, green, open and sharing, while trying to build itself a hub network city and an important node for global city network.
Based on the annual theme of 2017, this year’s global observation is to exchange and showcase the innovative practices around the world in urban planning, building and management, discuss how to further implement New Urban Agenda, and promotion of the exchange and cooperation among cities and countries along the Belt and Road.
Specific activities include World Cities Day Forum, WCD-Urban Governance Innovation Practices Exhibition, Urban Cultural Exchange and other supporting activities. To be present in this event are representatives of UN Habitat and leaders from MOHURD and Guangdong Provincial Government as well as ministry officials and mayors from different countries, representatives of relevant international organisation, and scholars on urban planning and construction management.
For the 2017 WCD, Guangdong Housing and Urban-Rural Development Department and Guangzhou Municipal Government have jointly formulated a preparation scheme, founded a specialised preparation organisation, and made plan for symposium, academic paper collection, South Guangdong Ancient Post Road Orienteering and Expert Interviews, to draw public attention and efforts to city governance and development for the purpose of building a greener and more livable, convenient, harmonious city.
Since its establishment, WCD has been celebrated worldwide in various forms. The 2014 WCD Global Observation was held in Shanghai which saw the presence of guests from 37 countries and the felicitations of Premier Li Keqiang and UN Secretary General, Ban Ki-Moon. On the same day, dozens of celebration events were organised in UN Headquarters and 12 countries. The 2015 and 2016 WCD Global Observations were respectively held in Milan of Italy and Quito of Ecuador while national celebration events were held in Shanghai and Xiamen of China. In line with the general and annual themes of WCD, governments at all levels, city managers, researchers and citizens are encouraged to discuss and exchange policies, measures and experiences of sustainable urban development from different perspectives.
The new international day initiated by China has been widely recognised by international community. Last October, WCD was identified as one of important existing initiatives related to the implementation of New Urban Agenda adopted by the United Nations Conference on Housing and Sustainable Urban Development (Habitat III). The WCD has become a major platform for the world to promote the idea of sustainable urban development, to discuss urban livability and harmony, and to meet challenges brought by urbanisation.
TRAFFIC, the wildlife trade monitoring network, has revised its board structure and appointed new trustees in the bid to effectively combat wildlife crime and promote sustainable wildlife trade.
Mark Halle, the newly appointed chair of TRAFFIC
Consequently, the non-governmental organisation (NGO) has been congratulated by the the International Union for Conservation of Nature (IUCN) and World Wildlife Fund (WWF) on the recent development.
TRAFFIC works globally on the trade of wild animals and plants in the context of both biodiversity and sustainable development.
The new governance arrangements were developed with guidance from IUCN and WWF – both TRAFFIC founders. The new board will be chaired by Mark Halle, who has a diverse background in environment and sustainable development and wide experience of institutional development in this field. The other trustees appointed include Ginette Hemley, Maggie Kinnaird and Li Lin (appointed by WWF); Aimé Nianogo, Jon-Paul Rodriguez and Jane Smart (appointed by IUCN) and Jeremy Eppel and Joshua Ginsberg.
This series of appointments is regarded as a milestone in achieving TRAFFIC’s 2020 goal to help reduce the pressure of illegal and unsustainable wildlife trade on biodiversity, and enhance the benefits to wildlife conservation and human well-being that derive from trade at sustainable levels.
“IUCN is proud to see TRAFFIC – one of its key strategic initiatives – gain force and continue its crucial work to combat wildlife crime under the new leadership,” says Inger Andersen, IUCN Director General. “IUCN’s involvement in achieving this milestone emphasises our strong commitment to tackling illegal wildlife trade, which is arguably one of today’s most complex global challenges. We are eager to continue our work with TRAFFIC to produce the much-needed science that will guide our collective response to this challenge.”
“The TRAFFIC, IUCN and WWF partnership has taken major strides over the years in tackling illegal and unsustainable wildlife trade,” says Marco Lambertini, Director General of WWF International. However, as we are still facing declining global wildlife populations and a new unprecedented global poaching crisis, it is critical that we take even stronger, more urgent and decisive action. The new governance arrangement ensures TRAFFIC plays an even more impactful and critical role in halting the wildlife crime that undermines species survival, the health of ecosystems and the livelihood of communities.”
Established in 1976 by IUCN and WWF to respond to the growing threats posed by unsustainable and illegal wildlife trade, TRAFFIC plays a leading role as a global wildlife trade specialist. Its team of 150 staff around the world carry out research, investigations and analysis to compile the evidence needed to catalyse action by governments, businesses and individuals, in collaboration with a wide range of partners, to ensure that wildlife trade is not a threat to the conservation of nature.
“TRAFFIC has a long and enviable reputation for close and productive collaboration with its partner organisations and I am keenly anticipating helping to steer TRAFFIC forward as it embarks on this new chapter in its long and proud history,” says Mark Halle the newly appointed chair of the board.
“TRAFFIC thanks the WWF and IUCN staff who have served over the years as members of the TRAFFIC Committee and the out-going trustees of the TRAFFIC International charity for their hard work in shaping and implementing this transition and we welcome the new board and working with them in achieving the organisations’ conservation ambitions,” says TRAFFIC’s Executive Director, Steven Broad.
Newly appointed trustees of the TRAFFIC International charity, registered in the UK are:
Independent appointees:
Mark Halle (Chair. Senior Fellow, International Institute for Sustainable Development (IISD))
Jeremy Eppel (Co-Founder, Eppel Sustainability Ltd)
Joshua Ginsberg (President, Cary Institute of Ecosystem Studies)
IUCN appointees:
Aimé Nianogo (Regional Director, IUCN, Central and West Africa)
Jon-Paul Rodriguez (Chair, IUCN Species Survival Commission)
Jane Smart (Global Director of IUCN’s Biodiversity Conservation Group and Director, IUCN Global Species Programme)
WWF appointees
Ginette Hemley (Senior Vice President, Wildlife Conservation, WWF US)
Maggie Kinnaird (Wildlife Practice Leader, WWF International)
Li Lin (Director of Global Policy and Advocacy, WWF International)
The Asian Development Bank’s (ADB) Board of Directors has approved a $50 million loan to help fund rooftop solar power generation systems in Sri Lanka to increase the share of renewable energy sources in the country’s energy mix.
The project will finance rooftop solar power subprojects equivalent to additional capacity of 50 megawatts
ADB will also administer a $1 million technical assistance from the Asian Clean Energy Fund under the Clean Energy Financing Partnership Facility to help build capacity, increase awareness of stakeholders, and support the project’s implementation in Sri Lanka.
“Sri Lanka’s energy sector has made tremendous progress over the last two and a half decades in bringing electricity to almost everyone in the country,” said Mukhtor Khamudkhanov, an ADB Principal Energy Specialist. “But there is a need to diversify the country’s energy mix toward more renewable and sustainable sources.”
Sri Lanka’s electrification rate stood at 99.3% in 2016 compared to just 29% in 1990, showing steady progress in improving access to electricity. However, the country remains highly dependent on fossil fuels. In 2016, thermal power contributed 67.2% of the total power generation compared to hydropower’s 24.6% and 8.2% of nonconventional renewable sources.This dependence on carbon-emitting energy sources makes Sri Lanka vulnerable to fluctuating fuel prices, while hampering the government’s efforts to reduce greenhouse gas emissions by 20% as part of its commitment to the Paris agreement.
ADB’s Rooftop Solar Power Generation Project will boost access to clean and reliable power in Sri Lanka. Specifically, the project will finance rooftop solar power subprojects equivalent to additional capacity of 50 megawatts while building capacity and awareness of relevant authorities, private sector partners, and customers. It will also develop a market infrastructure and bankable pipeline of subprojects for the solar power systems through greater cooperation with private financial institutions and the establishment of technical guidelines and standards for the system.
Total cost of the project is $59.8 million, to which the private sector will provide a $9.8 million equity contribution. The project’s expected completion date is the end of 2021.
ADB, based in Manila, is dedicated to reducing poverty in Asia and the Pacific through inclusive economic growth, environmentally sustainable growth, and regional integration. Established in 1966, ADB is celebrating 50 years of development partnership in the region. It is owned by 67 members – 48 from the region. In 2016, ADB assistance totaled $31.7 billion, including $14 billion in cofinancing.
The 2017 World Tourism Day, observed on Wednesday, September 27, has been described as an opportunity to remind people of the importance of responsible and sustainable tourism for development and environmental protection.
Taleb Rifai, Secretary-General of the World Tourism Organisation (UNWTO)
The UN’s World Tourism Organisation (UNWTO) estimates that tourism is responsible for nearly 5% of global CO2 emissions. Out of these 5%, transport is responsible for the largest part of emissions, with around three quarters of the share. At the same time, the tourism industry is affected by the impacts of climate change, which include ever more severe floods, intense storms and water shortages.
The tourism industry is said to be booming. According to the WTO, tourist spending increased from $2 billion in 1950 to $1.2 trillion in 2015. The number of international tourists has also gone up, from 25 million in 1950 to 1.2 billion in 2015. Whilst sustainable tourism still only represents a small fraction of the global industry, there is enormous potential to ensure that the growing sector is greened.
This year is also International Year of Sustainable Tourism for Development, and the WTO launched the “Travel. Enjoy. Respect” campaign. The campaign called on travelers to celebrate the day by taking a pledge to contribute to sustainable tourism.
Tourists and travelers can also reduce their carbon emissions by choosing sustainable modes of transportation. And they can balance the carbon emissions of their trips by purchasing UN-certified offsets provided through the UN’s Climate Neutral Now initiative.
The Director General/CEO, National Biosafety Management Agency (NBMA), Dr Rufus Ebegba, has called for synergy with theFederal Capital Territory (FCT) police command on the enforcement and regulation of genetically-modified products in the country.
DG/CEO, NBMA, Dr. Rufus Ebegba (left), with FCT Police Commissioner, Sadiq Abubakar Bello
The NBMA boss, who made the submission when he paid a courtesy visit to the FCT Police Commissioner, Sadiq Abubakar Bello, in his office in Abuja on Wednesday, September 27, 2017, said the Police is key to the operations of the Agency in terms of enforcement.
“The Nigeria Police Force is always the first when we are looking at enforcement, this is because the law establishing the Agency says enforcement must be done in company of the Nigerian Police. The Agency is regulating a very critical sector hence the need for the police to synergise with the Agency,” he stated.
Dr Ebegba commended the FCT police command for its critical role in maintaining peace within and around the FCT, and assured that the Agency was ready to partner with the command in other to ensure the safety of Nigerians.
The Director General/CEO also used the opportunity of the visit to inform the Commissioner of the preparedness of NBMA to train men and officers of the Police on core activities of the Agency especially as it relates to enforcement.
Responding, the Police boss commended the effort of the Agency in ensuring that food and crops coming into the country and those produced within the country are safe for the people and the environment.
He noted that, with the existing corporation between the Command and the Agency, a lot would be done to ensure compliance to the mandate of NBMA, adding that he will ensure his men and officers work with the Agency to attain its mandate.
His Imperial Majesty, Oba Adeyeye Enitan Ogunwusi, the Ooni of Ife, in conjunction with New Breeze World, is set to produce a TV advocacy programme, Hopes Alive Initiative.
Oba Adeyeye Enitan Ogunwusi, the Ooni of Ife
The programme is designed for the under-privileged who have a lot to give but are often at a disadvantage due to public misperceptions that limit their opportunities and access to resources.
Temitope Oluseyi-Oshin is the host and producer of the programme, while the Ooni is the executive producer.
With the objective of fulfilling dreams, the Initiative is designed to educate the public and alleviate the stigmatisation of the under-privileged.
The show will be airing on major TV stations to sensitise the viewers on the scourge of poverty while promoting various opportunities to eradicate it.
“Poverty is a serious societal issue and one that all of us need to address, especially in these perilous times. We can do this by supporting agencies that work to make people happy, and by making sure that we do not contribute to the pains of the society in the fight against this scourge,” the promoters of the programme stated.
A witness brought by the Economic and Financial Crimes Commission (EFCC), Idowu Olusegun yesterday told a Federal High Court, Lagos that he never had any dealing with the former aviation minister, Chief Femi Fani-Kayode.
Chief Femi Fani-Kayode
Olusegun, who is the first prosecution witness, said this while being cross-examined by counsel to the former minister, Norrison Quakers (SAN), before Justice Mohammed Aikawa.
The witness, who is the Chief Executive Officer (CEO) of Paste Poster Company, further confirmed before the judge that he got cash payment of N6 million from the Directorate of Media and Publicity of the Peoples Democratic Party (PDP) Campaign Organisation for printing the presidential campaign poster of former president Goodluck Jonathan through one Mr Oke.
He further insisted before the court that the balance of N24 million his company charged the Campaign Organisation for media consultancy is yet to be paid.
Olusegun noted that he could not remember the amount he collected until he was shown a copy of the receipt issued by his company by the EFCC.
Meanwhile, the judge also overruled the objection of counsel to the EFCC, Rotimi Oyedepo, who had insisted that the extra-Judicial statement made by Olusegun before the commission couldn’t be tendered before the court.
Prior to the ruling of the court, Quakers had sought to tender the said statement in evidence because according to him, he has been able to establish that the witness made the statement and had also identified it.
But Oyedepo contended that the statement cannot be tendered since the witness had not in any manner contradicted himself.
Justice Aikawa had on Tuesday, September 26, 2017 turned down the request by Fani-Kayode to transfer his trial to Abuja division of the court.
The judge had arrived at the decision when it dismissed an application initiated by the former minister wherein he had sought that the charge against him be transferred to the Abuja division of the Federal High Court.
The trial judge declared that some of the authorities cited by lawyer to the defence were delivered before the enactment of the Administration of Criminal Justice Act, 2015 which, according to Justice Aikawa, had made provision for exceptions to the issues of venue of court.
According to Justice Aikawa, “In the case before me, the prosecution avers in its counter affidavit that the sum of N30 million was paid to PW1 (Olusegun Idowu) of Paste Posters Company Ltd, who has his office in Lagos.
“This, in my view shows that all facts leading to the transaction was done in Lagos, and only evidence will prove otherwise.
“In the light of all these, it is clear that the facts and circumstances of this case falls into the exceptions of the law regarding criminal trials.
“There is no justification to warrant a transfer of this case to Abuja; the interest of justice requires that the trial of this case continues in this court.
“This application hereby fails and is accordingly dismissed.”
Aside this, Justice Aikawa in his ruling on the objection raised by defence counsel on the last adjourned date which questioned the tendering of photocopies of payment receipts by PW1 who had commenced his evidence on June 7, 2017 insisted that it was not the business of the court to concern itself with whether a document is original, so long as the document sought to be tendered, is duly certified.
Justice Aikawa therefore threw out the objections, admitted the receipts in evidence and same were designated as exhibits 3 and 3A respectively.
The judge thereafter ordered the prosecution to continue with the examination of his first witness.
While being led in evidence by Rotimi Oyedepo, counsel to the EFCC, the 1st prosecution witness, who after being asked by Oyedepo that, “you told the court that you printed some posters, now take a look at exhibit 3 and tell the court if that is the payment receipt” responded in the affirmative when he said “yes” with an addition that the amount on the receipt was N6 million, even as he explained that payment was made to him in cash, and in the name of “Directorate of Media and Publicity, PDP Campaign Organisation.”
The witness stated further that, “On that same day, the sum of N30 million was also remitted to me in cash in the name of “Directorate of Media and Publicity, PDP Campaign Organisation.”
The matter was then adjourned until Wednesday, September 27, 2017 for cross examination and continuation of trial after Quakers prayed the trial judge to consider an adjournment so as to be able to study the exhibits and prepare his cross examination.
Fani-Kayode who equally held sway as Chairman, Media and Publicity, of the 2015 PDP Campaign Organisation, was dragged before the court alongside the former Minister of State for Finance, Nenadi Usman.
Also charged with the duo on a 17 counts that touch on alleged N4.6 billion money laundering is the former National Chairman of the Association of Local Government in Nigeria (ALGON), Yusuf Danjuma, together with a company, Join Trust Dimensions Limited.
But they had pleaded not guilty to the charges.
The defendants were initially docked on June 28, 2016 before Justice Muslim Hassan of same court.
But Justice Hassan excused himself from the suit on March 16, 2017 sequel to an application by Fani-Kayode suggesting the likelihood of bias.
This prompted the reassignment of the matter to Justice Aikawa and the defendants were re-arraigned on the charges.
Specifically, Fani-Kayode and others were alleged to have committed the offence between January and March 2015.
The anti-graft agency alleged that the defendants unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
The EFCC also alleged that the defendants unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
But counts 15 to 17 stated that Fani-Kayode and one Olubode Oke, who is said to be at large, allegedly made cash payments of about N30 million, in excess of the amount allowed by law without going through a financial institution.
The former Aviation Minister was said to have made payments to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos, in excess of amounts allowed by law.
The EFCC said the offence contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012.
The matter has been adjourned until November 20, 2017 for continuation of trial.
Former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, has advised President Muhammadu Buhari to drive the restructuring process as provided in Section 5 of the 1999 Constitution.
President Muhammadu Buhari delivering a message at COP22 in Marrakech, Morocco
President Buhari had in a national broadcast shortly after returning from United Kingdom on a medical vacation declared that the National Assembly and the National Council of State would initiate the restructuring process.
But the senior advocate said on Tuesday, September 26, 2017 that the kind of restructuring envisaged by Nigerians is such that he alone can initiate.
His words: “When he came back from his America leave, he announced that he would allow the National Council of State and the National Assembly to lead the process.
“The President is the leader of Nigeria and the reason we have all these problems is simply because he has not taken direct control.”
Agbakoba, who blamed the Southern leaders for not engaging their Northern counterpart on the issue, said the federal government need to allow states to have control over natural resources in their domain.
“Recognise the difference between devolution of powers and redistribution of powers. The relevant concept for restructuring is redistribution and not devolution of powers.
“The concepts are mixed up. Redistribution is when power is rearranged between the federal and regional governments. Devolution relates to powers given up by the unitary government to the regions,” he said.
According to him, the most important challenge is to develop a blue print on restructuring to be used to engage Nigerians.
He also urged Nigerians to have a clear voice in order for the president to take action.
“If only we can have a clear voice, a pan Nigeria voice, but that doesn’t exist. The president is taking the advantage of the fact that there is no pan Nigeria voice.
“But if there is a pan Nigeria voice, he will be forced to take up the matter. If Nigerians gets involved in the debate, the president will be forced to take some action,” he said.
