The Court of Appeal, Abuja Division, has dismissed remaining four appeals in the People’s Democratic Party (PDP) leadership tussle between Senator Ahmed Mohammed Markarfi and Ali Modu-Sheriff.
Ali Modu-Sheriff
The Justice Ibrahim Salauwa-led three-man appellate court panel dismissed all four appeals after counsels made submissions urging the court to strike out the cases because it had become academic.
The applicant counsel all made applications for withdrawal in view of judgment of the Supreme Court in case SC/130/2017 on the PDP leadership tussle on June 12, 2017 which had apparently addressed all the issues in the appeals before the court.
In one of the cases between Markarfi, Ben Obi and four others vs. Biyi Poroye, the Independent National Electoral Commission (INEC), PDP and seven others, the Appellant Counsel representing Markarfi, Olumide Olujimi, told the court that, in view of the judgment of the apex court, the appellant would apply to withdraw its appeal.
Justice Salauwa, delivering the verdict, said: “We are bound by the decision of the Supreme Court, which is the highest court in the land, on the principles of staris decisis. This appeals having been withdrawn is hereby dismissed with no cost attached.”
The same circumstance ensued in all three other cases which were also filed by the Ahmed Markarfi faction of the PDP in the matters numbered CA/A/402/2016, CA/A/402A/2016, CA/A/402B/2016 and CA/A/551/2016.
The Supreme Court on July 12, 2017 had in its judgment in the appeal numbered SC/133/2017 nullified the earlier judgment of the Court of Appeal, Port Harcourt Division of February 17, 2017 recognising Sheriff as the authentic chairman of the party.
The verdict of the apex court consequently removed Ali Modu-Sheriff as Chairman of the PDP and affirmed the Caretaker Committee faction lead by Ahmed Makarfi as the party’s authentic leadership.
The Secretariat of Convention on Biological Diversity (CBD) and the International Union for the Conservation of Nature (IUCN) on Thursday, September 14, 2017 released a new publication titled “Guidelines for tourism partnerships and concessions for protected areas: generating sustainable revenues for conservation and development”.
Cristiana Paşca Palmer, Executive Secretary of the Convention on Biological Diversity (CBD)
Designed to support protected area authorities and the private sector in their development and use of tourism partnerships and concessioning to contribute financially and technically to biodiversity conservation, the guidelines are geared towards protected area authorities, ministries of environment and tourism, policy experts and interested enterprises. The aim is to enhance the level of financial resources available for conservation management obtained from tourism concessions and partnerships.
The tourism sector is recognised as being the largest global market-based contributor to the financing of protected area systems in many countries. In 2014, the Conference of the Parties (COP) to the CBD noted that, under appropriate safeguards, tourism can contribute to protected areas through partnerships and concessions. However, most countries currently underuse tourism as a means to contribute towards the financial sustainability of protected areas. The new guidelines aim to assist countries in addressing this gap.
Dr. Cristiana Paşca Palmer, CBD Executive Secretary, said: “This ground-breaking publication supports a decision by Parties to the Convention to build the capacity of national and subnational park and protected area agencies to engage in partnerships with the tourism sector to complement public budgetary allocations towards achieving the Global Biodiversity Target 11.” The Global Biodiversity Targets, also known as the Aichi Biodiversity Targets, are a set of 20 time-bound, measurable targets to be met by the year 2020.
Prepared in the framework of an agreement between the CBD Secretariat and the IUCN and released at the 22nd Session of the United Nations World Tourism Organisation General Assembly (UNWTO) in Chengdu, China, the publication includes information on the fundamentals of tourism, different tourism partnerships, financing concessions, a step-by-step guide to concession processes, integrating sustainability, contract management and concession capacity requirements.
The guidelines were developed as part of a project called “Tourism partnerships and concessions in protected areas: Cooperating for success”, executed on behalf of the CBD Secretariat by the Tourism and Protected Areas Specialist Group (TAPAS Group) of the IUCN World Commission on Protected Areas. Government representatives from the ministries of tourism and environment, protected area agencies, and tourism boards in Botswana, Lesotho, Madagascar, Malawi, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe contributed to the guidelines. Representatives of the CBD, International Finance Corporation, UNWTO and members of the TAPAS Group also provided input.
Dr. Anna Spenceley, Chair of the TAPAS Group, said: “Our collaborative guideline development process has resulted in an informative tool that builds on previous experience and guidance, and is practical and easy-to-use, which is relevant for protected area managers. We are proud to contribute this advice in the UN International Year of Sustainable Tourism for Development.”
Funding for the project was provided by the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety and by the Government of the Republic of Korea through the Bio-Bridge Initiative. The publication also serves as a contribution to the Sustainable Tourism Programme of the 10-year framework of programmes on sustainable consumption and production patterns (10YFP).
The National Biosafety Management Agency (NBMA) has alerted Nigerians on tons of genetically modified (GM) maize imported into the country without necessary approvals.
National Biosafety Management Agency (NBMA) Director General/CEO, Dr. Rufus Ebegba (centre), with NBMA officials during the briefing
NBMA Director General/CEO, Dr. Rufus Ebegba, who made this known at a news on Wednesday, September 13, 2017 in Abuja, said that the Agency got notice of the importation through an intelligence report and has set in motion necessary machineries to track the importers and bring them to book.
“The NBMA got an intelligence report on the importation of GM Maize into the country. We have no application from anyone on this and we are not aware of any move to bring in this maize. The NBMA Act 2015 has stipulated steps and procedures for the importation, production and processing of Genetically Modified Organisms (GMOs) in the country and we will ensure that the act is strictly followed,” Dr. Ebegba added.
He urged the general public not to panic as the Agency would never compromise on its mandate of ensuring that the safety of Nigerians and the environment was topmost in its dealings. Adding that with an already existing Memorandum of Understanding (MoU) between the NBMA and the Nigerian Customs Service (NCS), the products can’t be allowed into the country without adherence to due diligence.
He said that the Agency was empowered by law to carry out a risk assessment of the imported product before it will be allowed into the country to ensure that it is safe.
To ensure tenure security to Iraqui Yazidi people, the United Nations Human Settlements Programme (UN-Habitat) has handed over occupancy certificates for renovated houses to returnees in Sinuni and Sinjar in the Ninewah Governorate, northern Iraq.
The project facilitated the return of approximately 3,000 individuals to their restored houses, and the distribution of occupancy certificate to Yazidi families in Ashti
Following the ISIL/Da’ish offensive on Sinjar district, over 275,000 people from Mount Sinjar area – including a vast majority of Yazidis – were driven out of their homes. Abandoned Yazidi settlements were either systematically demolished or seized by ISIL fighters. Some 3,000 homes are thought to have been destroyed or burned down in the sub-district of Sinuni alone.
As part of the UN-Habitat’s Urban Recovery Programme, in partnership with the Nineveh Governorate, 562 damaged houses were rehabilitated in 11 villages across Sinuni Sub-District, 108 of which are in the town of Ashti. The project was supported by the United Nations Development Programme (UNDP)’s Iraq Crisis Response and Resilience Programme (ICRRP) with generous funding from the Government of Germany.
The ceremony celebrated the completion of the Pilot Housing Rehabilitation project in Sinuni, which facilitated the return of approximately 3,000 individuals to their restored houses, and the distribution of occupancy certificate to Yazidi families in Ashti. Alongside the technical rehabilitation of damaged houses, the project put a very strong emphasis on the human rights of adequate housing and tenure security as essential pillars of healthy, functional, resilient communities.
A community-based approach
This is inevitable in the case of the Yazidis, who were subject to protracted discriminating policies in the area where they were prevented from tenure security for decades. Using the Social Tenure Domain Model, a tool developed by UN-Habitat and applied in numerous countries, the UN-Habitat team conducted community consultation meetings to verify the occupancy claims of the returnees, and issued the occupancy certificates that are endorsed by local authorities as well as community members.
The project promotes sustainable and resilient towns for returnees – beneficiaries and rightful occupants – through the rehabilitation of housing and infrastructure, along with the recognition of their right to property and occupancy. The project adopted a community-based approach involving local private contractors, direct engagement of the local community in the rehabilitation work, and an effective partnership with the local authorities.
The community-led approach builds self-reliance of local communities and authorities; secure recovery investments that remain with the community, and ensures security and protection, while re-establishing bounds and cultivating a spirit of peace-building and social cohesion among community members. The project implements the reconciliation efforts made by the United Nations Assistance Mission in Iraq (UNAMI) and UNDP.
Partner support for returnees
Dr. Cyrill Nunn, Ambassador of the German Federal Republic, called in remembrance the violence and atrocities against the Yazidi community by ISIS. “These acts against human rights and religious freedom should never be forgotten,” he stressed. The German Ambassador emphasised that the housing project, funded by Germany, is an important step to allow many Yazidis returning home. Beside this physical support, another important step will be to address the psychological needs of those Yazidis, who have suffered so much under the control of ISIS. Germany stands ready to continue its support also in this area.
Dr. Erfan Ali, the Head of UN-Habitat Iraq, underlined the strategic importance of this intervention to facilitate return, not only by the physical rehabilitation of damaged houses and infrastructure but also by addressing tenure rights of the returning families, stressing that “Recognising the housing occupancy rights for the Iraqi Yazidis since decades in this area is a ground-breaking achievement, and is a necessary tool for prompting more returns to the area.”
On his part, the Vice Governor of Ninewah, Mr. Abdelqader Sinjari, thanked the Federal Republic of Germany for its contribution to the rehabilitation of the area, and underlined the need for more interventions and rehabilitation efforts in the district. He also underlined the importance of the occupancy deeds that were distributed by UN-Habitat.
On behalf of the people of Sinuni, the Mayor/Qa’immaqam, Mr. Nayeef Saydoo Qasem, thanked the tangible results delivered under the project. He emphasised the level of destruction to the area, and stressed that additional support is needed to facilitate recovery and reconstruction.
Companies across sectors and geographies are turning increasingly to an internal carbon price to prepare for climate-related business risks, and guide and fund investments in low-carbon solutions.
C2ES President, Bob Perciasepe
Setting a price on carbon encourages companies to reduce their emissions, and carbon pricing is therefore essential to achieve the central goal of the Paris Climate Change Agreement, which is to limit global temperature rise to as close as possible to 1.5 degrees Celsius.
A new brief published by the Centre for Climate and Energy Solutions (C2ES), “The Business of Pricing Carbon”, examines how companies are using internal carbon pricing – either through an explicit fee on business-related carbon emissions that can fund carbon-reducing projects, a theoretical “shadow” price to guide investment decisions, or a hybrid of these approaches.
For example, Microsoft business groups pay a fee, from $5 to $10 per metric ton, on the carbon emissions associated with their electricity consumption and employee air travel. The revenue is used to buy renewable energy, increase energy efficiency and e-waste recycling, and buy carbon offsets. In 2015, Microsoft received a Momentum for Change Lighthouse Activity Award for its innovative carbon programme.
Among the brief’s key findings:
Companies are using internal carbon pricing to achieve multiple goals. Among the reasons for an internal carbon price are: to reduce emissions, respond to shareholder concerns about climate-related business risks, build resilient supply chains and portfolios, increase competitiveness, prepare for future regulations, and demonstrate corporate social responsibility.
Just having an internal carbon price sends an important signal. Prices range broadly, from $2 to $893 per metric ton of carbon dioxide equivalent. For a carbon fee, the price itself may be less important than the business-relevant signal it sends to employees and business units that carbon emissions have costs and need to be managed. For a shadow price, the price may need to be higher than current government levels and increase over time to affect long-term decisions. (The High-Level Commission on Carbon Prices recommends $40-$80 per metric ton by 2020 and $50-$100 per metric ton by 2030.)
Companies have choices in how to price carbon. There is no one best way to internally price carbon; each has its benefits and challenges. Companies are using approaches such as a carbon fee, shadow pricing, implicit carbon pricing, and/or combining these strategies. A company should adopt the approach that aligns with its objectives. For example, a carbon fee can engage employees and help meet emissions reduction targets while a shadow price can inform long-term investment decisions.
Corporate carbon pricing is only one tool to address climate-related risks. Corporate carbon pricing alone will not be sufficient to ensure a transition to a global low-carbon economy. These approaches must be complemented with other corporate greenhouse has reduction strategies.
“Many companies are leading the way toward a low-carbon future. They see the risks of climate impacts to their businesses and the opportunities to create jobs and increase their competitiveness through clean and efficient energy,” said C2ES President, Bob Perciasepe. “Internal carbon pricing is one innovative tool more companies can explore to show sustainability leadership to their shareholders, employees, and customers.”
The Federal Government has said that it is imperative for Nigeria to have a strategic approach to managing its population explosion as indications are that the country would be the third largest country in the world by 2050.
Minister of Health, Professor Isaac Adewole
Minister of Health, Isaac Adewole, stated this on Monday, September 11, 2017 at the 5th Annual Family Planning Consultative Stakeholders meeting in Abuja.
He said if Nigeria should adopt family planning then the nation would be able to reduce maternal mortality.
The theme of the three-day meeting was: “Investing in Family Planning: Key to achieving the Sustainable Development Goals in Nigeria”.
He said: “If we do nothing about family planning, there will be disaster in the land, and we will have emergency on ground.
“Family planning would help to eliminate maternal mortality in the country. We would be able to eliminate a third of a maternal mortality if we adopt aggressive family planning.
“Hence, the need to see it as an issue of national importance. When the mother survives during child delivery, the child will survive. In a situation where the mother loses her life during delivery, the survical mechanism of the baby will be very low. The country is increasing on a daily basis but the country is not increasing in terms of landmass.”
In the same vein, the minister spoke of the readiness of the federal government to achieve a dramatic reduction in fertility, saying, “We want an average of 4% fertility.”
The wife of the Senate President, Toyin Saraki, said it is imperative for government to make contraceptives accessible and affordable.
“And I want to join the stakeholders to urge the Federal Government to make contraceptives accessible and affordable and I want to urge the National Assembly to pass the necessary laws; I’m not asking them to pass laws that would encourage promiscuity. But laws that would educate women so that we can plan our families,” she said.
An aviation firm, Topbrass Aviation Limited, has instituted a $45 million breach of contract suit against Diamond Bank Plc, before a Federal High Court, Lagos.
The Federal High Court in Lagos
Topbrass Aviation Limited, in the suit marked FHC/L/CS/1488/2017, is seeking an order of the court for special damages of the sum of $19.250 million against Diamond Bank for being the revenue or income it lost from December 2014 to the date of filling the suit, which is allegedly caused by the bank’s unethical practices.
The aviation company is also seeking an order of court to compel Diamond Bank Plc to pay it the sum of $25 million and $875,000 as special and exemplary damages respectively, for several outrageous and reprehensible breach of its banker’s duties to it, and for loss of income which would have accrued to it from the commercial use of its aircraft.
Narrating what brought about the current legal action, the aviation firm in an amended statement of claim filed before the court by its lawyer, Fidelis Albert, stated that it has a banker/customer relationship with Diamond Bank and such relationship is still subsisting. That it opened and maintain bank accounts with the bank in the course of banking business.
According to the company, it maintains three Dollar- and two Naira-denominated accounts with the bank.
The aviation firm stated that, sometime in 2010, it bided for and was awarded a multi-million-dollar contract by Chevron Nigeria Limited (CNL) to provide aircraft charter and auxiliary aviation support services for Chevron, and that, by the terms of the contract, it had the obligation to deploy two Bombardier Dash-8Q300 aircraft for the exclusive use and Service of Chevron Nigeria Limited on an initial two-year charter.
The purchase price for the aircraft was $9.5 million. However, the cost of undertaking a comprehensive back-to-service maintenance on the aircraft before it could introduce the aircraft to its fleet for routine flights was over $1 million and, on account of prohibitive cost, it was constrained to approach Diamond Bank, as its banker’s, for a loan to finance the purchase, maintenance and importation of the aircraft.
The aviation firm stated further that, in obtaining the credit facility, it entered into series of negotiations with Diamond Bank and after its proposal including the risk, cash flow projections, income stream on existing contract, potential incomes and commercial viability has been fastidiously assessed by the bank, and upon the conclusion of the negotiations, it was granted credit facility of $10.5 million.
The plaintiff also stated that, by the term of the offer letter of the facility, it required making an equity contribution to the loan portfolio to the tune of 10 percent of the value of the credit facility, which amounted to the sum of $1.050 million.
The plaintiff further stated that, sometimes in 2010, it entered into an Aircraft Maintenance and Service Provider Agreement (AMSP Agreement) with an aircraft maintenance facility in South Africa known as Executive Maintenance (Pty) Limited.
Pursuant to the AMSP Agreement, it began servicing and/or maintaining it’s aircraft fleets with Execujet. The first aircraft, a Bombardier DHC-8-Q315 marked 5N-TBC and MSN 614, was delivered to Execujet for ‘C’ check sometime in March 2013, for which Execujet completed the scheduled maintenance within a 10-week period at a total cost of about $650,000 million.
The plaintiff alleged that Diamond Bank interference with its contract with Execujet, through deceit, fraudulent misrepresentation and breaches of banker’s fiduciary duties to it, gave Execujet the impetus to boldly defraud it and foster the chains of fraud and breach of contract.
The plaintiff further alleged in its particulars of damage that Diamond Bank breached its banker’s duties of confidentiality, care, good faith and honouring mandate to it, without cause, by: divulging its credit standing and private financial information to Execujet in a false, misleading and inaccurate manner; maliciously misrepresenting its credit standing to Execujet without authority, refusing to honour its payment mandate to vendors in respect of the aircraft, thereby injuring it’s credit and reputation.
It also stated that Diamond Bank unilaterally accessed and made payments without and against the mandate of the company. And that the bank covertly and maliciously interferred with or circumvented it’s contractual relationship with Execujet, or unjustly inducing Execujet to breach its Aircraft Maintenance Agreement with the company, including countermanding the company’s instructions and directives to Execujet in respect of maintenance of the Aircraft and incidental matters.
The plaintiff averred that, quite unknown to it, and while it was labouring to resolve payment issue with Execujet, Diamond Bank had sometime in January 2015, surreptitiously circumvented it, and commenced clandestine discussion with the Execujet with a view to retaining the services of Execujet as its agent for sale of the aircraft. With this, the plaintiff said, Diamond Bank and Execujet concluded an agreement dated May 14, 2015, the agreement it said intended to overreach and extinguish its proprietary and ownership right of its aircraft.
They also averred that Execujet concluded maintenance of the aircraft in October 25, 2016, however following the action of Diamond Bank, Execujet was in dilemma of who to hand over the aircraft to, in view of competing claims of the company and Diamond Bank, adding that, with the steps taken by the Diamond Bank, consequently Execujet continued to unlawfully retain the possession of the aircraft in South Africa at Diamond Bank’s behest and pleasure, while the actions taken so far has put Topbrass Aviation company in a state of perpetual indebtedness to the bank.
Consequently, Topbrass Aviation Limited is urging the court to grant all it’s above-stated reliefs against Diamond Bank.
However, the court has adjourned till next month for hearing when Diamond Bank must have filed its amendment statement of defence.
The National Biosafety Management Agency (NBMA) has concluded a two-day induction training course on Biosafety Administration which reportedly aimed at increasing the functionality of the Nigerian biosafety system.
Resource persons at the NBMA induction workshop
Director General/CEO of the Agency, Dr. Rufus Ebegba, stated in his opening remarks that the induction would help the staff learn how to effectively execute the regulatory powers of the Agency.
Dr. Ebegba said, “This Agency regulates a very controversial sector and as such this training will further equip the staff to proficiently regulate modern biotechnology in Nigeria.”
Principal Programme officer of African Biosafety Network of Expertise (ABNE), Sam E. Timpo, urged the staff to key into the Agency’s mandate with lots of determination and to consider this an opportunity to grow in the Agency.
OFAB Nigeria Country Coordinator, Dr. Mrs Rose Gidado, who spoke on the global status of modern biotechnology, explained that Nigeria, which is already improving a few agricultural products, is leading the regulation of modern biotechnology in Africa.
The training, which started on Monday, September 11, 2017 and ended on Wednesday, September 12, featured over 14 paper presentations and further enlightened the staff on biosafety concepts, the Cartagena Protocol on Biosafety, biosafety administration, and safety and socio-economic concerns.
Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mr. Ekpo Nta, has successfully bowed out of office after six years at the helm. He handed over the reins of the Commission to Alhaji Abdullahi Bako, a Board Member, who will be acting pending the assumption of duty by the Chairman-designate, who is awaiting Senate confirmation.
Mr. Ekpo Nta (left) handing over to Alhaji Bako Abdullahi
In his address during the handing-over ceremony, the out-gone Chairman stated that he came into the Commission at a time when the Commission had a crisis of identity as to whether it was a law enforcement or civil service organisation, coupled with the fact that its premises had a seemingly abandoned look in terms of how dilapidated the physical structure was.
He revealed that though the situation dampened his enthusiasm, it also spurred him into picking up the challenge of not leaving the Commission the way he had found it.
Mr. Nta stated that the first task he and his Board Members set out to do was to rightfully place ICPC where it belonged based on the Commission’s enabling law.
He highlighted some of his achievements to include a high rate of investigation and prosecution of corruption cases; the introduction of preventive measures to check corruption in Ministries, Departments and Agencies (MDAs); and the spike in publicity for the Commission’s activities on its website and in the media.
Other achievements include: publishing of three volumes of ICPC law reports; improving the staff clinic to cater for the health of suspects in the Commission’s custody as well as the intervention and support by UNODC for the Commission’s work, amongst others.
The out-gone Chairman commended the management committee and staff of the Commission for what he described as a wonderful working period, stating that the Commission had intellectuals as staff who usually stood out at trainings and workshops featuring participants from other organisations. He urged the management committee members to continue to work hard while emphasizing the seriousness of the handing-over ceremony with its accompanying copious documentation, as an indication of a culture that helps to create institutional memory.
In his response, the Acting Chairman, Alhaji Bako, acknowledged that Mr. Nta had done a lot to project a positive image for the Commission. He noted that the achievements made Nta as Chairman ICPC, to be the first African to be appointed a Board Member of the International Anti-Corruption Academy (IACA), Vienna, Austria.
Alhaji Bako pleaded for the support of the management within the period he would act as Chairman while urging all staff to continue to be disciplined, and build on what they had learnt from the out-gone Chairman by striving for excellence.
Mr. Nta was appointed Acting Chairman, ICPC by former President Goodluck Jonathan at the swearing-in ceremony of the Commission’s Board Members in November, 2011 before he became the substantive Chairman in 2012 for a period of five years.
The Acting Chairman, Alhaji Abdullahi Bako, a current two-term Member of the ICPC Board, is a lawyer, Notary Public and Fellow of Charted Institute of Arbitration.
The Acting Chairman, who represents the North East geopolitical zone, was first appointed a Board Member of the Commission in 2009 and the appointment was renewed for a second term in 2014.
The World Health Organisation (WHO) on Tuesday, September 12, 2017 said more than 500 people have so far died in a cholera epidemic sweeping the Democratic Republic of Congo.
Dr Tedros Adhanom Ghebreyesus, Director-General of the World Health Organisation (WHO). Photo credit: AFP / FABRICE COFFRINI / Getty Images
The global health body said in a statement that outbreaks of the water-borne disease occur regularly in Congo, mainly due to poor sanitation and the lack of access to clean drinking water.
It stated that this year’s epidemic, which hit at least 10 urban areas including Kinshasa, was particularly disturbing as about 1.4 million people were displaced by violence in the central Kasai region.
The WHO said at least 528 people had died and the epidemic had spread to 20 of Congo’s 26 provinces.
It noted that “the risk of spread remains very high toward the Grand Kasai region, where degraded sanitary and security conditions further increase vulnerability in the face of the epidemic.
“So far, health officials have recorded more than 24,000 suspected cases of the disease across the vast nation this year, averaging more than 1,500 new cases per week since the end of July.”
It added that WHO sent a team of experts, including epidemiologists and public health specialists to Congo this month to contain the spread of the disease.
