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Challenges before Nigerians in accessing water, toilets by 2030 – Report

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Recently released figures reveal the scale of the challenge ahead to bring universal access to water and sanitation in Nigeria by 2030, international development organisation, WaterAid, has said.

water-vendors
Mai ruwa, or water vendors, in Makurdi, Benue State

WaterAid’s analysis of figures released in the new ‘Progress on drinking water, sanitation and hygiene: 2017 update and SDG baselines’ by the Joint Monitoring Programme – a body set up by Unicef and the World Health Organisation (WHO) to collate data on water and sanitation coverage – shows that Nigeria will only be able to deliver a community source of clean water within a 30-minute round trip to everyone by 2039.

However, the picture for sanitation is bleak with current demographic changes outstripping the provision of toilets. At current rates of progress, the report states that Nigeria will never reach the point where everyone has basic sanitation services.

This is by far the most comprehensive global assessment of WASH services produced to date, changingearlier definitions of access to water and sanitation and setting new ambitious standards for the road to universal access.The number of sources in the JMP database (used to create the estimates) has more than doubled since the 2015 report, drawing on both household surveys and national administrative data. There are also new types of data on hygiene, water/sanitation service levels, and inequalities (for wealth quintiles and sub-national regions).

Currently, according to the new figures and measuring the provision of water, sanitation and hygiene at what the JMP refers to as basic service levels, 33% of people in Nigeria do not have clean water, 67% do not have a decent toilet and 26% practice open defecation.

Accessibility, availability and quality vary widely in countries such as Nigeria, with national averages masking significant inequalities between subnational regions.

Worldwide, the latest statistics show that 839 million people – or around 11% of the global population – do not have access to clean water. This number has risen from the previous 663 million figures, largely because the 264 million who have to spend over half an hour in their round-trip to collect clean water are now deemed to only have a “limited” water service.

And 2.3 billion still do not have a decent toilet – around one in three of the world’s population.

World leaders in 2015 committed to the UN Sustainable Development Goals (SDGs) including Goal 6, which aims to make sure by 2030 that every household in the world has its own tap and toilet delivering safe water and safe sanitation – a standard known as “safely managed”. This is a new level of ambition, building on the achievements of the Millennium Development Goals.

Earlier definitions of access to clean water required only that a person would be deemed to have clean water if they had access to a water source that was built to protect the water from contamination, such as a pump or a covered well. With this new set of definitions, the United Nations has set the vision higher – for every household to have its own water source available when needed, and which is regularly tested to make sure it is safe. Toilets will need to be private and part of a system that makes sure they are regularly emptied, as with an effective sewage system or latrine emptying scheme. Currently only 19% of people in Nigeria have a safely managed water supply whilst there is insufficient data currently available as to how many have that level of sanitation service.

WaterAid is fully behind the vision and ambition of the United Nations to ensure that everyone achieves the human right of safe water and toilets. However, WaterAid cautions that achieving this standard of coverage will require a revolution in approach from decision-makers at grassroots level right through national governments and up to international organisations such as the United Nations and World Bank.

WaterAid Nigeria Country Director, Dr Michael Ojo, said: “The fact that so many of the world’s population still have to exist without access to the essentials of life – clean water and a decent toilet – is shameful. There is clear consensus on the transformative power of those services – we know for example that for every £1 spent, there is a £4 boost to the economy.

“We know for instance that women live more fulfilling and productive lives when they are freed from the daily burden of fetching water, water that is more often than not contaminated and will make their families sick and deprive them of yet more resources – time and money. We know that children are more able to concentrate on their lessons when they can get a clean drink of water and go to the toilet. We know that if people are able to wash their hands, they help stop the spread of germs in their community.

“If the world galvanised to make sure that no one ever had to worry about where to get a drink, or go to the toilet or wash their hands, we could save the lives of so many of the 289,000 children under five who now die each year from diarrhoea linked to dirty water or lack of sanitation.

“The United Nation’s vision of working taps, toilets and hand basins for every household by 2030 is absolutely the right goal because it will truly transform lives. But we have only another 13 years to get there which means that all of us, across government, civil society, water and sanitation companies and in every community must work with passion, grit, generosity and vision to bring this historic moment to pass.”

 

Top 10 worst countries in the world for at least basic sanitation
Country At least basic sanitation (% population) Year reaching 100% coverage
1 Ethiopia 7 2370
2 Chad 10 Never (decreasing)
3 Madagascar 10 2281
4 South Sudan 10 2123
5 Eritrea 11 2347
6 Niger 13 2203
7 Benin 14 2341
8 Togo 14 2449
9 Ghana 14 2428
10 Sierra Leone 15 2302

 

Top 10 worst countries in the world for at least basic access to water
Country At least basic water access (% population) Year reaching 100% coverage
1 Eritrea 19 2507
2 Papua New Guinea 37 Never – decreasing
3 Uganda 39 2118
4 Ethiopia 39 2056
5 Democratic Republic of Congo 39 2239
6 Somalia 40 2062
7 Angola 41 2289
8 Chad 43 2259
9 Niger 46 2119
10 Mozambique 47 204

One in 10 infants didn’t receive vaccinations in 2016 – UN

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Worldwide, 12.9 million infants, nearly one in 10, did not receive any vaccinations in 2016, according to a recent World Health Organisation (WHO) and United Nations Children’s Fund (UNICEF) immunisation estimates. This means, critically, that these infants missed the first dose of diphtheria-tetanus-pertussis (DTP)-containing vaccine, putting them at serious risk of these potentially fatal diseases.

Polio
Polio immunisation in Nigeria. Photo credit: comminit.com

Additionally, an estimated 6.6 million infants who did receive their first dose of DTP-containing vaccine did not complete the full, three dose DTP immunisation series (DTP3) in 2016. Since 2010, the percentage of children who received their full course of routine immunisations has stalled at 86% (116.5 million infants), with no significant changes in any countries or regions during the past year. This falls short of the global immunisation coverage target of 90%.

“Most of the children that remain un-immunised are the same ones missed by health systems,” says Dr Jean-Marie Okwo-Bele, Director of Immunisation, Vaccines and Biologicals at WHO. “These children most likely have also not received any of the other basic health services. If we are to raise the bar on global immunisation coverage, health services must reach the unreached. Every contact with the health system must be seen as an opportunity to immunise.”

Immunisation currently prevents between 2–3 million deaths every year, from diphtheria, tetanus, whooping cough and measles. It is one of the most successful and cost-effective public health interventions.

 

Global immunisation coverage levels

According to the new data, 130 of the 194 WHO Member States have achieved and sustained at least 90% coverage for DTP3 at the national level – one of the targets set out in the Global Vaccine Action Plan. However, an estimated 10 million additional infants need to be vaccinated in 64 countries, if all countries are to achieve at least 90% coverage. Of these children, 7.3 million live in fragile or humanitarian settings, including countries affected by conflict. 4 million of them also live in just three countries – Afghanistan, Nigeria and Pakistan – where access to routine immunisation services is critical to achieving and sustaining polio eradication.

In 2016, eight countries had less than 50% coverage with DTP3 in 2016, including Central African Republic, Chad, Equatorial Guinea, Nigeria, Somalia, South Sudan, Syrian Arab Republic and Ukraine.

Globally, 85% of children have been vaccinated with the first dose of measles vaccine by their first birthday through routine health services, and 64% with a second dose.

Nevertheless, coverage levels remain well short of those required to prevent outbreaks, avert preventable deaths and achieve regional measles elimination goals.

Some 152 countries now use rubella vaccines and global coverage increased from 35% in 2010 to 47% in 2016. This is a big step towards reducing the occurrence of congenital rubella syndrome, a devastating condition that results in hearing impairment, congenital heart defects and blindness, among other life-long disabilities.

Global coverage of more recently-recommended vaccines are yet to reach 50%. These vaccines include vaccines against major killers of children such as rotavirus, a disease that causes severe childhood diarrhoea, and pneumonia. Vaccination against both these diseases has the potential to substantially reduce deaths of children under five years of age, a target of the Sustainable Development Goals (SDGs).

Many middle-income countries are lagging behind in the introduction of these newer and more expensive vaccines. These countries often do not receive external support and their health budgets are often insufficient to cover the costs of procuring these vaccines.

Inequities in immunisation coverage

National coverage estimates often mask large inequities in coverage within countries. The WHO report, State of inequality: Childhood immunisation, highlights inequalities in childhood immunisation coverage in low- and middle-income countries over the past 10 years. The report shows that global improvements have been realised with variable patterns of change across countries and that there is generally less inequality now than 10 years ago.

These findings were reinforced by a recent UNICEF study, which emphasised the cost effectiveness of investing in the poorest, most marginalised communities.

“Immunisation is one of the most pro-equity interventions around,” says Dr Robin Nandy, Chief of Immunisations at UNICEF. “Bringing life-saving vaccines to the poorest communities, women and children must be considered a top priority in all contexts.”

Efforts to reduce inequalities related to household economic status and mother’s education are needed in many countries if immunisation coverage is to be improved. Additionally, more than half of the global population resides in urban areas, including in rapidly growing slums in Africa and Asia. The urban poor is a group at high risk of being un- or under-immunised.

For the first time, WHO and UNICEF have collected disaggregated data on immunisation coverage at the subnational level. Of 194 reporting countries, 125 reported on subnational coverage, covering nearly 20 000 districts and roughly two-thirds of the global infant population. These data will help shed more light on geographical disparities in access to vaccines.

Since 2000, WHO and UNICEF jointly produce national immunisation coverage estimates for each of the 194 WHO Member States on an annual basis. In addition to producing the immunisation coverage estimates for 2016, the WHO and UNICEF estimation process revises the entire historical series of immunisation data with the latest available information. The 2016 revision covers 37 years from 1980 to 2016.

Nigeria’s oil revenue savings among world’s lowest, says NEITI

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The Nigeria Extractive Industries Transparency Initiative (NEITI) has said that the time is now for the country to embrace fully a robust policy to save portion of oil and gas revenue for the rainy day and for the next generation.

Waziri-Adio
Executive Secretary of NEITI, Waziri Adio

The urgent measures that need to be taken include the immediate transfer of all revenue savings in the stabilisation fund and the Excess Crude Account into the Nigeria Sovereign Wealth Fund.

In an Occasional Paper titled “The case for a robust oil savings fund for Nigeria”, NEITI alerted the nation that a national consensus on saving for tomorrow has become urgent to prepare the country to overcome frequent commodity price volatility and depletion of non-renewable resources.

NEITI in the paper highlighted that portions of mineral resource revenues that are excluded from the national budget and held as part of a country’s reserve can greatly enhance a country’s capital balances, attract greater investors’ confidence and significant flow of foreign capital into the economy. These funds also support the provision of critical infrastructure and social interventions during major national emergencies.

Presenting the occasional paper at a press conference in Abuja, Tuesday, the NEITI Executive Secretary, Waziri Adio, lamented that in spite of these benefits and the huge revenues that have accrued from oil and gas over the years, Nigeria has one of the lowest natural resource revenue savings in the world.

Nigeria currently has three oil savings funds. They are the Sovereign Wealth Fund with $1.5 billion, the Excess Crude Account with $2.3 billion and the stabilisation fund with N29.02 billion ($95 million). In the last 40 years of oil production, Nigeria has extracted about 31 billion barrels of its oil reserves. However, from 1980 to 2015, the country exported crude oil worth about $1.09 trillion, but has a current balance of $3.9 billion as at June 2017 in the three funds.

The NEITI Occasional Paper remarked that these “different oil revenue saving funds should be consolidated and the legal framework harmonised. Specifically, the 0.5% Stabilisation Funds and the Excess Crude Account (ECA) should be merged with the Sovereign Wealth Fund, as this multiplicity of savings funds with different rules has led to uncoordinated and widespread extra-budgetary spending. Apart from depleting the savings in each fund, such unrestricted spending defeats the purpose for which the funds were set up in the first place which is to shield the economy from revenue volatility”.

According to the Paper, Nigeria did not save enough oil revenues to sustain economic activities when oil prices began to “tank” in June 2014. “Also problematic is the level of consumption relative to non-oil exports. Nigeria typically responds to high oil prices with equally high, but manifestly unsustainable, level of consumption. The absence of sufficient savings left Nigeria severely exposed when the price of oil, Nigeria’s main source of government revenues and foreign exchange, started to plunge in 2014,” the NEITI Occasional Paper explained.

NEITI expressed regret that the $1.5 billion currently in the Sovereign Wealth Fund is one of the World’s worst ratio to annual budget (10%), and one of the lowest Sovereign Wealth Fund per capital ($8) globally.

From the Occasional Paper, NEITI provided some global comparisons among other resource rich countries. “Norway, a country of 5.2 million people has a sovereign wealth fund worth $922 billion, Chile $24.1 billion, Angola $4.6 billion and Botswana $5.7 billion. Others are Russia $89.9 billion and Kuwait $592 billion.

Country Name of the fund Year est. Current size of the fund (in billions) Population of the country in millions
Norway Stabilisation Savings fund 1990 922.1 5.2
Chile Stabilisation/Pension fund 2007 24.1 18.1
Angola Savings/Development 2012 4.6 25.8
Botswana Stabilisation/Savings 1994 5.7 2.3
Russia Stabilisation, Saving 2008 89.9 143.4
Kuwait Stabilisation, Savings 1953 592 4.0
Nigeria Stabilisation,Savings, Devt 2012 1.5 186.9

Sources: SWF Institute (fund size); countries’ ministries of finance (budget); UN Department for Economic and Social Affairs (population); extant legislation for respective funds (fiscal rules)

The NEITI Executive Secretary recalled that the National Economic Council conducted a study in 2015 which revealed that inflow to the Excess Crude Account (ECA) between 2005 and 2015, was $201.2 billion while outflow was $204.7 billion, indicating that the amount withdrawn from the account exceeded the amount that was transferred into the account for the period.

Adio said: “Our paltry oil savings defeat the rationale for having such savings in the first place. Nigeria does not have enough oil savings to finance even a fifth of a year’s budget at the federal level, not to talk of having enough for investments or for the future generation.”

NEITI called on the federal and state governments to seek speedy resolution of the pending case at the Supreme Court on oil revenue savings.

The Occasional Paper recommended that government should “Initiate amendment to Section 162 of the constitution to accommodate the welfare of future generations….the constitutional option is necessary to ensure that the ‘rules are not subject to political fluidity’. The negotiations need to be complemented with appropriate guarantees for transparent and accountable governance of the funds to reassure stakeholders especially at the sub-national level”.

The Paper also recommended the need to delink government expenditure from oil revenues to support policy initiatives that pursues prudent macro-economic policies, better economic and social environment for the next generation. This is in addition to ensuring that there is constant savings whether oil prices are high or low and provide regular payouts from the returns on investments of the funds to compensate beneficiaries (the three tiers of government) for their sacrifice.

These measures, NEITI posits, have to be implemented as soon as possible because, even though the country has lost 50 years’ worth of savings from its oil revenue, Nigeria does not have 50 years left to prepare for life after oil revenue.

Adio maintained that Nigeria needs to “move urgently from our present spend-it-all or even save – and- spend attitude to a real savings culture, otherwise we will continue to be vulnerable to the volatility of oil prices and the eventual depletion of our oil reserves.”

The NEITI Occasional Paper, the second in the series, is one of the new products recently introduced by NEITI in the exercise of its mandate. This value addition is to support the on-going economic reforms of the present administration through research, knowledge sharing and evidence based analysis of extractive revenue management issues.

How Aluko, Omokore allegedly laundered $1.7bn

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Court papers in Lagos have detailed how oil businessmen, Kolawole Akanni Aluko and Jide Omokore, laundered some $1.7 billion through oil swap transactions between them and the Nigeria National Petroleum Corporation (NNPC), during the tenure of Diezani Alison-Madueke as Petroleum minister.

Aluko_Omokore
Kolawole Aluko and Jide Omokore

The documents, which are filed in a Lagos court, have provided what appear to be the most insightful details yet into how the entire money was laundered.

According to an affidavit sworn at the Federal High Court, Lagos by Isaac Kehinde Oginni, a lawyer in the Federal Ministry of Justice, both Aluko and Omokore lifted and sold allotted Nigeria’s crude oil. While they were paid for their service, they deliberately diverted to private use, what was due to the Federal Government and the people of Nigeria, in the sum of $1,762,338,184.40.

According to the court papers, they bought vehicles with a combined value of over N800 million and donated them to the Peoples Democratic Party (PDP) through its then National chairman, Prince Uche Secondus.

They also bought vehicles valued at over N130 million and gave them as gifts to former Minister of Petroleum, Mrs. Alison-Madueke, and some other management staff of Nigerian Petroleum Development Company (NPDC).

Aluko paid $18,548,619.99 and N1,070,000,000 to FBN Mortgages Limited as part payment for Block A consisting of 26 Flats at 46 Gerrard Road, Ikoyi, Lagos. The block was bought for a total cost of N5,210,520,315.

“Payment of a total sum of $25,839,606.77and N95,000,000 was made to Real Bank for the purpose of part financing the acquisition and renovation of properties by the Atlantic Energy Drilling Concepts Nigeria Limited (AEDC) and Atlantic Energy Brass Development limited (AEBD).

“The Properties are Mason apartments at 6 Gerrard Road Ikoyi Lagos comprising 60 units of 3 bedrooms apartment valued at $78,000,000, Marion apartments Block 8 located at 4 & 5,Onikoyi Estate, Banana Island, Ikoyi, Lagos consisting of 43 units of apartments valued at $76,160,000, apartments at 33A Cooper Road Ikoyi, Lagos renovated at a total cost of $4,937,750, Admiralty Towers at 8 Gerrard Road Ikoyi, Lagos, which was also renovated.

“The two businessmen also transferred $69,912,981.15 to the following companies, Mia Hotels Limited, First Motors Limited, V.I. Petrochemicals, Evergreen Reality & Management, WIz Trade limited, DE First Union Integrated Services and Amity Plus limited,” the deponent swore.

Mr Ogini also averred that Kolawole Aluko literally took residence outside the shores of Nigeria, to embark on a spending spree and assets acquisition in Britain, Canada, United States and Switzerland.

Among the assets acquired were houses at Grove End Road, London NW; 755 Sarbone Road, Los Angeles; 952 North Alpine drive Los Angeles; 815 Cima Del Mundo. He also bought land at 807 Coma Del Mundo in Los Angeles.

Aluko also bought houses or apartments at 1049 Fifth Avenue, New York, 1948 & 1952 Tolls Avenue, Santa Barbara, 157 West 57th St, New York , 4100 Let Revenge, Dubai. In Nigeria, he bought Avenue Towers in Lagos. He also bought a piece of land in Mont Tremblat, Canada and a property at Colina D’oro Montagnola, Switzerland.

After hiding his loot in many assets, he also bought the luxury $80million yacht, the Galactica Star, 58 exotic cars, expensive watches, private jets, Global Express S5-GMG and a Bombardier Global 6000 9H-OPE.

Cash found in his bank accounts, according to documents before the court are LDT Switzerland – $25million, Corner Bank, Lugano, Switzerland – $1million, Deutsche Bank, Geneva – $40million, HSBC London – $175,000.

He also had 75 percent shareholding in Atlantic Energy Drilling concepts Nigeria and Atlantic Energy Brass Development and 10 percent Shareholding in Seven Energy.

The case came before Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos on Friday, July 14, 2017 incidentally the same day the US Justice Department filed a forfeiture bid at a court in Houston.

Oguntoyinbo adjourned hearing till September 29, 2017 to decide whether to stay proceeding in line with an application filed by the defendants or continue with the case.

The Federal Republic of Nigerian and two of its agencies are the plaintiffs and they are ranged against Aluko and Jide Omokore’s Atlantic Energy Drilling Concepts Nigeria Limited (AEDC) and Atlantic Energy Brass Development Limited (AEBD). The Nigerian government wants to recover $1.76 billion from the businessmen and their companies.  Omokore is the chairman of the companies, while Kolawole Aluko is a Director.

Apart from Aluko and Omokore’s application, a limited liability company, Virtual Properties and Investment Limited, has also filed another application as an intervener.

The company is urging the court to discharge or vary its order, as it relates to Marion Apartments, on the ground that the property located at Block 8 Plots 4 & 5 Onikoyi Estate, Banana Island, Ikoyi consists of 56 apartments owned and developed by the intervener.

By virtue of two separate deeds of sublease, the intervener said it conveyed its interest in 43 out of the 56 apartments to Realblanc Energy Engineering limited, an affiliate of the defendants.

The intervener contends that it still retains ownership of 13 out of the 56 apartments in Marion Apartments. It says that the order of the court is prejudicial to its interest and interferes with its right ownership over these flats.

Last year, the Nigerian government had frozen the accounts of the defendants in 19 banks in Nigeria and eight offshore banks.

This was sequel to the affidavit deposed by Oginni of the Federal ministry of Justice in Abuja and filed by a Lagos lawyer Oladipo Okpeseyi (SAN).

By Chinyere Obia

FRSC decries incessant attacks on personnel

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The Federal Road Safety Corps (FRSC) Corps Marshal, Dr. Boboye Oyeyemi, has condemned what he terms unprovoked attacks and molestation of operatives of the Federal Road Safety Corps on the highways and vowed to prosecute all those involved.

Boboye
Road Safety Corps marshall, Boboye Oyeyemi. Photo credit: premiumtimesng.com

According to Bisi Kazeem, Corps Public Education Officer, FRSC, the Corps Marshal’s response came on the heels of the recent shooting of two FRSC staff and the detention of another in a Police facility in Abia State.

The Corps Marshal stated, “Many road users are abusing the civility of the unarmed personnel that are trained to be cautious while discharging their legitimate duties. In the past, many FRSC operatives had been abducted, killed, assaulted, ran over, threatened and shot. It is also disheartening that some of the attackers misinformed the unsuspecting public by releasing manipulated information to gain public sympathy. Attempts are often made to make the aggressors looked like the victims.”

The Corps Marshal said the FRSC remains the nation’s lead agency on road traffic administration and safety management empowered to arrest and prosecute erring motorists. He added, “Section 10 (4) of the FRSC (Establishment) Act, 2007 states categorically that members of the Corps shall have powers to arrest and prosecute persons reasonably suspected to have committed any traffic offence. Resistance based on ignorance of the law or impunity can no longer be grounds to attack operatives carrying out their lawful duties. We will definitely not abdicate our statutory responsibilities.”

 

Abia (15/717)‎

On the Abia case where our men were shot, the FRSC Corps Marshal said, “While we commend the Abia State Police Commissioner for swiftly directing the arrest and orderly room trial of the Policemen who shot the FRSC staff at Aro Ngwa along the Enugu – Port Harcourt expressway last Saturday, the Corps is deeply saddened by the shooting.

It is also greatly concerned that the two young men were abandoned with their gun wounds by the Policemen attached to the wife of the Speaker, Abia State House of Assembly who shot them. Obviously, they were left to die at the scene by these Policemen who are also employees of government.

He thanked the road users that assisted the two injured and abandoned staff to the hospital, adding that he hoped the two victims, who are still been treated, will not suffer life-threatening injuries.

 

FCT (12/7/17)

The Corps Marshal also recalled the case in the Federal Capital Territory (FCT), Abuja, where an investigating panel revealed that a patrol team flagged down a driver for routine checks. When his car was to be impounded for running foul  of traffic laws, a female staff was attached to the offender’s vehicle to accompany the vehicle to a nearby FRSC office for other necessary processes as contained in the operational procedure to be effected, the driver sped away with the female staff.

A patrol team, obviously concerned about the motive of the fleeing driver, had to apply force to rescue the female operative. The manipulated video which the suspect released afterwards only told one side of the story. The Corps is determined to follow through with the suspect’s prosecution as a deterrent.

 

Jigawa (14/7/17)

The case in Jigawa was also pathetic. An FRSC patrol team was carrying out its legitimate duties along the Kiyawa-Dutse Road in Jigawa State when a team of the National Union of Road Transport Workers (NURTW) officials challenged the team for daring to check vehicles for excessive overloading and installation of the Speed Limiting Devices.

They allegedly not only set the FRSC patrol vehicle ablaze but aso badly damaged another vehicle. The FRSC office was also destroyed by the rampaging NURTW officials.

The Jigawa incident resulted in fatality as one person was killed and several others injured.

 

Oyo (15/7/17)

It will also be recalled that an FRSC personnel in Oluyole Unit Command, Oyo State was almost strangled to death by a driver who was accosted for contravening traffic laws. The Corps has turned down the plea for out-of-court settlement by the now sober attacker.

The Corps Marshal said that all the attacks had been collated, well documented and would be brought to the attention of all the relevant arms of government for necessary action. Enough, he said, was enough.

Meanwhile, the Corps Marshal has assured all staff that the Corps would not leave any stone unturned to prosecute all those involved in the recent spate of attacks. He also said additional steps were being taken to further protect staff performing their legitimate duties and asked them to continue to discharge their duties without fear or ill-will.

“The hall mark of gallant operatives is never to be deterred by negative influences but focused in the commitment to service for the sake of posterity,” Oyeyemi added.

He appealed to all sister security operatives and the general public to always come to the aid of the Marshals when they are under threat.

“If the laws are not strictly enforced,” he said, “road safety becomes the first casualty. Nobody knows the next victim.”

Appeal Court upholds conviction of foreigners for oil theft

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An Appeal Court, Lagos Division on Monday, July 17, 2017 upheld judgment of a Federal High Court, in Lagos, which had earlier sentenced nine foreigners to five years’ imprisonment for theft of crude oil from Nigeria.

oil-installation
Fossil fuel infrastructure: oil installation

The convicts are Axel Jabone, Zahirul Islam, Juanito Infantado, Suarin Alave, Gatila Gadayan, Islam Shahinul, Islam Rafiqul, Shaikh Nomany and Rolando Comendador.

The three-man panel of Justices comprising Hussein Mukhtar (presiding), M. L. Shuaib and Frederick Oho also dismissed the twin appeals of the appellants for lack of merit.

Also, Justice Oho resolved all the issues in favour of the Economic and Financial Crimes Commission (EFCC).

“All the issues are resolved against the appellants. The appeal is manifestly unmeritorious and is hereby dismissed for lacking in merit,” he held.

On December 15, 2015 the lower court convicted the foreigners – five Filipinos and four Bangladeshi – of stealing 3,423.097 metric tonnes of crude oil. Thereafter, Justice Ibrahim Buba gave each of them an option of N20 million fine and said “it was the likes of the convicts, who were arrested by the Navy on March 27, 2015, that gave Nigeria a bad name”.

The EFCC tried them on four counts of illegal dealing in petroleum products.

Counsel to EFCC, Rotimi Oyedepo, said the foreigners violated Section 1(19) (6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004, an offence punishable under Section 17 of the same Act.

By Chinyere Obia

Electricity hike suit for retrial

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The Court of Appeal in Lagos has ordered the Chief Judge of the Federal High Court to re-assign a suit on electricity tariff to a new judge for adjudication.

Electrical installations
Electrical installations

The appeal court held that Justice Mohammed Idris, who heard the case, violated the appellant’s right to fair hearing and thereby committed “a grave error”.

Activist-lawyer Toluwani Adebiyi sued the Nigerian Electricity Regulatory Commission (NERC) over planned increase in electricity tariff.

The judge made an interim order that status quo be maintained. The order, in effect, barred NERC from increasing the tariff.

But NERC, through its lawyer Chief Anthony Idigbe (SAN), filed a motion on notice seeking to discharge the interim order.

Justice Idris, in his ruling, dismissed NERC’s application for being filed outside the seven days prescribed by the court’s rules.

The judge similarly dismissed NERC’s preliminary objection on the basis that it was also filed out of time.

Dissatisfied, the commission appealed, challenging Justice Idris ruling.

Delivering judgments in the appeals yesterday, Justice Abraham Georgewill held that Justice misused his powers of discretion.

The appeal court held that Justice Idris “approbated and reprobated” when he heard NERC’s application to regularise its processes, and still set aside the appellant’s motion to discharge the interim order.

Justice Georgewill said Justice Idris relied on technicality in denying NERC of fair hearing, thereby occasioning a miscarriage of justice.

“The trial court accorded undue reverence and relevance to technicality. The era of technical justice is gone in our courts. Substantial justice is key,” the justice said.

Holding that NERC’s motion on notice seeking to discharge the ex-parte order was competent, Justice Georgewill held: “A breach of right to fair hearing renders the entire proceedings a nullity.”

He further held that Justice Idris “engaged in injudicious and capricious exercise of discretion, which is a flagrant breach of Section 36 of the 1999 Constitution”.

“This is a clear case of travesty of justice to hear the plaintiff’s case after striking out the motion on notice to discharge the order. The law should take its cause. The court below failed to observe the principle of fair hearing which is a rule of natural justice.

“The right to fair hearing is not a cosmetic right. It is a fundamental right. While justice need not be delayed, it need not be rushed.

“The appeal hereby succeeds. The case is consequently remitted to the lower court for another judge to determine the case as may be assigned by the Chief Judge.

“Going by the grave error of the court below, the motion on notice is remitted for same to be heard and determined expeditiously. The appeal has merit. The entire proceedings of the lower court are hereby set aside. There shall be no order as to court.”

The appeal court also upheld appeals by NERC and Distribution Companies (DISCOs) challenging the dismissal of its preliminary objection.

It, however, dismissed an appeal filed by Zikglass Networks Ltd, describing the company as a “meddlesome interloper”.

“That a person is a party to a suit does not mean he has the right to appeal a decision which has not affected him. That will be a mere academic exercise. This is a needless appeal which did not raise any question for determination.

“The appeal is completely an abuse of court process and is hereby dismissed,” the judge held.

By Chinyere Obia

Basketball: D’Tigers draws DR Congo, Mali, Cote d’lvoire

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Nigeria’s Senior Men Basketball team, D’Tigers, has been drawn in Group A of the FIBA/Afro Basketball 2017 competition, scheduled for Senegal and Tunisia, from September 8 to 16, 2017.

D'Tigers
FIBA/Afro Basketball defending champions, D’Tigers

According to FIBA Africa, defending champions Nigeria is drawn alongside DR Congo, Mali, and Cote d’lvoire.

The official draws for the competition took place in Mauritius at the weekend.

Group B of the competition has Angola, Central African Republic, Morocco and Uganda, while Group C has co-host Tunisia as well as Guinea, Rwanda and Cameroon.

The other host country Senegal has been drawn in Group D, which has Mozambique, Egypt and South Africa.

The group stage of the competition will take place simultaneously in Dakar and Tunis from September 8 to10.

Teams drawn in Groups A and C will be hosted in Dakar, while Tunis will host Groups B and D.

The Tunisian capital city will go on to host matches from the quarter-finals, semi-finals and final from September 14 to16.

The draw ceremony also served as the unveiling of the newly designed FIBA afro Basketball trophy.

In a related development, Houston Rockets financier, Lesley Alexander, has said the NBA Club is for sale.

The billionaire businessman bought the club before the start of 1994 season for a reported $85 million and was recently valued at $1.65 billion by Forbes.

Rockets CEO, Tad Brown, said the weight of ownership has taken its toll on Alexander who wants to focus more of his time and energy on philanthropic efforts and family.

Rockets won back-to-back titles in 1994 and 1995 with Nigerian-born Akeem Olajuwon, finished last season with a third best record in the Western Conference, but on the line for their championship ambitions by signing Tim Harden to a contract extension, earlier this month that would be $228 billion over the next six seasons.

By Felix Simire

Philip Morris exposé: Government urged to probe delegation to tobacco treaty talks

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The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) has demanded the Nigerian government institute a probe of members of the Nigerian delegation that attended the seventh session of the Conference of Parties (COP7) to the Framework Convention on Tobacco Control which held in Delhi in 2016 to establish their links with the tobacco industry.

WHO- FCTC CoP7
An event during the Seventh Session of the Conference of the Parties (COP7) to the World Health Organisation (WHO) Framework Convention on Tobacco Control (WHO- FCTC) held in India

ERA/FoEN made the call following a Reuters investigation released on Thursday, July 13, 2017 which revealed that Philip Morris International (PMI) has for years run a secret global campaign to undermine the World Health Organisation Framework Convention on Tobacco Control (WHO-FCTC). The ERA/FoEN stated that tobacco industry lobbyists among government delegations at the treaty talks nearly marred debates with questionable suggestions.

The Reuters leak revealed, among others, that PMI strategy of undermining tobacco control policies includes lobbying lawmakers, bureaucrats and other government officials; trying to move tobacco issues away from health departments and; deploying third parties, including retail groups, to make its case and exert pressure on decision-makers. Another strategy is engaging the media on tobacco issues and generating public debate to influence decision-makers.

In the report, Reuters exposed how a Nigerian delegate at the treaty talks asked that “tobacco epidemic” be removed from a draft proposal on liability for tobacco-related harm, a position that most countries found very shocking. Head of the Nigerian delegation, Professor Christiana Ukoli, subsequently disassociated other Nigerian delegates from that statement.

The Reuters leaks, which might be considered the largest on the tobacco industry, perused internal documents of PMI and showed details of the company’s operations, including clandestine corporate lobbying campaign.

In a statement issued by ERA/FoEN head, media & campaigns, Philip Jakpor in Lagos, the group said: “We are not at all shocked at these grave activities of PMI because we have all along alerted that the company is in the business of stymieing the implementation of the life-saving WHO-FCTC provisions. The magnitude is what we never knew. This is very alarming.”

ERA/FoEN Deputy Executive Director, Akinbode Oluwafemi, said: “That PMI infiltrated multiple countries’ delegations to consciously derail the talks is very disturbing, but to know that some Nigerian delegates may have been conscripted into this illicit plan is an eye-opener. It also reinforces our demand that the Nigerian government insulate the National Tobacco Control Act from tobacco industry interference.”

Oluwafemi explained that the shocking details in the report puts in perspective a host of issues, including the controversial demand from certain quarters that the implementation of the NTC Act be moved from the Federal Ministry of Health to another agency of government.

“One of the documented strategies of PMI is to try to move tobacco issues away from health departments. That is exactly what the spurious Amendment Bill on the NTC Act is recommending in contravention of global practice. Now the picture is getting clearer,” he noted.

The ERA/FoEN boss urged the Nigerian government to probe possible links between members of the delegation to the treaty talks with the tobacco industry, and also accord equal speed to fast-tracking regulations for implementing the NTC Act as is anticipated of the planned enforcement of nine provisions of the Act that do not require regulations.

“The federal government cannot be docile in the face of such evidence. Some public officials may be working hand-in-hand with PMI to thwart the implementation of tobacco control policies. If this is confirmed they and their partner PMI must be sanctioned. The Nigerian government must now institute the much-awaited probe of those behind the shameful display at the treaty talks,” Oluwafemi insisted.

IPCC fixes date for review of global warming report

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The expert review of the first order draft of the Intergovernmental Panel on Climate Change (IPCC) Special Report on “Global Warming of 1.5ºC” (SR15) will take place from July 13 to September 24, 2017.

Valérie Masson-Delmotte
Valérie Masson-Delmotte, Co-Chair of Working Group I, IPCC

The IPCC has called on Expert Reviewers to register for the event from Monday, July 17, 2017 until one week before the end of the review period.

Experts from around the world will provide scientific comments to the author team of the report: “Global Warming of 1.5 °C: an IPCC special report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty”.

“The quality of the IPCC assessment strongly depends on the contribution made by Expert Reviewers from all over the world”, says Valérie Masson-Delmotte, Co-Chair of Working Group I. “We solicit experts to join us in this review effort, including early career scientists, as an opportunity to participate in the IPCC process and contribute directly to the preparation of the special report.”

All IPCC reports go through two stages of formal review. The first draft is evaluated by Expert Reviewers, before a second draft is reviewed by both governments and experts for final assessment. This comprehensive review process ensures that IPCC reports cover the most up to date scientific, technical and socio-economic findings, and are representative of a broad range of independent expertise from developed and developing countries.

Expert Reviewers are invited to comment on the report to achieve a comprehensive, exhaustive, objective and transparent assessment of the available scientific literature. Contributions to the Expert Review are acknowledged once the report is finalised.

To register as an Expert Reviewer, a self-declaration of expertise is required, says the IPCC, adding that once the registration is complete, reviewers are requested to respect the confidentiality of the draft that is provided solely for the purpose of the review. The drafts may not be cited, quoted or distributed, noted the IPCC.

“Global Warming of 1.5ºC” will be finalised in September 2018 and is being prepared in response to an invitation from the 21st Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change (UNFCCC) in December 2015. The Panel approved the outline of the report in October 2016.

 

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