The Police on Tuesday, August 8, 2017 arraigned three men before a Federal High Court in Lagos for allegedly defrauding the Speaker of the Lagos State House of Assembly, Mudashiru Obasa, off the sum of N9.188 million.
Mr Mudashiru Obasa, Speaker, Lagos State House of Assembly
The three men, Frank Nwokobia, 27, Ezeoke Kanayochukwu, 25, and Godwin Essien, 28, were arraign before Justice Chuka Obiozor, on a five-count charge bordering on conspiracy, impersonation, identity theft and fraud.
The three defendants, who were arrested at different locations in Delta State, according to the prosecutor, William Olu Ologun, had sometime in May 2017, hacked the Facebook account of the Speaker of the Lagos State House of Assembly and retrieved several information which they used in withdrawing the sum of N9.188 million from his account domiciled with Guaranty Trust Bank (GTB) Plc.
He informed the court that the three defendants were arrested after the complainant petitioned the police that his Facebook account had been hacked and that the sum of N9.188 million had been withdrawn from his account by unknown individuals.
He also stated that, upon the arrest of the defendants, they voluntary made statement to the offence.
The offences, according to the prosecutor, are contrary to sections 27(1)(b) and 22(2)(b)(ii) of Cybercrimes Prohibition and Prevention Act, 2015.
The three defendants pleaded not guilty to the charges.
Upon their not guilty pleas, their counsel, Mr. Ali Abba, pleaded the court to admit his clients bail in liberal terms.
Ali told the court that his clients have credible sureties, and that they will always attend court for their trial.
Ruling on the bail application, Justice Obiozor admitted the defendants to bail in the sum of N5 million with one surety each.
The judge ordered that the surety who must be recommended by the defendants’ counsel must be resident of Lagos State, with landed property and three-year tax payment evidence.
The judge also stated that the court’s Deputy Chief Registrar (DCR) must verify the landed property title documents and tax papers.
Justice Obiozor also ordered that the three defendants be remanded in Ikoyi Prison pending the perfection of their bail conditions.
The Nigeria Extractive Industries Transparency Initiative (NEITI), the Nigeria Sovereign Investment Authority (NSIA) and the National Orientation Agency (NOA) have agreed to work together in the areas of oil revenue savings and promotion of better attitude to public office.
Executive Secretary of NEITI, Waziri Adio
The agencies reached the agreement at separate meetings with NEITI Executive Secretary, Waziri Adio. The meetings focused on exploring areas of inter-agency mutual cooperation. Mr Adio explained that while the NSIA manages the Sovereign Wealth Fund derived from extractive revenues, the NOA leads national campaign for attitudinal change and ethical values in the country.
At the meeting with the management of Nigeria Sovereign Investment Authority, the NEITI Executive Secretary expressed regrets that “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 the fifth of a year’s budget at the federal level, not to talk of having enough for investments or for the future generation”.
The Occasional Paper recently released by NEITI, largely focused on the “Case for a Robust Oil Savings Fund for Nigeria”. In the publication, NEITI drew public attention to the fact that Nigeria failed to save enough oil revenues to sustain economic activities when oil prices were quite high.
According to the paper, “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 researched publication largely touched on the work of NSIA, the managers of Nigeria Sovereign Wealth Fund. The Executive Secretary however explained to the management of NSIA that NEITI’s decision to alert the nation on the need to save for the rainy day through that publication was informed by the need for the country to prepare adequately for frequent price volatility, depletion of non-renewable resources and for the future of the next generation. It was also NEITI’s intention to table the issue of oil revenue savings as a national agenda for purposes of prudent management of the country’s oil and gas revenues for national development and the next generation.
The Executive Secretary reiterated that the Occasional Paper released recently by NEITI was within its legitimate mandate as an agency charged with the responsibility of ensuring prudent management of revenues derived from natural resources. He clarified that in carrying out this function, NEITI focused mainly on Nigeria’s strategic interest and not necessarily on the work of any agency including the NSIA. He however commended the NSIA for finding the publication valuable which perhaps influenced the visit to NEITI.
In his remarks, the Managing Director of NSIA, Dr Uche Orji, commended the NEITI for taking the initiative to produce the Occasional Paper. He said the paper has helped the NSIA to tell its own story in an independent manner. According to Dr. Uche Orji, “NEITI has a voice that resonates with policy makers and its other stakeholders. We found the publication exceptional and commendable”.
The NSIA boss applauded the fact that the report was produced without the inputs of his agency. He described the recommendations in the publication as very succinct and apt. “We are here to ask for closer collaboration between the NSIA and NEITI in the discharge of our individual mandates while working together for the common good of our country,” Uche Orji added.
The NSIA Managing Director used the opportunity to brief the NEITI management on what his agency has achieved so far, the prospects of on-going projects and unfolding challenges. In his words “the Authority was set up to receive, manage and invest in a diversified portfolio of medium and long term revenue yielding projects. NSIA only invests on projects with huge potentials for direct positive impacts to the development of critical infrastructure in Nigeria, inflow of foreign investment, economic diversification, growth and job creation,” he remarked.
Dr. Orji further explained that the NSIA established frameworks for good corporate governance, risk management, transparency and accountability adding that the solid governance structure has attracted credible partners, notable investors and private equity funds.
The NSIA Managing Director disclosed that Nigeria Governors’ Forum that was initially opposed to its mandate is one of its greatest supporters at the moment. “The $250 million we invested in 2016 came from the state governments’ share of the NLNG dividend.”
Meanwhile, NEITI and the NOA are to establish effective platform for collaboration especially in the areas of information sharing, public education and enlightenment. The Director General, Dr Garba Abari, gave the assurance while receiving the Executive Secretary of NEITI, Waziri Adio. He announced that 813 offices of NOA woud be made available to NEITI as a platform for dissemination of NEITI reports to all nooks and crannies of Nigeria.
Dr. Abari described NEITI as an island of excellence among government agencies in terms of reputation and focus. He commended the Executive Secretary for his leadership.
According to the NOA Director General, “NOA has a mandate to re-orientate Nigerians, our value orientation and attitude needs to change especially towards public finance and resource management.” He added: “We will help you mobilize all the platform at NOA’s disposal including the Local Government Assembly to disseminate NEITI reports and get the necessary feedback.”
Earlier, Adio explained that his decision to visit NOA was to explore areas of mutual cooperation. He identified several NEITI reports such as the Audit Reports, Policy Briefs, Occasional Papers and other researched publications as instruments which NOA can use to advance its grassroots advocacy and mass orientation messages.
Mr. Adio welcomed the emerging relationship with NOA especially in the NEITI Audit Report dissemination and appealed to all federal government agencies to work together to rescue Nigeria from resource curse.
He lamented that revenue from the country’s oil, gas and mining sector have over the years failed to translate to good roads, electricity, jobs, and health facilities for the citizens.
The NEITI Executive Secretary however stated that it was not too late to redeem the country, if all the agencies including NOA join NEITI to rescue Nigeria from the syndrome of resource curse, fight corruption, and promote better citizen’s attitudinal changes on prudent management of extractive revenues.
Lagos State Government has refused to fix the problem in the water sector because it sees water as a business, and not as human right in the state, Deputy Executive Director, Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), Akinbode Oluwafemi, has said.
L-R: Achike Chude of the Joint Action Front (JAF), Vickie Onyekuru of Africa Women Water Sanitation and Hygiene Network (AWASHNET) and Akinbode Oluwafemi of the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), during the briefing
He spoke at a news conference in Lagos on Monday, August 6, 2017 to update the media on the current happenings in the Lagos water sector.
To mark the 2017 World Water Day on March 22, the non-governmental organisation had led Lagos residents on a march from the Ikeja Local Government Secretariat to Alausa, the seat of Lagos government, to protest “privatisation of water” in the state with the theme “Our Water Our Right”.
For Oluwafemi, that rally seems like a watershed, as the group was able to make government to shed “its arrogance” and respond overnight to some of the group’s demands on the water issue.
“It will be a mistake on the part of the Lagos State Government to think that we have gone to sleep over the issue,” he added.
All PPP (Public-Private Partnership) arrangements in Nigeria, according to Achike Chude of the Joint Action Front (JAF), who was at the Monday briefing, ended up putting more money in the pockets of the rich, to the detriment of the poor masses.
He added that when it comes to the water issue, Lagos government is sincere, but sincerely wrong.
On the argument that government has no money to fund public water, Chude, who is also a member of the Justice, Development and Peace Commission (JDPC), wondered where the N40 billion said to have been reserved for the rehabilitation of Airport Road came from.
“If the government does not have money, is it the people that have?” he wondered. “If we must privatise everything, why do we have ministries? We better do away with the ministries and replace them with regulatory agencies.”
However, it was gathered from ERA that Lagos currently rakes in over N50 billion monthly (N600 billion yearly) from internally-generated revenue (IGR) alone.
Representing the women, Vickie Onyekuru of Africa Women Water Sanitation and Hygiene Network (AWASHNET) said that women do not want privatisation of water. “We want water to be controlled by government,” she demanded.
According to ERA, the idea of privatisation of even basic necessities like water is promoted by the Breton Woods institutions to further enrich the elite.
“The idea comes from the West where basic needs are given. People must be conscious of that,” ERA said, adding that water is different from telecommunications and other items people can do without. “So, there should be no comparison.”
Invasion of multinationals
ERA said: “In recent months, we have learnt that the Lagos government has penciled Veolia, Metito and the Spanish company, Abengoa, to take control of Adiyan II – which will supply water to millions of Lagosians, despite their track record of abuse around the world. We continue to wonder how the state got to its decision, whether there is no due diligence of the companies involved.”
Veolia, a French multinational corporation adjudged the largest water privatiser around the world, allegedly mismanaged several water systems across the globe.
Also, Metito and Abengoa were said to have issues in their operations in some parts of the world.
“With companies with such track records in deals with the Lagos Government, it is evident that the government is deliberately walking into a trap that will enslave Lagos citizens for generations,” ERA added.
Specific demands
The Our Water Our Right coalition demands that the Lagos government listens to the people. It specifically asks that:
It stops any deal with the World Bank and corporations allied to it directly or remotely, including Veolia, Metito and Abengoa.
It makes public and revokes agreements or MoUs entered into with corporations hell-bent on foisting PPP on water provision on Lagos citizens.
It increases budgetary allocation to the water sector within the framework of public and democratically-controlled systems.
It allows transparency and meaningful civil society engagement in the water reform process.
Shell Petroleum Development Company of Nigeria (SPDC) has said it will continue to support the clean-up process of Ogoni communities in Rivers State.
Shell Petroleum Development Company of Nigeria Limited (SPDC) General Manager, External Relations, Igo Weli.He describes the academics research programme as key aspect of Shell’s effort to contribute to the development of higher education in the country
It equally said it had released $10 million take-off fund to the Hydrocarbon Pollution Restoration Agency.
The firm’s General Manager, External Relations, Igo Weli, revealed this at the weekend in Port Harcourt, Rivers State, during an interactive session with the media on the Ogoni clean-up project.
Weli said the United Nations Environment Programme (UNEP) recommendation encouraged multi-stakeholder efforts driven by the Federal Government.
He added that the oil company would continue to play its role alongside other stakeholders under a transparent governance framework.
He said that 15 SPDC JV sites, specifically mentioned in the report that needed attention, had been remediated in the communities and certified by government, adding that the firm had also raised its standard on remediation approaches in line with industry best practices.
Weli said: “SPDC JV remains fully committed to continue supporting and contributing its share within the appropriate framework and governance structures.
“We encourage all relevant stakeholders to also remain committed to contributing their share.”
Communication and the messages conveyed to the general public play a critical role in the implementation of the Great Green Wall Initiative.
L-R: A representative of the IUCN (International Union for the Conservation of Nature) Regional Director for Central and West Africa, Mr. Jacques Somda; representative the Minister of Environment and Sustainable Development of Niger Republic, Colonel Major Bila Maina; and Coordinator of the Community Action Programme (PAC3), Mr. Ali Moha, during the opening of the “Regional Workshop on communicating project results to different audiences” held recently in Niamey, Niger
This was the submission of Mr. Ali Moha, Coordinator of the Community Action Programme (PAC3), at the opening of the “Regional Workshop on communicating project results to different audiences” held recently in Niamey, Niger Republic.
In his welcome remarks, Moha stated that the Great Green Wall Initiative has positively evolved over time in its design and implementation strategy by adapting to an ever changing physical, social and institutional environment.
“And it clearly appears that communication and the messages already conveyed or those to be conveyed to the general public in both our cities and country side have played and will still play a critical role,” he stressed, describing the workshop as being of paramount importance for countries in terms of development and sound natural resource management communication.
According to him, the workshop would enable communication experts of the 12 SAWAP (Sahel and West Africa Programme in support of the Great Green Wall) projects and journalists to continue raising public awareness on the vision and challenges to be taken up as part of the Great Green Wall Initiative.
The Great Green Wall Programme is a pan-African initiative conceived to address land degradation and desertification, boost food security and support communities to adapt to climate change in the Sahel-Sahara region of Africa. It was conceived as a 7,700-kilometre tree belt stretching the length of the Sahara Desert.
A representative the Minister of Environment and Sustainable Development of Niger, Colonel Major Bila Maina, in a welcome address, disclosed that the objective set for the BRICKS (Building Resilience through Innovation, Communication and Knowledge Services) Project is to bring an effective contribution to the implementation of the Great Green Wall for the Sahara and Sahel.
Maina, who is Permanent Secretary of the Ministry of Environment and Sustainable Development, stated that the workshop would enable the BRICKS Project communicators and journalists to be equipped with strategic communication and story telling techniques so as to better share best practices, inform and raise the awareness of decision-makers.
He added that awareness of the general public will also be raised with respect to the achievements recorded in the implementation of the SAWAP projects and of the Great Green Wall Initiative.
A representative of the IUCN (International Union for the Conservation of Nature) Regional Director for Central and West Africa, Mr. Jacques Somda, in an address, expressed confidence in the competencies and expertise of the participants as well as their commitment towards improving natural resource, as well as land and water management.
He thanked the World Bank for supporting to the 12 African countries involved in the scheme to increase their resilience capacity in view of combating poverty.
Organised by the IUCN in collaboration with the Permanent Inter-States Committee on Drought Control (CILSS), the Sahara and Sahel Observatory (OSS) and World Bank, the workshop held from July 17 to 21, 2017 and was facilitated by Mr. Peter Paul Van Kempen for the IUCN‘s Commission on Education and Communication (CEC), assisted by Mr. Christophe Hien and Madam Félicité Mangang.
The workshop is part of the implementation of the SAWAP BRICKS Project. It aimed at contributing to communicating to key audiences the way SAWAP Projects’ results are supporting the implementation of the Great Green Wall Initiative, by producing success stories for decision-makers within governments, the private sector and civil society that give evidence of the value added of the various country projects of the Great Green Wall.
About 50 participants came from 12 SAWAP countries (Benin, Burkina Faso, Ethiopia, Ghana, Mali, Mauritania, Niger, Nigeria, Senegal, Sudan, Chad and Togo) and Guinea. They were made up of communication experts, journalists, representatives of the three BRICKS executing agencies (IUCN, CILSS, OSS), the Focal Points of TerrAfrica, of the Great Green Wall national agency and of ReSAD in Niger.
The workshop entailed presentations, group work and discussions, as well as a field trip.
The Federal High Court in Lagos has ordered that a $37.5 million mansion on Banana Island in Lagos linked to a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, be permanently forfeited to the Federal Government.
Diezani Alison-Madueke. Photo credit: TODAY.ng
The court also ordered that the sums of sums of $2,740,197.96 and N84,537,840.70 realised as rents on the property should equally be forfeited to the Federal Government.
The orders were made on Monday, August 4, 2017 by Justice Chuka Obiozor, following a motion on notice argued before him by the Economic and Financial Crimes Commission (EFCC).
The anti-graft agency had on July 19, 2017 obtained a court order to temporarily seize the property designated as Building 3, Block B, Bella Vista Plot 1, Zone N, Federal Government Layout, Banana Island Foreshore Estate, which is said to have 24 apartments, 18 flats and six penthouses.
The court had directed that the temporary forfeiture order be published in a newspaper and then adjourned till Monday for anyone interested in the property and funds to appear to convince the court why they should not be permanently forfeited to the Federal Government.
At the Monday’s proceedings, the EFCC lawyer, Mr. Anselem Ozioko, told Justice Obiozor that the publication order had been complied with.
He, however, noted that despite going the extra length to personally serve the second and third respondent in the case, Afamefuna Nwokedi, and a company, Rusimpex Limited, they did not show up in court to contest the forfeiture order.
“In summary, it appears as if they are not willing to contest this application,” Ozioko said, urging Justice Obiozor to go ahead and order the permanent forfeiture of the property and the funds.
In a short ruling, Justice Obiozor granted the orders.
The judge held, “In the face of the publication, which I find in Exhibit B of the affidavit of compliance before me, and there being no responses from any interested party, I have no other option but to grant the orders as prayed.”
The EFCC had earlier told the judge that the Banana Island manson was reasonably suspected to have been acquired with proceeds of unlawful activities by Diezani.
The anti-graft agency said its investigations revealed that Diezani purchased the property sometime in 2013 at the price of $37.5 million, which she paid in cash.
According to the EFCC, the $37.5m was moved straight from Diezani’s house in Abuja and paid into the selller’s First Bank account in Abuja.
“Nothing could be more suspicious than someone keeping such huge amounts in her apartment. Why was she doing that? To avoid attention.
“We are convinced beyond reasonable doubt because as of the time this happened, Mrs. Diezani Alison-Madueke was still in public service as the Minister of Petroleum Resources,” the EFCC lawyer, Ozioko, had told Justice Obiozor.
Listed as respondents in the forfeiture application were Diezani, a legal practitioner, Afamefuna Nwokedi, and a company, Rusimpex Limited.
In a 41-paragraph affidavit attached to the application, an investigative officer with the EFCC, Abdulrasheed Bawa, explained that Nwokedi, in connivance with Diezani, purposely incorporated the company, Rusimpex Limited, on September 11, 2013 to facilitate the alleged fraud scheme.
According to Bawa, when Nwokedi was questioned by the EFCC, the lawyer explained that he had approached Diezani for opportunities in the Oil and Gas industry but the ex-minister told him that being a lawyer, she did not have any such opportunity for him and asked him whether he could in the alternative manage landed properties, an offer which Nwokedi accepted.
Bawa said Nwokedi later registered Rusimpex Limited at the Corporate Affairs Commission, wherein a lawyer in his law firm, Adetula Ayokunle, and a Russian, Vladmir Jourauleu, were listed as the directors of the company, while the address of Nwokedi’s law firm in Ikoyi, Lagos was registered as the business address of Rusimpex Limited.
The investigator added that when Ayokunle was questioned by the EFCC, he explained that he only appended his signature on the CAC documents at his boss’ instruction, while Jourauleu denied knowledge of the company.
The investigator explained, “Sometime in 2013, the former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, invited Barrister Afamefuna Nwokedi, the Principal Counsel of Stillwaters Law Firm, to her house in Abuja for a meeting where she informed the said Barrister Afamefuna Nwokedi to incorporate a company and use same as a front to manage landed properties on her behalf without using her name in any of the incorporation documents.
“She further directed Mr. Afamefuna Nwokedi to meet with Mr. Bisi Onasanya, the Group Managing Director of First Bank of Nigeria Plc for that purpose.
“Mr. Stephen Onasanya was invited by the commission and he came and volunteered an extrajudicial statement wherein he stated that he marketed a property at Bella Vista, Banana Island, Ikoyi, Lagos, belonging to Mr. Youseff Fattau of Ibatex Nigeria Limited to Mrs. Diezani Alison-Madueke and Mrs. Diezani Alison-Madueke later bought the property from Mr. Youseff Fattau, through her lawyer, Mr. Afamefuna Nwokedi (who she introduced to him) and that payment for the said property was made through the Abuja office of First Bank of Nigeria Plc.
“First Bank of Nigeria Plc, through Mr. Barau Muazu, wrote to the commission and also volunteered an extrajudicial statement in writing that they made the payments totalling US37,500,000 to Ibatex Nigeria Limited & YF Construction Development and Real Estate Limited on behalf of Mrs. Diezani Alison-Madueke and that they collected the entire cash from Mrs. Diezani Alison-Madueke at her residence of No. 10, Fredrick Chiluba Close of Jose Marti Street, Asokor, Abuja and paid into the First Bank of Nigeria Plc accounts of Ibatex and YF Construction Development and Real Estate Limited on her instruction.”
The Guild of Corporate Online Publishers (GOCOP), a group for the highest strata of Nigerian media professionals in online publishing, has secured firm assurances of the presence of eminent Nigerians at its conference.
President, Dangote Group, Alhaji Aliko Dangote, will grace the occasion
Themed: “Sustaining Growth through Diversification of the Economy,” the conference will hold on Thursday, August 10, 2017 at Renaissance Hotel, Isaac John Street, GRA, Ikeja, Lagos.
A statement by GOCOP Publicity Secretary, Olumide Iyanda, disclosed that Governors Nyesom Wike, Abdulafatah Ahmed and Darius Ishaku of Rivers, Kwara and Taraba states respectively have confirmed their presence at the conference as Special Guests.
Others are the Minister for Information and Culture, Alhaji Lai Mohammed; the Chief of Army Staff, Lieutenant General Tukur Buratai; the Chief of Air Staff, Air Marshal Sadique Abubakar; the Chief of Naval Staff, Vice Admiral Ibok-Ete Ekwe Ibas; the Inspector General of Police, Ibrahim Idris; and Corps Marshal, Federal Road Safety Corps (FRSC), Dr. Boboye Oyeyemi.
Also confirmed are the President, Dangote Group, Alhaji Aliko Dangote; the Group Chairman, Mutual Assurance Plc, Chief Akin Ogunbiyi; the Managing Director/Chief Executive Officer, Nigeria LNG, Tony Attah; the Chairman, Zinox Technologies Limited, Leo Stan Ekeh; the Director, United Nations Information Centre in Nigeria, Ronald Kayanja; and the Founder, Oodua People’s Congress, Dr. Frederick Fasehun.
Keynote Speakers at the conference are university teacher, Prof. Akin Onigbinde; the Managing Director of the News Agency of Nigeria (NAN), Bayo Onanuga; and a former Governor of Anambra State, Peter Obi.
Former Managing Director and Editor-in-Chief of the Sun Newspapers and now the Special Adviser on Media and Publicity to President Muhammadu Buhari, Femi Adesina; and the Managing Director and Editor-in-Chief of New Telegraph Newspapers and also the President of the Nigerian Guild of Editors, Funke Egbemode, will participate in the discussion.
A new GOCOP executive council will be inaugurated at the conference.
The Conservator-General of Nigeria National Park Service, Mr. Ibrahim Musa Goni, has appreciated the selfless efforts of rangers across the country ensuring the protection of Nigeria’s biodiversity within the National Parks and other protected areas.
A team of Nigeria National Park rangers
He made the submission recently as Nigeria joined in the celebration of the World Ranger Day on July 31, 2017 at an event held at the organisation’s headquarters in Abuja.
Besides the National Park Service’s members of staff, led by Goni; in attendance were the Director General of the Nigeria Conservation Foundation (NCF) Mr. ‘Niyi Karunwi, represented by Mr. Mohammed Garba Boyi; the Director of Forestry, Federal Ministry of Environment, Mr. S. O. Tiyamiyu, S.O; and the Director General of National Bio-safety Management Agency (NABMA), Dr. Rufus Egbegba.
The Conservator-General urged Nigerians to show support to rangers across the country, even as he underlined some of the challenges rangers face in ensuring the protection of Nigeria’s wild resources – both fauna and flora.
Mr. Goni further pleaded with relevant organisations and individuals, especially in rural areas to support the cause of rangers across the country towards conserving the nation’s biodiversity.
According to International Ranger Federation, 105 rangers were killed worldwide in the past year. In Nigeria, it was disclosed that that 28 rangers have died in active service across the country.
Nigeria has seven National Parks: Old Oyo National Park in Oyo State, Okomu National Park in Edo State, Kamuku National Park in Kaduna State, Kainji Lake National Park in Niger and Kwara State, Gashaka Gumti National Park in Taraba and Adamawa State, Cross River National Park in Cross River State, as well as Chad Basin National Park in Borno and Yobe State.
The Conservator-General hailed the supports made by individuals and organisations towards the families of rangers who died in service, calling on well-meaning Nigerians to join in raising awareness of poaching activities within the National Parks and protected areas across Nigeria.
The first World Ranger Day was observed on July 31st, 2007. Annually, July 31 is celebrated as World Ranger Day, a day to memorialise rangers killed or injured on the field. It is also a day to commend the critical work Rangers do to protect the world’s natural and cultural treasures/biodiversity.
Nature conservation is the term used to describe the protection, preservation, management, and care of earth’s invaluable biological diversity. These resources extend beyond fauna and flora; that is, animals and plants, it also includes, soil, forest, rocks, water and even more.
Amina Mohammed with participants at the Youth Forum at the 61st Session on Commission on Status of Women (CSW61)
Nature is the reflection of everything on earth; it is the fruit of the millions of years through evolution shared by ecological processes and anthropogenic factors. Over the years, nature has contributed to the well-being of humans. It may be surprising but true, that about 70,000 plant species on earth are used in medicine, according to recent ethnobotanical studies.
The sporadic increase in human population to over seven billion, and their unsympathetic activities has led to the declined population of different species through several unsustainable activities. Activities like felling of trees – without reforestation, needless bush burning, illegal wildlife hunting and trading, burning of fossil fuel among others. All these put together have affected the atmosphere and further depleted the habitat of biodiversity and nature’s hub.
Nigeria, a once nature-loving nation, has in recent times been growing an obnoxious environmental attitude. Even more, we have adapted a large consumption pattern as perceived in our quest to poach and hunt wildlife with no significant regards for posterity. Sometimes, this can be attributed to poverty, illiteracy, public engagement, and unstructured institutional framework resulting in major loss of our forest cover and wetlands which house the largest hub for biodiversity in Nigeria.
It is the duty of government to enhance, maintain and enforce environmental laws and order at all levels, but it is gloomy to note that the implementation and execution have left much to be desired. Fortunately, global calls of most environmental days this year is aimed towards environmental literacy, enlightenment, and advocacy with a major focus on the youths.
This year’s World Earth Day celebrated on April 22 was themed around “March for Science” to promote Environmental and Climate Literacy. World Wildlife Day marked on March 3 was themed “Listen to the young voices”. World Environmental Day celebrated June 5 was with the theme “Connecting people to nature”. These show the attachment we – youths – are building towards being nature-friendly; not only on social media platforms but into practical action around us.
In the coming years, this new eco-attitude we are building is expected to yield more positive results and eventually help us adopt a sustainable lifestyle. A lifestyle where we respect the reality, that our individual actions as harmless as they seem could have a global upshot; a lifestyle that we can hand-over to those coming behind us with pride.
We must always bear in mind that we are all part of a web of life – when one individual disappears others are at risk of disappearing as a result.
Let’s join hands to foster an environment that gives all but asks for care.
The Director General of Consumers Protection Council (CPC) Mr. Babatunde Irukera, has secured a N17 million judgment against Coca-Cola International Company at the Supreme Court for wrongfully terminating the employment of a Nigerian, Mrs. Titilayo Akisanya.
The Nigerian Bottling Company Plc is the sole franchise bottler of the Coca-Cola Company in Nigeria
In the judgment delivered on June 30, 2017, the Supreme Court affirmed the decision of the Court of Appeal to the effect that the Court of Appeal is the final arbiter in employment, trade and labour related matters adjudicated upon by the National Industrial Court (NIC). Again, the Supreme Court, in interpreting Section 254(C)(1) of the Third Alteration Act to the 1999 Constitution (as amended) also held that the jurisdiction of the National Industrial Court extends to all employment-related disputes including private employment contracts.
Mr. Irukera took up the case of Mrs. Akisanya on February 10, 2012 when he filed a civil action before the National Industrial Court, Lagos therein challenging her wrongful dismissal by Coca-Cola Nigeria Ltd. Mr. Irukera was then a Partner in SimmonsCoopers Partners, a reputable law firm in Nigeria that had the incumbent Acting President, Pro. Yemi Osinbajo (SAN), as its Principal Partner.
SimmonCoopers Partners is renowned for representing individuals, corporations and government in public interest litigation. The law firm successfully challenged Pfizer, an international pharmaceutical company over its testing of an antibiotic drug (Trovan) in Kano State, Nigeria, a situation that led to over 100 children developing meningitis. The firm also successfully represented about one million investors in a significant securities litigation arising from the First Bank of Nigeria Hybrid Offer of 2007.
Mrs. Akisanya was employed by the respondents as Human Resources Manager on December 11, 2001. In May 2007, she was promoted as the Human Resources Director, Commercial Product Supply (CPS) Pan Africa, while she still doubled as the Human Resources Manager at its Ota, Ogun State Plant.
In the claim she filed before the National Industrial Court, she claimed that she received several awards and commendations for her industry and significant contributions to the growth of the company in the course of her duties.
Things however turned sour when, in the course of her duties, she incurred some travel costs and expenses which she submitted for reimbursement. The travel expenses were however not paid to her despite repeated demands. Rather than paying her, Mrs. Akisanya was directed to forward the original copies of the expenses to the corporate auditors of the company. She complied. She was later invited to a meeting with the internal auditors of Coca Cola.
At the meeting, she answered the questions posed to her by the auditors and even promised to send a detailed report to them. She promptly submitted her written report to the audit panel. The panel advised her to wait for their report which they would send to the ethics and compliance (ECC). She did not get a response from the ECC, neither was she shown the final report of the audit panel.
The next move she got from the company was a letter dismissing her from the employment of the company. The later was dated December 6, 2010. The letter was signed by Mr. Sheriff Tobala on behalf of the company. She was accused of violating the company’s code of business conduct by submitting non-business related expenses for reimbursement and disclosing company’s confidential information to a third party.
Dissatisfied with her wrongful dismissal, Mrs. Akisanya commenced a legal action against the company before the National Industrial Court (NIC) on February 10, 2012. In the suit filed before Hon. Justice B.B Kanyip, Mrs. Adesanya sought for declarative and injunctive reliefs nullifying her dismissal. She also claimed forN100 million general damages, and N50 million as exemplary damages.
Sued as Defendants in the suit are the local company – Coca-Cola Nigeria Ltd, the Coca-Cola Company (the foreign company) and Mr. Tobala who signed the letter of dismissal.
Coca-Cola, through its lawyer, Mr. A. Candide-Johnson (SAN), however objected to the claimant’s suit by arguing that the suit is a private employment contract, or at most an executive management contract and therefore the National Industrial Court lacks jurisdiction to entertain private employment contracts. The Learned Silk argued that no issue of labour relations, trade union relation, or industrial relations has arisen from the Claimant’s suit to confer jurisdiction on the National Industrial Court (NIC). The Learned Silk for Coca Cola argued that Section 254(c)(1) of the 1999 constitution as amended by the Third Alteration Act ousts the jurisdiction of the National Industrial Court in relation to private employment contracts.
Essentially, the Learned Silk invites the National Industrial Court (NIC) to determine whether its jurisdiction, as contained in section 254(c)(1) of the Constitution of the Federal Republic of Nigeria, 1999 (Third Alteration) Act No 3 of 2010 extends to all cases of private individual contractual employment or is limited to disputes arising from collective agreements, labour, trade and industrial relations.
On April 7, 2016, Hon. Justice Kanyip dismissed the defendants’ preliminary objection on the basis that the question formulated by the defendants did not raise any substantial question of law to warrant the case stated. The trial judge held that the jurisdiction of the NIC extends to all employment contracts including private employment contracts. Dissatisfied with the ruling of the trial judge dismissing the preliminary objection, the Defendants appealed to the Court of Appeal, Lagos. Whilst the Appellants’ appeal was pending at the Court of Appeal, the trial judge proceeded to determine the case on the merit. In his judgment, the trial judge granted about N17.4 million as damages/compensation to Mrs. Akisanya (the claimant) for wrongful termination of her employment contract by the Defendants. The damages/compensation was to be paid by the defendants within 30 days of judgment delivery failing which the sum shall attract interest at 10 per cent (10%), per annum until fully paid.
Interestingly, whilst trial was ongoing at the NIC, the Court of Appeal had determined the Defendants’ interlocutory appeal challenging the ruling of the trial court on the preliminary objection. On July 4, 2013, the Court of Appeal unanimously affirmed the decision of the trial judge to the effect that the National Industrial Court has jurisdiction over all employment contracts including private employment contracts.
Again, dissatisfied with the decision of the Court of Appeal, the defendants proceeded to the Supreme Court even while trial was on-going before Hon. Justice Kanyip at the National Industrial Court. The Defendants also articulated the same issues and arguments presented before the Court of Appeal to the Supreme Court.
The Claimant (now Respondent before the Supreme Court) filed a preliminary objection contending that “having regard to Section 243(4) of the constitution of the Federal Republic of Nigeria, 1999 (Third Alteration) Act No 3, 2010, which expressly limits the finality of any appeal arising from any civil jurisdiction of the National Industrial Court to the Court of Appeal, whether the Supreme Court has jurisdiction to entertain the appeal”. In his argument before the Supreme Court, Mr. Irukera contended that whenever the jurisdiction of a court is challenged, the relevant statute establishing the court will be examined in the light of the relief been sought, since the question of jurisdiction must be confined to the enabling statute. In the instant case, he argued, the Court of Appeal as a creation of the constitution has its jurisdiction delineated and circumscribed by the 1999 constitution (as amended). He argued that the appellate jurisdiction of the Court of Appeal cannot be inferred, interpreted, and applied outside its enabling statute and if done otherwise, the exercise will be a nullity. Section 243(4) of the constitution is emphatic that in respect of any appeal arising from any decision in exercise of the civil jurisdiction of the NIC, the decision of the Court of Appeal is final. He therefore urged the apex court to dismiss the appeal preliminarily.
With respect to the substantive appeal, Mr. Irukera argued that a literal interpretation of the Section 245(c) of the Constitution does not, in any way, oust the jurisdiction of the National Industrial Court with respect to private employment contracts. In fact, citing relevant provision of the Trade Disputes Act, LFN, 2004 and the Employees’ Compensation Act, 2010, Mr. Irukera argued that the jurisdiction conferred on the National Industrial Court applies to all employment disputes.
The Learned Silk for the Appellants, Mr. Candide-Johnson, in response to Mr. Irukera’s position, argued that the jurisdiction of the apex court is not ousted in this particular suit. He argued that the issue in this appeal falls within Section 233(2) of the constitution and the sui generis nature of the constitutional responsibility of this court must be taken into consideration. The Learned Silk argued that the court has a duty to step-in in this particular case to interpret Section 254(c) of the 1999 Constitution as the suit has raised a very serious and novel question. He argued that Section 243 of the 1999 Constitution should not be invoked to deny the Supreme Court of its role and responsibility in constitutional interpretation.
On June 30, 2017, a full panel of the Supreme Court, comprising of Hon. Justice Ejembi Eko JSC; Hon. Justices Mary Ukaego Peter-Odili JSC; Hon. Justice Musa Dattijo Muhammad JSC; Hon. Justice Clara Bata-Ogunbiyi JSC; Hon. Justice Kumai Bayang Aka’ahs JSC; Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun JSC and Hon. Justice Chima Centus Nwezeh JSC, delivered judgment in the appeal. In the Lead Judgment read by Hon. Justice Ejembi Eko, the apex Court upheld the Claimant/Respondent’s preliminary objection and accordingly dismissed the appeal preliminarily.
Hon. Justice Eko said: “In this instant case, the question to ask and answer is whether the enactment of Section 243(4) of the 1999 Constitution by the National Assembly, in its power of amendment, through Section 5 of the Act No 3, 2010 is valid. In other words, how far has the National Assembly, in the enactment of Section 243(4) of the Constitution through the Third Alteration in 2010, eroded the basic structure of the 1999 Constitution?”
The apex Court traced the history of Section 243(4) of the Constitution and concluded that the intendment of the drafters of the constitution is to make the Court of Appeal a final appellate court over matters that relate to labour and employment matters. He Justice held that: “It is clear from their unambiguous language that the legislature intends that the matters of elections to the National Assembly, and States Houses of Assembly, like the matters the National Industrial Court has been specially vested jurisdiction over should, as a matter of public policy, be expeditiously disposed of and therefore should not be matters of further appeal to the Supreme Court. The presumption is that the parliament knows the state of affairs existing at the time of legislation and that the parliamentary policy or attention is directed towards that state of affairs”.
Justice Eko further held that: “The judex neither make laws nor does it possess any power to amend any statute”, he held, adding that “it is not the function of the court, in its interpretative jurisdiction, to interpret a particular provision of the statute or constitution by addition or importation thereto words not contained therein”. Since the parliament, in its power of amendment, knows the state of the law existing before and at the time it is amending the law; I want to believe that in enacting Section 243(4) of the constitution the law makers, in their wisdom knew very well, and indeed legislated, not to bother the Supreme Court with issues over master and servant relationships.”
The Supreme Court sustained Mrs. Akisanya’s preliminary objection and accordingly dismissed the Appeal filed by the Appellants (i.e. Coca-Cola Nigeria Ltd. and 2 others).
Interestingly, the Supreme Court also seized the opportunity to consider the substance of the appeal, that is, whether the jurisdiction of the National Industrial Court extends to private employment contracts. Hon. Justice Eko held that:
The law, as it stands by virtue of Section 254(C)(1) of the Constitution does not demarcate between public and private employment status. . Section 254(1) of the Constitution has, of course, expanded the jurisdiction of the National Industrial Court to cover all employment related matters including those arising from private contracts of employment”.
Continuing he said:
“Section 254(1) of the Constitution does not mince words that the scope of the jurisdiction it has vested in the National Industrial Court extends to the exclusion of any other court in civil cases and matters relating to or connected to any labour, employment,- the conditions service- of labour, employee, worker and matters incidental thereto or connected therewith… The preliminary objection succeeds. The appeal being incompetent is hereby struck out. The Orders made by the lower court remain extant and inviolate. Costs at N500,000.00 shall be paid to the Respondent by the Appellants”.
