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NNPC officials stole N2.06bn worth of crude oil, foreign report reveals

An oil trading firm, Samano Sa De CV, has written a letter to the Group Managing Director of the Nigerian National Petroleum Corporation, Mele Kyari, demanding five per cent reward for exposing the diversion and theft of 48 million barrels of crude oil

At the current price of global crude oil which is $43 per barrel, the stolen oil is expected to be worth $2.06bn by today’s standard.

The alleged theft took place in 2015.

The allegations are contained in a letter signed by lawyer, Gboyega Oyewole, on behalf of the whistleblower dated July 23, 2020.

The letter is titled, “Formal Request for the Payment of five per cent Whistleblower Compensation For Information Furnished In Respect of Crude Oil Stolen from the Federal Republic of Nigeria.”

In the letter, it was stated that the Group Managing Director of the NNPC, Mr Mele Kyari, the late Chief of Staff to President Buhari, Abba Kyari; and Mr Umar Mohammed were all informed of the stolen crude and were expected to take action.

A subsequent letter written to the President by the whistleblower, was, however, prevented from getting to him.

The whistleblower said in October 2015, the stolen crude was moved from China without the knowledge of President Buhari and sold illegally by some government and NNPC officials with the proceeds not remitted to the government’s coffers.

When the whistleblower pushed for the agreed five per cent cut of the sale of the crude for exposing the theft, its officials were harassed and issued death threats.

The letter read in part, “Sequel to this policy, our client, being a reputable and credible company, promptly brought to the knowledge of the Nigerian Government, information as to criminal activity involving the NNPC and the stolen product.

“This information was given to high ranking officials of the Nigerian government to wit; Mr. Mele Kyari, the Managing Director of NNPC; Mr. Abba Kyari, the then Chief of Staff to the President; and Mr. Umar Mohammed.

“Consequently, it was agreed that an investigation into the stolen product should be made to ascertain the veracity of the information and garner more facts as to the fraudulent activities.

“It was also agreed that if the information is found credible, the perpetrators of the offence would be apprehended and that compensation due to our client for the information brought forward would be awarded.

“Further to the above stated discussions, our client through its Chief Executive Officer, Mr Jose Salaza Tinajero (its representative) wrote to President Muhammadu Buhari notifying him of the stolen products as advised by the high ranking officials.

“It was also agreed that if the information is found credible, the perpetrators of the offence would be apprehended and that compensation due to our client for the information brought forward would be awarded.

“Further to the above stated discussions, our client through its Chief Executive Officer, Mr Jose Salaza Tinajero (its representative) wrote to President Muhammadu Buhari notifying him of the stolen products as advised by the high ranking officials.

“The said letter was delivered to Mr Umar Mohammed, who to the surprise of our client, failed to deliver it to the President.”

Attached to the letter were several documents including bank transfers, names of vessels and their captains to show that the stolen products had been illegally sold by some top government officials in connivance with the NNPC. The firm also attached chats between some of the principal players.

When contacted, NNPC’s Group General Manager, Group Public Affairs Division, Kennie Obateru, said the oil firm was aware of the accusation but would not respond now.

“We won’t respond to it now, but at the appropriate time we will make our position known to the public,” he said.

SOURCE: PUNCH

Misleading advertisements And An Affected Consumer’s Right To Enforce A Legal Action By Adamu Isa

INTRODUCTION

Quite often, when we tune in to our favourite TV channel or programme, we are exposed to multifarious advertisements at regular intervals. Flipping through the pages of a newspaper or magazine, one is sure to jump into various advertisements inviting for offers from the readers. Some advertisements, of course, may be misleading, as the advertised content(s) may not have the degree of efficacy or quality portrayed. Such advertisements are technically referred to as the snake oil adverts.

In Nigeria, advertisements are regulated by different legislations — federal, state and subsidiary. For example, APCON (Advertising Practitioners Council of Nigeria) is the main government body in charge of approving adverts on food, cosmetics, drugs and beverages, featured on television, radio and the print media. Section 23 (1) of the APCON Act empowers the body to do so through an established panel known as Advertising Standards Panel. Statutory reliance in this essay shall therefore be on some of these legislations, decided cases and other relevant sources.

Meaning of Misleading Advertisement

The European Commission defines misleading/deceptive advertisement as a commercial practice that contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer to take a transactional decision that he would not have taken otherwise. Misleading advertisement also constitutes a misrepresentation in Law. In the case of Sodeinde v. Allen & Anor (2018) LPELR-46782(CA), the Court of Appeal, Per Obaseki, JCA defined misrepresentation as a

representation or statement that is false in substance and in fact. It is the act of making a misleading statement about something.”

Misrepresentation in advertisements may be in the form of claiming a product has some purported health benefits. Another form is the practice of advertising a something with hidden extra charges, such that a potential buyer or consumer will have to pay more than the amount specified. It can also be in the form of claiming a product has a top-notch quality while it is in fact, of coarse quality.

Proving Misleading Advertisement In A Lawsuit

Under section 8 (a-b) of the Consumer Protection Council Act, a consumer affected by a misrepresentation in an advertisement has the right to sue the entity behind it.

The landmark US case of Wiener v. Dannon Company Inc. 255 F.R.D. 658 (C.D. Cal. 2009), presents a perfect illustration of misleading advertisement. Dannon alleged that its product, Activia yogurt is “scientifically proven” to naturally regulate digestion when eaten daily for two weeks. It was widely publicized on magazines, newspapers and television. The plaintiff, acting in good faith of the defendant’s advertisement purchased and consumed the product. When there was no desired outcome, he filed an action against the Company. The defendant company paid $45 million in damages to the plaintiff, and some consumers proven to have purchased the product. It is apparent that the usage of the term “scientifically proven” was one of the reasons why the consumers, especially the “good-health freaks” parted with some money to purchase it. The National Broadcasting Commission Act in Nigeria, under Chapter 7 (n) prohibits the usage of, unless backed up by relevant authorities, terms such as “Best”, “Number one”, “Trusted”, “Guaranteed”, etc., for advertisements. This is meant to prevent consumers from being misled like in the above cited case. The succeeding paragraph of the chapter also prohibits hyping of any product to be broadcasted for advertisement.

In order to validly prove misleading advertisement in a suit, which is an ingredient of misrepresentation, the party who sets up the claim will be burdened to prove it as established per Kharibi-whyte in Afegbai v A.-G., Edo State (2001) 14 NWLR (Pt.733) 425. The conditions upon which a civil action may be brought before a court, has been subtly captured under Section 8 (a-b) of the Consumer Protection Council Act. It provides that:

  1. Whereupon an investigation by the Council or State Committee of a complaint by a consumer, it is proved that the consumer’s right has been violated; or
  2. that a wrong has been committed by way of trade, provision of services, supply of information or advertisement thereby causing injury or loss to the consumer;

the consumer shall, in addition to the redress which the State Committee, subject to the approval of the Council may impose, have a right of civil action for compensation or restitution in any competent court.”

A consumer’s success in a misleading advertisement suit therefore depends on whether they are able to prove a misrepresentation contained in the advert they relied upon for a transaction or business.

Who Is Liable For A Misleading Advertisement?

Section 11 of the Consumer Protection Council Act specifies the liability and punishment for false advertisement in the following words:

Any person who issues or aids in issuing any wrong advertisement about a consumer item, is guilty of an offence and liable on conviction to a fine of ₦50,000 or to imprisonment of five years or to both such fine and imprisonment.

Liability is therefore on the advertiser and any other person or agent who aids in issuing such advertisement. However, Section 20 of same act gives an exception on the liability of the later. Where they (publisher/advertiser) are able to provide, at the request of the Council, the name and address of the manufacturer, packer, distributor, seller, or advertising agency, they will not be held liable.

Similarly, Section 125 (1) of the Federal Competition and Consumer Protection Act provides:

(1) Where in the marketing of any goods or services an undertaking or any person acting on its behalf by words or conduct-

(a) directly or indirectly expresses or implies a false, misleading or deceptive representation concerning a material fact to a consumer or prospective consumer, or

(b) fails to correct an apparent misapprehension on the part of a consumer or prospective consumer, amounting to a false, misleading or deceptive representation or permit or require any other person to do so, the undertaking is liable for damages to any person damaged, and shall be ordered to make monetary restitution.”

Contrary to the provision of paragraph (b) above, liability will not be on the representor for the representee’s misapprehension if he(represent or) says the truth about a product, and the representee understands it in another sense as untrue. This position was further confirmed by the Supreme Court per Ayoola, JSC:

Even if a statement is true in the sense in which the represent or meant it but is so obscure that the representee understands it in another sense, in which it is untrue, the represent or is not liable if his interpretation is the correct one.” Afegbai v. Attorney General of Edo State (2001) LPELR-SC.111/1996.

Conclusion

A consumer in Nigeria therefore has a right to sue a company, business venture or person whose misleading advertisement(s) the consumer unknowingly relied upon to make a purchase.

Adamu Abubakar Isa,

Ahmadu Bello University, Zaria,

200 Level.

You can contact the author via his phone number, 07030992543 or via his e-mail address, [email protected]

Why My Colleagues Don’t Want Our Pay Package Published — Sen Bamidele

The Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Michael Opeyemi Bamidele, has said that some bills are contributing to the misunderstanding of the ninth National Assembly by Nigerians.

He also said some of his colleagues are against the publication of their salaries and allowances because of national security.

There have been a lot of uproar over the welfare package of the federal lawmakers. Many have called for it to be slashed.

Within the last one year, some of the private member bills sponsored by the federal lawmakers for consideration and possible passage have been stirring controversy in the polity as regards their desirability or otherwise.

Some of the controversial bills are, the Anti-Social Media bill, hate speech bill, a bill seeking to establish an agency for repentant Boko Haram insurgents, a bill for an act to prohibit/ban the use of generators and the infectious disease bill.

Speaking in an interview with newsmen weekend in Abuja, Senator Bamidele (APC, Ekiti Central), said the bills were wrongly perceived by Nigerians regardless of the sponsors’ intention.

He said, “We have had some bills in the last one year that also didn’t help our popularity, regardless of the fact that the distinguished senators who sponsored the bills meant so well.

“Unfortunately, a lot of people are yet to understand the workings of the parliament. When a private member bill is read for the first time, it doesn’t matter how bad it is, you cannot hold the Senate responsible.

“We have other 108 members who will assess the bill, and part of the process of the legislation is that the bill itself, after the senators would have debated the general principle during second reading, will be subjected to public scrutiny. You could have a situation where the preponderance of opinion would have even killed the bill and that will be the end.

“But a lot of time, the parliament is assessed based on the kind or nature of bills that are read for the first time and then people bring it down with comments and insinuations on social media. They, however, mean well.”

He said he had been pushing for the publication of lawmakers’ salaries and allowances for the public to know, but some members had expressed reservations for reason of national security.

Senate, FIRS to liaise on six per cent stamp duty

THE Senate will engage the Federal Inland Revenue Service (FIRS) over the six per cent Stamp Duty on rent, lease and others the agency recently introduced.

Most Nigerians see the introduction of the new tax as a further burden on the already impoverished society.

Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Michael Opeyemi Bamidele (Ekiti Central), told reporters in Abuja at the weekend that even if FIRS had the mandate to generate revenue for the Federal Government through taxes, it cannot afford to be “arbitrary” in doing so.

Bamidele said there is a limit to which the FIRS could exercise discretion in introducing taxes.

He noted that since the Senate Committee on Finance is already mandated to interface with the Ministry of Finance, Budget and National Planning on the 2021-2023 Medium Term Expenditure Framework and Fiscal Strategy Paper (MTEF/FSP), he believes the new tax regime would form part of their discussions.

Bamidele said: “FIRS has a mandate to generate revenue for the country within the extant laws and the Act establishing the agency. In doing that, they cannot be arbitrary.

“There is a limit to the discretion they have. I’m convinced that FIRS knows well enough not to do anything outside of their mandate.”

Corporate Affairs Commission (CAC) Withdraws Registration Certificate Of Ohanaeze, Arewa, Other Groups

The Corporate Affairs Commission (CAC) has withdrawn the registration certificate of Ohanaeze Ndigbo General Assembly, the Arewa Consultative Forum (ACF) and other socio-cultural groups in Nigeria.

Disclosing this at the weekend in Abuja, the Registrar General of CAC, Mr Garba Abubakar, said the measure was part of the reforms the Commission was putting in place to subject such applications to thorough scrutiny following security threats that may arise from such registrations.

The RG noted that the reforms are a measure put together to sanitise the Commission operations which lead to the recent withdrawal of the certificate of registration earlier issued to Ohaneze Ndigbo General Assembly.

He said: “Yes, we have withdrawn the certificate of Ohanaeze Ndigbo General Assembly because the certificate should not have been issued in the first instance.

“We have an established protocol that all organisations; ethnic, religious with political implication should be referred for security clearance before such organisations are registered. In 2017, a similar organisation, Ohanaeze Ndigbo Worldwide applied to be registered and security agencies rejected it.

“It would have been a double standard to allow another organisation to be registered. Up till now, Arewa Consultative Forum is not registered because they were not given security clearance, we have South-South Youth Forum, NorthEast Youth Forum and so many organisations that have not been allowed to register.

“What we have done after withdrawing the certificate (of Ohanaeze Ndigbo General Assembly), we now referred the application for security clearance, if at the end of the day we are advised that this object is consistent with what the law says, and the trustees are fit and proper, then we will go ahead, but till then, we have withdrawn the certificate and they have threatened to go to court, we are lawyers, we will meet them in court.”

He also lamented at the proliferation of Non-Governmental Organisations (NGOs) in Nigeria including foreign ones, noting that such new organisations would have to secure the consent of the Registrar General of the Commission before allowing registration.

“The security agencies have been raising concerns, and you will agree with me that some organisations are purely political. we don’t register political association, some in their activities constitute a threat to national security, so we took the decision that every application will be properly scrutinised to the level of Registrar General, so the applicant must submit an application of consent by providing the names of trustees, the objects of the association. The application will be scrutinised and recommendation will be made to Registrar General and it is only the approval of the Registrar General that the name will be approved,” he said.

On the recent protest by Customers in regard to the new policy on mailing and courier delivery services in the process of company registering, Abubakar said the mailing system, which began in Abuja on Friday, has put to an end the regular visit of customers to the Commission’s office.

The Corporate Affairs Commission (CAC) has said that there is no going back on its decision to ensure that pre-incorporation certificates are delivered to customers through designated courier companies.

The Commission said the policy which came into force on Friday, put to an end the situation where customers visit its Lagos and Abuja offices for the collection of the certificates.

He noted that the move would guard against the spread of coronavirus, reduce the burden on overstretched CAC staff occasioned by the COVID-19 guideline which stipulates that only level 14 officers and above should resume work.

“We have a total workforce of 1,310 staff, only 221 of such staff fall into the category of officers from level 14 and above. Every Monday to Friday we attend to nothing less than 500 customers.

“But if you are dealing with mailing company, every certificate we can produce by 2:00 pm, we hand it over to the courier company the same day and the customer can pick it, this system was introduced on Friday and I can assure you between the time it was introduced till now over 400 certificates have been dispatched by the courier companies.

“In the past, some customers will wait for one month without getting the certificate, to the extend some were even accusing our staff of corruption, that our staff were collecting money. The mailing system won’t stop at certificate dispatch, it will extend to all other processes,” he stated.

The RG said the elimination of manual searches by customers as one of another reform measures put in place in the commission.

“In the past we allowed customers to handle our documents. Customers can apply for documents and we will bring out the file, give it to him, he searched, extract the information he needs and return the file. That is compromising the integrity of the information. In so many occasions, we have apprehended lawyers that have stolen particulars for companies that are under investigations or that have disputes among the shareholders.

“Only two weeks ago, a lawyer was apprehended for forging signatures. His specialisation is when documents are queried for irregular signatures, he signed again for these customers,” he explained.

FIRS Clarifies Stamp Duties To Be Paid By Tenants, Says 6% Only Applies To Tenancy Above 21 years

The Federal Inland Revenue Service (FIRS) has clarified the categories of stamp duties to be paid by tenants.

The FIRS on Wednesday mandated landlords and property agents to charge 6 percent Stamp Duty on all tenancy and lease agreements.

This decision has generated a strong debate among Nigerians on social media.

However, on Saturday, Director, Tax Policy of the FIRS, Mr. Mathew Gbonjubola during a webinar conference put clarity to the rates.

Mr. Gbonjubola explained that “the 6% stamp duty is for tenancy above 21 years while 7 to 21 years lease or tenancy attracts 3% and less than 7-year tenancy is below 1%.”

Mr. Femi Oluwaniyi, Coordinating Director, Tax Operations Group of the FIRS told our correspondent that stamp duty on rent or lease only applies to new agreements and not to renewals.

According to him, “if a new agreement is drawn up at renewal, that document should be stamped, just like initial Agreement. If, however, the renewal terms are already in the initial Agreement such that no new document is prepared but just payment of the rent for renewal, then no stamping is required.”

During the virtual conference, the panellists said that “Nigerians should accept the fact that the country can no longer rely solely on revenue accruing from its natural resources to fund the budget, hence the need to embrace taxation as the new normal of national fiscal policy.”

Taiwo Oyedele of PriceWaterhouseCoopers in his twitter account stated that “stamp duty on most rent agreements is at the rate of 0.78%, not 6% as being widely circulated.”

According to Oyedele, “based on the Stamp Duties Act, stamp duty on lease or rent agreement is payable as follows: If the lease term is less than 7 years, stamp duty rate is 0.78% (e.g. N780 on N100k rent). For a term of 7+ to 21 years, stamp duty rate is 3% (means N3k for N100k rent). For a term above 21 years, stamp duty rate is 6% (e.g. N6k for N100k rent)

He noted that “given that most people enter into rent agreements for less than 7 years, the applicable stamp duty rate to most people will be 0.78%.”

Oyedele further explained that “if you are an individual renting from another individual, your stamp duty is payable to the state tax authority such as LIRS if you are resident in Lagos. If either the tenant or the landlord is a company, then the duty is payable to FIRS.”

He reiterated that “the obligation to pay stamp duty on rent rests with the tenant. However, FIRS is seeking to appoint the landlord as the agent to collect and remit the tax.”

Some other Stamp Duty types and their rates are Appraisement or Valuation of Property, 1.5%; Certificate of Occupancy, Partnership N1,000 flat rate; Gift of Land, 1.5%; Legal Mortgage, 0.375%; Legal Mortgage (Upstamping), 0.375%; Deed of Conveyance or Transfer on Sale of Property, 1.5%; Memorandum of Understanding (Related to Land, Sales, Joint Venture, Surrender, Subdivision Agreements, 1.5%; Power of Attorney (Irrevocable/Land Related), 1.5%; and Sales Agreement, 1.5%.

MFM’s Olukoya Denies Claims, Threatens Libel

By Ella Makondo

Mountain of Fire and Miracles ( MFM) Ministries has threatened to sue the publishers of an online article for libel for publishing falsehood against its General Overseer, Dr. Daniel Kolawole  Olukoya.

The article titled: SCANDAL! General Overseer, Mountain of Fire And Miracles Ministries, In Big Mess in US published under the link, https://Ik.phx.ninja/Nkup was published on July 19, 2020.

In a statement issued on Sunday by the Media Aide the General Overseer of MFM,  Mr. Collins Edomaruse, the church described the article as a malicious falsehood and a mere attempt to attack a man of God.

According to the statement, the publishers of the article have not only opened themselves to a suit in libel but have also commented on a matter which has been judicially determined by a court of competent jurisdiction in the United States of America.

“What the publisher of this falsehood is attempting to portray as recent events is actually the feeble defence of some renegade pastors presented in 2017 to a Court Case commenced in 2017 at the Circuit Court for Prince George’s County of Maryland, USA by Mountain of Fire & Miracles Ministries against Pastors Lawrence Adetunji, Ronke Adetunji.

“Also eleven former members of Mountain of Fire and Miracles Ministries, Bowie, Maryland USA and Christ The Truth Ministry to recover possession of property and monies belonging to MFM international which those renegade Pastors and the eleven (11) conniving members had sought to snatch upon breaking out from the MFM Fold to form a Christ the Truth Ministries.

“The Circuit Court for Prince George’s County of Maryland delivered judgment in that case in 2019 in which it disbelieved the lies of the Defendants, and granted MFM’s claims in their entirety.”

“It is pertinent to note that  the false publication of those very same stories by Sahara Reporters in 2017 has earned it two suits for Libel – one in the United States of America and the other here in in the High Court of Akwa Ibom State, Uyo, Nigeria.

“Also, that a similar publication by ThisDay newspaper of the same false stories citing Sahara Reporters as its source, as has been done in this present instance, has also earned the publishers of that newspaper a civil suit to recover N500bn as aggravated damages for libel. The matter is currently at trial stage in the High Court of Rivers State, Port Harcourt,” it stated.

The statement noted that the publishers of the recent story which it described as falsehood would be charged to court, noting that the publication was a  breach of  Journalism ethics and would be redressed at the appropriate time.

Nigerians Are Taking Over Our Economy, Says Kenyan Professor

Prof Iraki, an Associate Professor at the University of Nairobi, Kenya, has expressed concerns over Nigeria’s growing influence on the Kenyan economy.

In an article titled, “Nigerians Are Not Coming, They’ve Already Arrived”, published in The Standard newspaper, the Kenyan Professor raised alarm over the influence of Nigerian churches, movies and banks in the country.

Iraki was reacting to the recent sale of Kenya’s Transnational Bank to Access Bank of Nigeria, noting that Access was not the first Nigerian bank to get a foothold in Kenya.

“Guaranty Trust (GT) and UBA already have a presence here,” he says. The professor also said many Nigerians marrying Kenyan women was another grand strategy to get into the country’s market.

The rest of the article goes thus: “Why is the buyout so significant to the banking sector and the Kenyan economy? Why didn’t we notice it? Is that the last Nigerian purchase? First, the entry of Nigerian lenders into the Kenyan market was well planned. It started by softening the Kenyan mind with Nigerian churches and Afrosinema movies. That changed the hardened image of Nigerians as corrupt and happy-go-lucky- an outdated image.

“From my interactions, Nigerians are serious and focused. That focus and single-mindedness are often mistaken for pride and arrogance. Once they set their goals on something, they usually get it. The means can be contested, excluding juju. For every Nigerian caught on the wrong side of the law, nine others are doing the right thing, not just in their country, but somewhere in the world. One of them supervised my dissertation.

“I recently met a Nigerian who was a member of parliament in South Africa. In America, they are top administrators in universities, medical doctors, engineers, financial analysts and other lucrative jobs. It has been predicted that Nigeria will soon be Africa’s superpower. And why not? The country has gone through thick and thin, from coups and anti-coups and even a civil war, like the other superpower – USA.”

“For the Nigerians, marrying our girls seems to be part of their grand strategy to get into the Kenyan market; through genes, across generations. What else will Nigerians go for after our banks? Are banks their Trojan horse into our economy? And, more curiously, why is Kenya on sale? Not that I am an economic nationalist, but what are we buying ourselves?

“Some observers argue that lack of buffer communities like Indians and whites may have worsened the ethnic contest among the big Nigerian ethnic groups, and lately minorities. I need to make a fact-finding visit to Nigeria after Covid-19.

“The other prerequisite for Nigerian superpower status includes a significant population (read market) and an educated elite that has footprints in almost all the countries in the world. Oil did not prove a reliable conveyor belt to economic growth; all eggs were put in one basket. With Covid-19, the oil curse seems real.

“The best conveyor to Nigerian superpower status is financial services. Oil needs a countervailing force. By making their banks global, Nigerians – like the British and Americans before them – will leverage onto other sectors. They can control industries, institutions, sectors – and politics indirectly. I am sure you will not see an American, Briton or Nigerian as a cashier in a bank. But who decides how the profits will be shared?

“Access Bank’s entry into the Kenyan market is more than the acquisition of a lender connected with former political power wielders. It is likely to disrupt the banking industry further. The demand for more bank capitalisation by the Central Bank of Kenya and investment in fintech were the first disruptors. We can’t discount Covid-19 for now.

“Remember Access Bank is more capitalised, to the tune of about $18 billion (Sh1.9 trillion). The bank spans three continents, 12 countries and has 36 million customers. Compare that with Kenya’s biggest bank by capitalisation or customers. How will local banks compete with such a big bank? Some could take solace in the fact that the biggest banks in Kenya are indigenous, such as KCB and Equity. Others are merging, including NIC and CBA. But we can’t rest on our laurels.”

Copied from Ohaneze Today News

ISMAILA FUNTUA: AT TIMES LIKE THIS, ONE’S ASHAMED TO BE A JOURNALIST IN NIGERIA!

By Steve Osuji

A MOST DUBIOUS HONOUR: I am scandalized! Any serious journalist in Nigeria today ought to be miffed by this shocking immortalization of a certain Ismaila Funtua, now deceased.

I find it difficult to believe that the leadership of Nigeria’s media elected to name its flagship property after this fellow.

I am full of doubts and scepticism that media leaders in Nigeria sat and reach a consensus to hoist Funtua on our rooftop as the poster boy of Nigeria’s media.

To be sure, could the leaders of the Nigerian Press Organisation (NPO) which comprises the Newspapers’ Proprietors Association of Nigeria (NPAN), Nigerian Guild of Editors (NGE), and the Nigerian Union of Journalists (NUJ) agree on this?
If actually they did, it amounts to nothing short of a harakiri, self-immolation of the media establishment in Nigeria. It is a shame indeed.

I am much distraught that I have to call out my former publisher and friend, Mr Nduka Obaigbena in this matter but being the head of NPAN which serves as a sort of honorary head of our industry today, he will be required to make further explanations and proffer more justification why Ismaila Funtua deserves such an honour in the midst of Nigeria’s rich pantheon of journalism legends.
If we had even one, yes, ONE good reason why this man has been so robed, one would be able to rest easy but here are the reason we have been handed:
“For his untiring contributions to the development of journalism and freedom of press in Nigeria and around the world…”

Other reasons include:

  • the co-founding of Democrat Newspapers;
  • presidency of the NPAN at a time of national crises;
  • life patron of NPAN;
  • serving on the board of the International Press Institute;
  • serving as chairman of board of the Nigerian Institute of journalism.

Now how do all these add up to greatness in media and journalism in Nigeria? How have all these impacted positively on our trade?

Co-founding a newspaper which is not defunct? In fact The Democrat was dead on arrival, making little impact and leaving hardly any imprint on the Nigerian media scene.

And at that, I can count a thousand defunct newspapers and magazines some of which are sorely missed even long after they were rested.

How then could co-founding a paper be big deal? All other so-called achievements tagged to late Funtua are mere honorifics many of which were opportunistic conferments.

A FIELD OF GIANTS: Meanwhile, Nigeria’s media has such a rich history that one is pained to see standards being laid with mediocrity and opportunism.
In an industry peopled by Dr. Nnamdi Azikiwe, Chief Obafemi Awolowo, Alhaji Lateef Jakande, Babatunde Jose, Segun Osoba, Olu Aboderin, Sam Amuka Pemu, Adamu Ciroma, Dele Giwa, Ray Ekpu, Dan Agbese, Chris Okolie, Felix Ibru, Raymond Dokpesi, Nduka Obaigbena, Stanley Macebuh, Wada Maida, Lade Bonuola, Kabiru Yusuf, John Momoh, Tony Momoh, Chris Anyanwu, Ajibola Ogunshola, Lanre Idowu, Frank Aigbogun, Bilkisu Yusuf, MKO Abiola, Orji Uzo Kalu, to name only a few of very numerous illustrious men and women who have impacted our media world and profession in a deep-reaching way.
Where, for instance, would you fit Funtua on this list? A shortlist at that.

How many journalists and media men did he employ sustainably and for how long?

In all his activities in the industry, how many professionals did he mentor? How did he improve the lot of various media businesses or speak on our behalf especially as a close associate of the current government?

I don’t remember any seminal contribution or proposition at any fora for the edification of journalism by Funtua. On what basis, therefore, is this honour?

THE WATCHDOG IS DEAD AND BURIED: One is of the opinion that most of us have long forgotten the import and magnitude of this noble profession. We are now bereft of professional rectitude required of our business; we are on a rollercoaster, it’s now a situation of just anything goes.

It of course explains why JUST ANYTHING ALSO GOES IN OUR DEAR COUNTRY.
Corruption, fraud and scandalous behaviours break out in public offices all around us every day. Governance in Nigeria has become an endless string of scandals and misdemeanors.

This is because our MEDIA AND JOURNALISM HAVE FAILED! The WATCHDOG didn’t only die, something worse happened to it, it became a lap dog – it became part of the problem!

It makes excuses for inept and poor leadership, it covers malfeasance, it colludes with officialdom and it honours rogue officials.

BEATIFICATION OF A VILLAIN: Even if we forgive Funtua’s puny achievements in the media, how can we forgive or feign ignorance of his seeming ignoble roles in governance in Nigeria in the last five years?

It is common knowledge that the late Funtua was a close associate of President Muhammadu Buhari. It is common knowledge that in cahoots with Mamman Daura and a couple of others they represent the kitchen cabinet (read CABAL) of this presidency.

It is common knowledge that this small group may be held responsible for our country’s unyielding slide into a monumental debacle.
Of course, this column is also not ignorant of common stories of alleged unbridled brigandage tagged on this circle, it only chooses to be silent about them.
If these be common knowledge how’s it that our media leadership made up of NPAN, NGE AND NUJ would now seem to collude to uphold and venerate what seems like utter villainy?

Is Nigeria media today some form of Boko Haram in another guise? But even that terror group may get a fairer hearing in the public tribunal for they make not pretences to be pro-society; besides they tend to destroy the physical body.
But our media leadership would be destroying our body, soul and spirit by the time they are done.

SEARING OUR PSYCHE: The renaming of the NIJ HOUSE to Ismaila Funtua House is a sear not only on the very heart and soul of media and journalism in Nigeria, it portends a permanent damage to the psyche of our nation.

UNLESS THIS DECISION IS RESCINDED…
I hold as follows:

  • I shall renounce my membership of the NGE and NUJ,
  • I shall boycott the NIJ HOUSE,
  • I shall seek every opportunity to campaign against this travesty and canvass that all journalists of goodwill should do the same.

▪︎Steve Osuji, Friday, July 24, 2020

Which tactic is there left to try?

By Mahmud Jega

Every now and then, an important item in the news tends to remind me of somethinvg. When Vice President Yemi Osinbajo said last Tuesday that this country should try new tactics in the fight against corruption, he reminded me of Nasiru Imam, Deputy Managing Editor of Daily Trust and long-time secretary of its Editorial Board.

Some years ago, the editorial board was discussing the problem of teachers’ salaries, which were in arrears in many states. One member said the system of paying teachers through State Basic Education Commissions [SBECs] is failing. Another member however said funds for paying teachers’ salaries were once paid directly to local governments. The system was ended because many LGAs diverted them. Yet another member pointed out that in the 1980s-early 1990s, Babangida regime centralized the payment of teachers’ salaries in the National Primary Education Commission [NPEC] but that arrangement also ran into problems. Nasiru Imam dropped his pen, sighed and said, “Every method has been tried. Nothing worked.”

Osinbajo spoke at an Independent Corrupt Practices and Other Related Offences Commission [ICPC] regional webinar on “Combatting Corruption and Illicit Financial Flows: New Measures and Strategies.” He said we must democratize the fight against corruption and protect whistle blowers. Very good. He is looking for another method to fight corruption. In the last 60 years in Nigeria, which tactic have we not tried in fighting corruption?

We have overthrown governments because of corruption. Those who overthrew the First Republic in January 1966; those who overthrew the Gowon regime in 1975; those who killed General Murtala Mohammed in 1976; those who overthrew the Second Republic in 1983 as well as those who voted out the Jonathan Administration in 2015 all alleged that it was due to corruption. We later realized that Sardauna, Balewa, Gowon, Murtala and Shagari had no money.

We tried affidavits. In 1974, Godwin Daboh filed an affidavit against Federal Commissioner for Communications Joseph Tarka while Aper Aku filed another affidavit in court against Benue Plateau State Military Governor, Police Commissioner Joseph Gomwalk, both alleging corruption. We tried a purge. In 1975-76 Murtala purged thousands of public servants in all sectors. He used the harshest words and the sternest language including summary dismissal, dead woods, with ignominy, with immediate effect, betrayed the ethics of their professions, and they should be ashamed of themselves.

We tried Public Complaints Commission, which Murtala formed in 1976 with the hyper-active Yusuf Maitama Sule as its first Federal Commissioner. When that did not work, we tried exhortation. In 1977 Head of State General Obasanjo went to Jaji and made the Jaji Declaration, that Nigeria must create a society that is fair, just, humane and African. It failed.

In 1981 President Shehu Shagari tried an Ethical Revolution. It hardly got off the ground so in 1983, he created an Egypt-style Ministry of National Guidance with Yusuf Maitama Sule as the minister. It made no impact either, so in 1984-85 we tried a War Against Indiscipline, WAI. Buhari/Idiagbon regime launched it in five brutal phases, complete with a WAI Brigade that became notorious for its excesses.

General Buhari also signed the Recovery of Public Property [Special Military Tribunals] Decree no 3 of 1984. The Special Military Investigation Panels turned the doctrine of justice on its head. They said based on a former public office holder’s declaration of assets, he was presumed guilty until he could prove his innocence. Though who couldn’t do so were turned over to Special Military Tribunals, which jailed dozens of former governors, ministers and other top officials, some for up to 300 years. Many governors were jailed for donating public funds to their political parties.

We tried court cases. Gani Fawehinmi filed an innumerable number of suits to challenge every suspected corrupt act by the Babangida regime, including Mrs. Babangida’s pet Better Life for Rural Women. We tried Failed Banks Tribunals. General Sani Abacha created them with much fanfare. They jailed many bankers and bank debtors, even though Abacha himself nearly bankrupted the Central Bank.

Under General Abdulsalami Abubakar, we began efforts to retrieve looted assets. Recovering the Abacha loot has been on for 22 years now. In 1999, President Obasanjo promised in his inaugural address to fight corruption. Five years later he created EFCC and ICPC. Later, EFCC created NFIU, which is now an independent body. We even tried an Anti-corruption Advisory, which EFCC issued just before the 2007 elections.

We tried a Freedom of Information Act but unlike in America, government agencies here routinely ignore FOI requests. Obasanjo also did a Servicom, with units in every ministry and agency but that did not dent corruption. A lot of human rights and anti-corruption NGOs also sprang up in Nigeria, mostly populated by left-wingers who were left ideologically stranded by the East Bloc’s collapse in 1989.

We tried Code of Conduct Bureau for public officers but since their assets declaration is kept secret, the Code of Conduct Tribunal that tries violators has very little work to do. We tried parliamentary Public Accounts Committees. They were very powerful in the First Republic but these days they have no audit reports to work on, since most government agencies never audit their accounts. We tried preaching; Muslim imams and Christian pastors have shouted themselves hoarse from the pulpits against corruption, to no avail. Sometimes they practice if you cant beat them, join them.

Newspaper editors, reporters and columnists also did what they can in the war against corruption. Nearly every day in the last 50 years, exposes of corrupt deeds were the lead stories in many Nigerian newspapers. No one can count the feature articles, opinion columns and editorials written against corruption. In recent years the social media joined in the fight, not always appropriately.

Nigeria Police too did its best, arrested and charged to court thousands of people for acts of corruption, even if they were less than one-tenth of the culprits. Ditto for the courts; they have jailed thousands of people for corruption in the last 60 years, after ponderous trials and appeals, but let many thieves off the hook. In 2007 President Umaru Yar’adua tried adherence to rule of law as an anti-corruption strategy. That did not work either. President Jonathan’s biggest contribution to the anti-corruption war was to make a distinction between ordinary stealing and corruption, which he later said he heard from the Chief Justice.

We tried whistleblowing but the blowers were left unpaid. In the last 10 years, we deployed technological tools including BVN, TSA and EFCC’s Eagleclaw against corruption. They made a dent, but not all that much. President Buhari’s anti-corruption campaign, launched in 2015, at first held the highest promise but it had no blueprint and totally relied on EFCC. It recently came crashing down in flames.

Even the force of personal example did not help. You can’t have a simpler national leader than Prime Minister Abubakar Tafawa Balewa. That iconic 1965 photo of him, on leave in Bauchi, taken by a white journalist, sitting on a local mat, his two children around him, eating sugar cane, no sign of security guards or limos, no mansion behind him, no exquisite furniture, no Persian rugs, no contract files in sight and no fawning aides nearby. Yet he was killed by totally misguided soldiers for alleged corruption.

Sardauna Ahmadu Bello, after being overwhelming Premier of the North for 12 years, governing 20 of today’s 37 states including FCT, had only one personal car, a Pontiac, when he was killed in the January 1966 coup. When I interviewed his personal driver Nuhu Direba in Sokoto in January 1991, he told me that two days after the coup, he evacuated Sardauna’s family to Sokoto in that lone car. It was too small to accommodate their bags so Sardauna’s Principal Private Secretary Hassan Lemu went and borrowed another car. The family left for Sokoto in that two-vehicle convoy.

Sardauna had no house in Kaduna that his family could repair to. Even though under his rule, Ministry of Lands carved out hundreds of GRA plots and allocated them to senior civil servants and merchants, Sardauna got none. In Sokoto too, he had only one modest house even though before he became Premier in 1954, he was the Northern Region Minister of Works, Community Development and Local Governments, in charge of all Emirs, Chiefs and Native Authorities. Before that, he was Councillor in charge of Sokoto NA’s Central Office, i.e. SSG of today’s Sokoto and Zamfara states combined. Which personal example again is anyone talking about?

I wish Prof Osinbajo luck in his search for a new tactic. I can’t think of any that has not been tried already.