Operators of lottery, pools and betting in Lagos are to pay license fee of N20million when a bill being considered by the state House of Assembly becomes law.

The bill entitled; “Lagos State Lotteries and Gaming Authority Bill Arrangement of Sections” went through public hearing on Friday 14th August, 2020 at the state House of Assembly.

According to the bill, “before a license is granted to an operator, the Authority shall be satisfied that the applicant is a registered company in Nigeria with a minimum share capital of N20, 000,000 (Twenty Million Naira) or as may be directed by the Authority.”

It also specified that the local content shareholder shall abide by the regulations, policies, terms and conditions issued by the Authority.

It was also revealed at the public hearing that the new bill, when it becomes law, will consolidate all the laws in the sector and repeal existing laws such as the Lagos State Lotteries (Amendment) Law 2008, the Lagos State Lotteries Law (2004), and the Casino and Gaming Regulatory Authority Law (2007).

Others are Casino and Gaming Regulations (2007), Pools Betting Control Law (2003) and Pools Betting Tax Law (2003).

The Speaker of the House, Hon. Mudashiru Ajayi Obasa said “the world wide gaming is worth $200 Billion. Several Nigerians are involved in games and sports betting.

“Its addictive nature calls for caution, and it is our view that the 2008 lottery law needs an amendment as the bulk of the game are done on mobile gadgets,” he said.

The state’s commissioner for Finance, Dr. Rabiu Olowo, said in his comments that a lot has changed in the Nigerian gaming sector in the last 10 years, and that most of the people involved are youths.

“The future of gaming in Nigeria is bright. The regulations are very robust. The Bill addresses cyber security and addresses the concerns of many people. I want to urge all stakeholders to take it serious,” he said.

The Chairman of the House Committee on Finance, Hon. Rotimi Olowo, said in an interview that the bill was meant to consolidate, gaming and virtual lottery in the state.

“We have different licenses for individual products in the sector. The people have ventilated their opinions and we will work on them.

“The law is not meant for the operators alone; it is also meant for the regulators, we will look into all the areas.”

The lawmaker said that the Bill would help the state to gather enough money that would be used in the health sector, environment and even sports sector.

Olowo stated further that the money is not coming into the consolidated fund of the state, and that it is meant to take care of the welfare of the citizenry.

He explained that the state wanted a law that would consolidate all the laws in the sector.

“The issue of N20 Million would be looked into by the regulators. We would look at the socioeconomic reality and allow sanity into that sector.

One of the stakeholders at the event, Mr. Adebagun Nojeem from Lagos Pool Promoters requested that the stakeholders in the gaming sector should be involved in the State Lottery Board and that the issue of N20 Million share capital should be looked into.

“The issue of N20 Million share capital should be looked into. It would have retroactive effect on the companies that have been registered. Pool is a game of the senior citizens. With the new capital base, we may go under.

“The 10% charges on sales should be reduced to about 2.5%. Penalty of N2.5 Million should be reduced to 1 Million or N500, 000 and the issue of imprisonment should be removed,” he said.

Also speaking, Mr. Tokunbo Akande from the Lagos Internal Revenue Service (LIRS) said that licensing fees or royalties should be used in the bill instead of taxes and that there should be rooms for dispute resolutions in the bill.

On his part, Mr. Niyi Adekunle from Grand Lotto said that the first license fee for lottery was issued in 2008 for N200 Million, which he said, was huge money.

Hints at debt sustainability crisis

The Federal Government has said the likelihood of Nigeria sliding into another recession in the Third Quarter of 2020, making it the second time within four years.

The government said the COVID-19 pandemic resulting in crash of global oil prices among other economic factors had adversely affected the nation’s economy, with the Gross Domestic Product growth for Q2 most likely to be negative.

The Minister of State for Finance, Budget and National Planning, Clement Agba, said this in Abuja on Thursday at the beginning of a five-day interactive session on the 2021-2023 Medium Term Expenditure Framework and Fiscal Strategy Paper.

The event was organised by the House of Representatives’ Joint Committee on Finance; Appropriation; National Planning and Economic Development; and Aids, Loans and Debt Management.

The World Bank had in July warned that the collapse in oil prices resulting from COVID-19 pandemic was expected to plunge the Nigerian economy into a severe economic recession, the worst since the 1980s.

The global bank had stated this in its latest Nigeria Development Update.

Agba had read out a written presentation by the Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed, titled ‘Draft 2021-2023 MTEF/FSP: Presentation to the House Finance Committee.’

The minister said the Nigerian economy faced serious challenges in the first half of 2020 with the microeconomic environment significantly disrupted by the pandemic.

The document partly read, “The impact of these developments is about 65 per cent decline in projected net 2020 government revenues from the oil and gas sector, with adverse consequences for foreign exchange inflows into the economy.

“Nigeria is exposed to spikes in risk aversion in the global capital markets, which will put further pressure on the foreign exchange market as foreign portfolio investors exit the Nigerian market.

“Nigeria’s Q2 GDP growth is in all likelihood negative, and unless we achieve a very strong Q3 2020 economic performance, the Nigerian economy is likely to lapse into a second recession in four years, with significant adverse consequences.

“In response to the developments affecting the supply of foreign exchange to the economy, the Central Bank of Nigeria adjusted the official exchange rate to N360/USD1, and more recently to N379/USD.

“The disruptions in global trade and logistics would negatively affect Customs duty collections in 2020.

“The COVID-19 containment measures, though necessary, have inhibited domestic economic activities, with consequential negative impact on taxation and other government revenues.

“Consequently, the projections for Customs duty, stamp duty, Value Added Tax, and Company Income Tax revenues were recently reviewed downwards in the revised 2020 budget.

“Customs revenue has generally performed close to target over the last few years, exceeding target in 2019.”

While noting that there had been some improvement in Company Income Tax and VAT remittances, the minister said the Federal Government expected significant improvements in VAT collections with the new VAT rate of 7.5 per cent.

The minister said, “Over the past five years, actual revenue performance averaged 61.4 per cent.

“Some of our reforms are yielding positive results, with significant improvements between 2018 and 2019. We believe we can do more to improve revenues, especially remittances from GOEs, possibly up to N1tn per annum.”

Speaking on the key assumptions of the MTEF/FSP, the minister, among other, said, “Inflation, however, is expected to remain above single digit over the medium term, given the structural issues impacting on cost of doing business, including high cost of distribution.”

On management of the fiscal crisis, the minister noted that fiscal measures were being instituted to improve government revenue and entrench a regime of prudence, with emphasis on achieving value for money.

“The goal of fiscal interventions will be to keep the economy active through carefully calibrated regulatory/policy measures designed to boost domestic value addition, de-risk the enterprise environment, attract external investment and sources of funding, etc.,” the minister stated.

The minister noted that the draft 2021-2023 MTEF/FSP was prepared against the backdrop of a global recession and heightened global economic uncertainty.

The document further read, “The medium-term outlook for Nigeria suggests that fiscal risks are somewhat elevated, largely due to COVID-19 related disruptions, which have exacerbated structural weaknesses in the economy.

“Nigeria faces significant medium-term fiscal challenges, especially with respect to its revenues, which, if not addressed, could snowball into a debt sustainability crisis.”

Already, Nigerians are becoming agitated by the rising debt profile of the country, with the National Assembly raising concerns over external loan agreements between Nigeria and global bodies, especially the China Export Import Bank.

PUNCH

The Supreme Council for Shari’ah in Nigeria (SCSN) has called for the revisit of the death sentence passed on prominent sons of Zango-Kataf following the 1992 bloody crisis saying the law must be allowed to  take its full course.

The 1992 incident which claimed the lives of hundreds of persons occurred during President Ibrahim Babangida regime, which set up a tribunal, headed by the late Justice Pius Okadigbo to try Maj-Gen. Zamani Lekwot (retd), late Major James Atomic Kude (retd) and other Kataf indigenes alleged to have been complicit in the crisis.

Justice Okadigbo in his judgment had sentenced Lekwot, Kude, Yohanna Karau Kibori, Marcus Mamman, Yahaya Duniya and Julius Sarki Zamman Dabo to death by hanging over complicity in the crisis. Lekwot and the other convicts, however, were granted state pardon in 1995 by  Gen. Sani Abacha.

Secretary of the SCSN, AbdurRahman Hassan, at a press conference, yesterday,  said all those sentenced to death, but pardoned by the  military regime, should be executed by the present government.

“We want those pardoned in 1992 during Zango-Kataf crises, after being condemned to death to be executed now, because that is the only way peace will return to the area. Till now Zonkwa is still a ghost town. Surprisingly  Christian Association of Nigeria (CAN), Southern Kaduna People’s Union ( SOKAPU) and their allies had never cried foul in the massacre of innocent law abiding citizens on the account of their faith. Many more ethno-religious crises continued to occur in Kasuwan Magani, Kajuru, Zangon Kataf and some other places,” Hassan said.

Hassan said after every crisis in the area,  a commission of enquiry is usually inaugurated, but the reports submitted to the government never implemented.

“For instance, late Justice Pius Okadigbo’s tribunal on the Zangon Kataf crises, found Gen. Zamani Lekwot and others guilty of the massacre that took place there and were sentenced to death, but they were later pardoned.  That was what opened the floodgate of violence, mayhem, upheavals and total breakdown of law and order in that axis, which is ravaging the area till today,because some people felt they are above the law. The Council have been saying time without number that all those found guilty in these crimes against humanity, must face the wrath of the law,” he said.

When asked to react to the position of the Shari’ah Council, President of the Southern Kaduna People’s Union (SOKAPU), Jonathan Asake said: “I can’t comment on it without seeing the press briefing.”

Military deploys special operations 

The Defence Headquarters has said  in its efforts to curb the recent attacks and isolated killings in Southern Kaduna, it has deployed special operations forces to various flash points in the area.

Coordinator, Defence Media Operations, Maj.-Gen. John Enenche, stated this at the updates briefing on military operations across the country in Abuja.

“In a bid to curb the recent attacks and isolated killings in Southern Kaduna, troops of Operation Safe  Haven have continued to intensify efforts aimed at securing the lives and property in the general area. Particularly, Special Operations Forces have been deployed to the Joint Operations Area covering the various flash points. This move is expected to achieve the desired result with the provision of credible and actionable intelligence specifically from primary sources,” he said.

Enenche, however, urged the locals to cooperate with the military by supplying credible and reliable information that would help troop in their operations.

He also urged  the public not to give false information on the issue of terrorism or banditry in Kaduna.

Eneche denied the allegation that the troops in Baga were indulging in other activities other than fighting the war, stressing that the allegation was unfounded and baseless.

According to him, “for the past one month, we have witnessed downward trend in the activities of armed bandits and cattle rustlers in the general areas of Katsina, Kebbi, Zamfara, Sokoto and adjoining states.

“Most of these criminal elements have been decimated. Gradually there is restoration of human activities in the zone. Farmers have returned to their farms, while other economic activities have picked up across the zone. The troops have continued to dominate the general area with clearance patrols, aggressive fighting patrols and confidence-building patrols.

“The High Military Command congratulates the troops for the feat recorded and encourages the good people of the zone to continue to provide credible information to the troops,” he said.

Enenche said the military had also continued to sustain the tempo in the fight against terrorism in the North East with attendant successes.

He said that within the period under review, there had been reduction in the number of incidences recorded so far from the zone.

“That is an evidence of  troops overwhelming superiority over the criminal elements which have drastically degraded the operational capabilities of the BHT/ISWAP elements. Troops have also sustained the clearance operations, aggressive patrols and intelligence surveillance reconnaissance missions, sustained air offensive operations as well as artillery and aerial bombardments in the theatre of operation,” he said.

Cleric chides Presidency on spike in crime rate, Southern Kaduna killings

General Supervisor of ThankGod Awaited Liberation Ministry, Ikeja, Lagos, Prophet Francis Onwudiwe Otukwu, has flayed the Presidency over the continued killings in Southern Kaduna and the increasing rate of blood-letting by criminal elements in the country.

He also decried  the sleaze by political office-holders and civil servants amid crushing  poverty, debilitating unemployment and absence of social nets, despite the fast-spreading pandemic in an environment of inadequate health-care facilities.

Prophet Otukwu was speaking at the 14th anniversary of the church with the theme “Jesus is the way” (John 14:6). He regretted the growing incidents of crimes, like ritual killings and rape in which some churches have been implicated, adding: “It is unfortunate that even at this end-time, people who call themselves Christians engage in shameful immoral and despicable acts because of their inordinate quest for instant wealth, fame and funs of life.”

On rising wave of killings by bandits, herdsmen, kidnappers, cultists and armed robbers across the country, he reiterated his earlier call on the Federal Government to urgently re-examine the nation’s security architecture in the light of the near-total breakdown of law and order in parts of the country, including the performance of the Nigerian military against the terrorist Boko Haram fighters in the North-East, which governors in the zone berated last week.

“What convincing reasons will the Presidency and Kaduna State government offer for the prolonged one-sided killings going on in Southern Kaduna, in the presence of Nigerian soldiers and policemen?”  he queried.  The cleric said the trend  leaves much to be desired about equity and fairness in the country.

He also wondered how the Presidency hopes to persuade Nigerians on commitment to the war against corruption, when public office holders and civil servants, including federal legislators are being implicated in stealing public funds, either directly or through inflated contracts that were not executed even after the politicians have been fully paid.

Rivers State Governor, Nyesom Wike says the All Progressives Congress-led Federal Government has failed Nigeria.

Wike disclosed this on Thursday while receiving the newly inaugurated Executive Council members of the Peoples Democratic Party (PDP) who paid him a courtesy visit at the Government House in Port Harcourt, the state capital.

While charging the PDP members to focus on governance rather than playing politics, he said the move is necessary to demonstrate a commitment to the people.

According to him, the ruling APC has failed to deliver on its electoral promises, adding that Nigerians are hoping on the PDP.

“APC has failed Nigeria. Nigeria is hoping on PDP. There is nothing anybody can talk about again. This is no more time for politics.

“You have promised and you have failed, nothing to try you again. We have tried APC and it has not worked.

“Nigerians have realised that it is better they stay with PDP that has the future, that has the interest of Nigeria than the party that gives excuse every day.

“We are tired. You know there is a problem with Nigeria and you make promises that if you vote for me, I will do this. Now they have voted for you, yet you cannot solve the problem. The party cannot solve any problem,” he said.

Speaking further, the governor charged the party exco members to respect COVID-19 safety protocols.

He also asked them to run an inclusive party for all in order to maintain victory in future polls in the country.

This is Born out of the fact that some believe that the mandatory membership of Lawyers in the NBA is not provided in statute for Constitutional reference and as such a breach of the Right to freedom of Association as stated in the 1999 Constitution. Most recent of such arguments are the articles titled ‘The Freedom of Association and the NBA” written by Seun Lari Williams and a rejoinder on same topic written by his learned friend, Ebi Robert.

However, the court seem to have given a judicial pronouncement on the issue following the case of N.B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A where His lordship NIMPAR.JCA observed as follows:

“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer. See Chinwo v. Owhonada (2008)3 NWLR (Pt.1074)341. Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directive of the Association”

The court went further to speak on the status of the NBA, and whether it has the authority to regulate the legal profession.

The Court of Appeal per TUKUR, JCA at page 246 in the NBA v. KEHINDE

(supra) put the points lucidly as follows:
“I agree with the arguments of appellant’s counsel to the extent that the NBA is statutorily recognised by the Legal Practitioners Act. This was why my Lord Hon.Justice Obaseki,(JSC) in the case of Chief Gani Fawehinmi v. Nigerian Bar Association & Ors (No.2) (1989) LPELR-1259( SC)PP. 92-93,paras. C-E, (1989)2 NWLR (pt.105) 558 at p.628, paras. G-H while commenting on the status of the Nigerian Bar Association stated thus: “The Constitution of the Nigerian Bar Assocition is not a statutory instrument. It is not a subsidiary legislation to the Legal Practitioners Act….It was accorded its due superior position by the Legal Practitioners Act, 1975 in the conduct of the affairs of the Nigerian Bar Association by the General Council of the Bar”

A recent example of the recognition of the Nigetian Bar Association’s regulatory role in the Legal Profession is the issue of seal and stamp, which flows from the provisions of the Rules of Professional Conduct 2007, which is a subsidiary legislation.

Rule 10( 1) of the Rules of Professional Conduct provides thus:
” A Lawyer acting in his capacity as legal practitioner, legal officer or adviser of any Governmental deparment or Ministry or any Corporation, shall not sign or file a legal document unless there is affixed on any such document a seal and stamp approved by the Nigerian Bar Association”

In the case of Bello Sarkin Yaki v. Senator Atiku Bagudu (2015) LPELR 2571 (SC), (2015) 18 N.W.L.R (Pt. 1491)288 the apex Court held that failure to affix the seal and stamp as approved by the Nigerian Bar Association, on a legal document renders such document voidable.”

Following the foregoing, it is obvious the Court of Appeal’s point of view concerning ”The Election to join the profession” as a road to automatic enrolment. This is to say that every lawyer called to the Nigerian Bar automatically becomes a member of the NBA. This seems to be close to the argument of the learned writer, Chioma Unini and Ebi Robert, Co-Editor of TheNigerialawyers, and until the Supreme Court says otherwise, the mandatory membership of the NBA remains the Law.

The Rivers State High Court sitting in Port Harcourt and presided over by Hon. Justice Charles Nwogu, has today delivered judgement in suit No.PHC/652/CS/2020 filed by the Attorney General of Rivers State against Shell Petroleum Development Company(SPDC) of Nigeria Limited.

The Rivers State Government had claimed that SPDC Defendant’s/ Judgment Debtor Interest in it’s fixed landed assets comprised in Kidney Island Base, Port Harcourt and interests in Lands comprised in Oil Mining Lease No. 11(OML 11) sold to the Claimant pursuant to the execution of the combined court judgments in Suit No.FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No.SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999( as amended).

The Claimants further claimed that the continued defiant appropriation (despite the completed sale) of possessory and usufructuary including pecuniary accruals in respect of it’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title, and pecuniary interests therein.

That SPDC is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11 including arrears of commercial rents for their use of the said property from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

The Court in a considered judgment upheld the claims of the Rivers State Government in the following terms:

SPDC Judgment Debtor’s interests in it’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 sold to the Claimant pursuant to the execution of the combined Court judgments in Suit No. FHC/PH/231/2001; CA/PH/396/2012 and the Supreme Court Appeal No. SC 731/2017 is consistent with the command contained in Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999( as amended).

That the Defendant’s continued defiant appropriation(despite the completed sale) of posssessory and usufructuary rights including pecuniary accruals in respect of it’s fixed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 infringes on the Claimant’s vested respective rights to title and pecuniary interests therein.

Also that the Defendant is bound to render accounts to and pay over to the Claimant all accruals from the Defendant’s continued appropriation of the pecuniary interests in the said OML 11 including arrears of commercial rents for their use of the Kidney Island Base and Jetty from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

That the Claimant ought to be accorded with all interests, rights, privileges and benefits derivable from its acquisition of Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

That the Claimant is entitled to the Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and the license in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

An Order compelling the Defendant, their agents, assigns, representatives, privies or whosoever called to accord the Claimant with all rights , privileges and benefits accruable from its purchase of Defendant’s fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 in accordance with the title documents issued by the Deputy Sheriff of the High Court of Rivers State.

The Court directed the Defendant to account for and handover to the Claimant all monetary accruals it had made from its continued appropriation of the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11 from the date the Deputy Sheriff of the High Court of Rivers State issued title documents thereon to the Claimant until the Defendant peaceably yields up possession thereof.

The Court also perpetually restrained the Defendant, their agents, assigns, representatives, privies or howsoever called from embarking on acts or omissions adverse to the title, right and interest of the Claimant over the fixed landed assets comprised in its Kidney Island Base, Port Harcourt and interests in Lands comprised in OML 11.

Finally, the Court condemned SPDC’s continued violation of the legal process by her continued occupation of the said Kidney Island Base, Port Harcourt and other properties already acquired by the Rivers State Government.

Paulinus Nsirim
Commissioner for Information and Communications

August 13, 2020.