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Rules are necessary, but they are not enough – TI Chair

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By Abdullahi Mohammed

 

The chair of Transparency International (TI), Ms Delia Ferreria Rubio has said that although rules are necessary, they are not enough. She said this to the Minister of Information, Lai Muhammed, when she paid him a courtesy visit in his office together with Auwal Musa Rafsanjani, the Executive Director of Civil Society Legislative Advocacy Centre (CISLAC) – local chapter of TI – during her visit to Nigeria.

She said that TI, through it’s local chapter in Nigeria – CISLAC – is willing to cooperate with the Ministry in the fight against corruption. She also asked that the fight be institutionalised so the same issues do not arise when another government comes into power.

In his response, the Minister, Lai Muhammed, welcomed the TI chair to Nigeria and thanked the TI chair for making Nigeria her first point of call in Africa. He mentioned that there is no government that has been as transparent as this administration.

“TI and CISLAC fail to see and appreciate the sociological dynamics of fighting corruption. They do not look at the picture but condemn the efforts of the government, like in tha case of the Corruption Perception Index (CPI)”

“NGOs have constituted themselves as an opposition party. There should be constant interaction with the government instead.”

While pointing out that TI only collates the report of the perception of corruption from various institutions like the World Bank and analyses it, the Executive Director of CISLAC, Mr Auwal, stated that NGOs support the government when they are doing well and raise red flags in areas where they are not doing well. He also mentioned that CISLAC has in various capacities interacted with government and have assisted in capacity building in so many areas, which shows that the organisation is interested in the success of the country.

The Minister mentioned that his office is open for collaboration to aid the government in its fight against corruption.

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Oshiomhole To Saraki: Resign Honourably Or Be Impeached Democratically

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By Abdullahi Mohammed

The National Chairman of the All Progressives Congress (APC), H.E. Comrade Adams Oshiomhole addressed a press conference on Friday at the Party’s National Secretariat calling on the Senate President, Dr. Bukola Saraki to immediately resign honorably or be impeached according to law and democratic norms.

The APC National Chairman spoke extempore.

Excerpts:

We decided to call for this press conference basically to respond to issues raised by the Senate President, Dr. Bukola Saraki during his press conference. It is important that we respond to some of the issues he canvassed, so that the public is not misled into turning villains into heros and twisting the facts that are not hidden to the Nigerian public. It is important that we help the Nigerian public by refreshing their memories.

The Senate President raised the issues of the fact that he has always acted not on the basis of his own personal interest, but that he has always acted on the basis of national interest. The truth is that it is doubtful if the Senate President has ever acted either in the National interest or in the interest of his own political party before his defection recently. Without going back to ancient history, it is important to look at how Senator Bukola Saraki became the President of the Senate. He decided, clearly, against the party position to enter into a deal with the opposition Peoples Democratic Party (PDP) and got a faction of the PDP, taking advantage of the fact that majority of the APC senators were holding a meeting at the International Conference Centre to resolve the issue of leadership of the senate and other principal officers that are expected to be produced by the ruling party with majority senators. Because he has put his personal interest over and above the interest of the party, he went into alliance with the PDP and conceded the position of Deputy Senate President to the opposition in other to obtain their support for him to become the Senate President. So, for the first time in our democratic history in Nigeria, we had a situation whereby, whereas the APC had majority of Senators, it went on to elect a PDP person as Deputy Senate President. This action alone portray Senator Saraki for who he is and that his personal interest come before any other interest, including national interest and that of his political party.

Having gone into this unholy alliance with the opposition and mortgaging the rights of the ruling party, he appointed opposition senators to head sensitive and strategic committees whose activities can affect either for good or for bad, the working of government and the relationship between the government and the legislature. Senator Saraki did that in other to continue to protect himself against the wishes of his party as Senate President. That showed that the only thing that was constant in his mind was to cling on to the position of Senate President even if it is at the expense of his own party and the country.

Even the media has consistently drawn attention to how Senator Saraki is managing the Senate to the extent that questions have been raised as to whose interest the Senate was serving.

You do not have to be a partisan politician to appreciate that in an election year, every democratic government around the world would do everything possible to ensure that it is seen to be working for the people of the country. Like any other political party in government, Nigerians expected the APC government under President Muhammadu Buhari to do everything possible this year to make up for lost time in terms of budget implementation and addressing critical infrastructures without which sustainable development is impossible. The Senate under Senator Saraki chose to delay the budget up to the end of the first half of the year and to coincide with the period of the rainy season such that those aspects of infrastructure such as roads cannot be constructed during the rainy season. These were not errors under his leadership, but clearly designed to frustrate the capacity of the government to address critical infrastructural deficit without which the ordinary man cannot feel the impact of government.

Again on receipt of the budget, the President cried out that it was a clear distortion from the well thought proposal that he submitted to the National Assembly. He appreciated that while they can make alteration to the budget, he did not expect that it will be completely rewritten as to make far more provisions for recurrent expenditure with very little for capital projects. He said this budget will be difficult to implement.

So, when I said he has never put the interest of Nigeria first, I support this statement with reference to the deliberate delay of the budget and deliberate manipulation of the provisions in the budget in a way that will compromise the capacity of the government to address critical infrastructures.

It is no longer a secret that as Senate President, he tried to conspire with others to create a semblance of division within the ruling party having failed to truncate the National Convention, when they assembled a handful of people who were neither delegates nor contestants for any office at the National Convention. There is nothing for me to add to the illegality of this action and the false foundation that Senator Saraki tried to leave than to adopt the well thought out presentation of Femi Falana SAN.

Those things did not portray him as someone who is concerned about sustaining democracy because sustaining democracy also implies absolute commitment to the rule of law. If the rule of law is compromised and Nigeria is reduced to a banana republic where it will be survival of the fittest, he is probably not the strongest man in town to cling on to that office. So, each time he takes an action that constitute a breach of the constitution, he is, by his own action undermining the foundation and weakening the fabrics of our democracy.

However, upon his illegal defection, which he had to do hurriedly because the number of Senators he was playing on their fears that they will not be able to return to the Senate.

At a point, he had on his list, about 36 Senators who were about to defect. But consequent upon our election, we took pre-emptive steps to reassure some of those senators. The first meeting we held after our election was with Senator Saraki to try and listen to what I called negotiable and verifiable grievances and this I did in company of the Vice President and he acknowledged that those steps were taken when he was leaving. But however, his real grievances are not negotiable which is about ambition, value and his fundamental values and the values of the APC. When he defected, he went to Ilorin to tell the people part of the truth that he was leaving for two reasons. He alleged that President Buhari gave out over 200 juicy appointments without allocating some to him and he choose to speak for the Speaker of the House of Representatives that he was also not given. My question is, giving Saraki, the Senate President juicy position, does that coincide with the Nigerian project? Or the interest of the people of Kwara State of his Senatorial zone? At no time did he refer to the interest of the people of his constituency or the people of Nigeria.

The second reason he gave was that he was being persecuted. That is alleged persecution of his person and not his people. He never pretended that any of these actions had anything, to do with the people of Nigeria, but his person. I think the governor of Kwara State was more explicit in corroborating his claim when he said that he as governor and Saraki as Senate President were being linked to armed robbery cases. Again, that has nothing to do with the Nigerian project or the Kwara people. What is the truth? Who linked Senator Saraki to armed robbery? Was it the federal government t or arrested armed robbers? It is the armed robbers that alleged that the weapons with which they carried out the operation were procured for them by the Senate President. This is contained in the police report which is no longer a secret. He has not denied knowledge of these people. So If armed robbers linked the name of the Senate President, is the APC or the government to blame? A crime that led to the killing of about 35 persons cannot be dismissed with a wave of hand and in any jurisdiction, when your name is linked to such heinous crime, people don’t clap for you. It is the duty of the security agents to investigate and establish whether they are valid or invalid. So, if he was linked to armed robbery, that cannot be an offense of the government or the APC. The best defense I have heard is that the robbers said that he did not ask them to use the weapon for armed robbery.

In support of my thesis that Saraki has never acted in the national interest, my final submission is on the way he adjourned the Senate. The senate calendar is not secret to the presiding officer and the calendar that was known was that the senate was going to adjourn on a Thursday. But by Monday night, Saraki used his guest house, wrote out names of Senators with provision for them to sign for senators to decamp from the APC to the PDP, but some of the senators refused to sign. That is what frustrated his calculations to turn the APC to a minority party in the senate. Is it a coincidence that as he was reading the names of defectors in the senate, his counterpart in the House was also doing same? So there was coordination for defection day. But happily, the pre-emptive measures we have taken to address genuine grievances frustrated their number such that from 36, he could not get more than 14 senators to decamp including one that subsequently overcame the manipulation.

Between Tuesday and Thursday, the Senate was expected to discuss the supplementary budget for the Independent National Electoral Commission (INEC). INEC requirements are not things that you buy from the shelf. You have to order them from the manufacturers and so, time is of the essence. But the senate under Saraki adjourned without considering the matters before it including the budget for INEC. So, if Saraki adjourned the Senate ahead of schedule to resume towards the end of nominations, can that act be said to coincide with national interest? If you decide to frustrate INEC by denying it the funds that it requires, can you be said to be a defender of democracy? If INEC don’t get their funds and therefore are unable to conduct t credible election, will that not lead to further consequences for our democracy?

So, I submit that Saraki’s actions were calculated to undermine democracy. Those who fought for democracy did not do it so that it can be at the mercies of a Senate President whose interest is clearly at variance with national interest. There was a request for virement which was also not considered.

A substantial part of the 2018 budget meant for capital project was supposed to be sourced through loans and under the constitution, you cannot borrow from foreign countries without the express endorsement of the National Assembly. Without those loans, the budget cannot be implemented. While this was pending, Senator Saraki put his personal interest above his office and choose to adjourn the Senate , leaving this huge national issues unattended to. So, for an officer that behaves like that, how can he argue that anything he did was not about himself? Everything he did has never been informed by national interest. There are also allegations of lack of transparency and we have seen Nigerians trying to demystify what they earn. We have an arm that is completely unaccountable because of the way he has presided.

Therefore, his attempt to use the incident at the National Assembly on Tuesday to portray himself as the conscience of the nation is to insult our collective intelligence as a people.

There is the futile attempt he has made to suggest that the Tuesday’s incidence was an attempt to carry out an illegal impeachment. How can a presiding office arrive at such a conclusion that there was a plan to carry out an illegal impeachment? Until an action takes place, you cannot determine the outcome, if impeachment itself is unlawful, then you can understand where he is coming from. It is lawful to impeach anyone, including the President the Senate and his deputy if the number required to do so is present. So, he cannot pre-empt that. From their own statement, they claimed to be aware that the Senate President was going to be illegally impeached and so mobilized thugs to the Senate. They told the world that they have adjourned till 25th September. But meanwhile, about 15 PDP Senators were in the Senate and imported thugs that molested two of our members they saw in the senate. If APC Senators were not in the Senate and it was PDP Senators that were there, what is the basis of the false claim that there was an attempt to carry out an illegal impeachment? In any case, Saraki is not going to be the first Senate President to be impeached and I doubt if he is going to be the last. But definitely, he will be impeached according to law and democratic norms. The only way he can avoid impeachment is for him to do what is honourable.

We saw Senator Godswill Akpabio who was the PDP leader in the Senate. Once he made up his mind to leave the PDP, he wrote to inform the PDP even before his defection that he was resigning. So, Senator Saraki has demonstrated neither character nor being a man of honour. I told him when we held a meeting that he came to join the APC as a Senator and it is on our platform that you became Senate President. Once you made up your mind to leave, the honourable thing to do is to resign as Senate President. If he does not resign, he will be impeached according to law and not by thuggery or by mob or anything that undemocratic. He cannot sustain a minority rule in the Senate and that is what is haunting him in the Senate.

When I say that the Senate President will be impeached, let me emphasise that he will be impeached properly according to law. The constitution is clear how a presiding officer can be impeached and because several impeachments has taken place, we are not about to witness what has not taken place before. We have enough precedent to fall back on. I have looked at the constitution which does not say that an impeachment is illegal. It is done, you cannot arrive at the conclusion that it is unlawful. How can we be accused of planning an illegal impeachment when it has not commenced. If he thinks that by saying that he will pre-empt the APC from having him impeached, he is deceiving himself. I think that the time of Saraki is over. The way he has manipulated the politics of Kwara state, he fails to understand that the Nigerian project is far more complicated than being at the mercy of his own dynasty. He will not only be impeached, we will work hard to have him defeated as a Senator in his own Senatorial zone come 2019 by the people of Kwara state who are fed up with SarakiI. Go and check the results of the elections that made him a Senator and you will find out that the President got more votes from Kwara Central than Saraki got for himself. So, he can’t claim that the vote the APC got from his Senatorial zone was because of him. That is why his leaving is of no political consequences as far as electoral issues are concerned. We tried to talk to him, not out of fear, but out of conviction that as a presiding officer, there are rules of engagement.

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London Court of International Arbitration finds the Djiboutian Government’s Seizure of Doraleh Terminal Illegal

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By Abdullahi Mohammed

Tribunal declares validity of the concession agreement

An Arbitral Tribunal of the London Court of International Arbitration (“LCIA”) today confirmed the illegitimacy of the Government of Djibouti’s action of seizing control of the Doraleh Container Terminal from DP World . The LCIA Tribunal has ruled that Doraleh Container Terminal’s Concession Agreement “remains valid and binding notwithstanding Law 202 and the 2018 Decrees”. Law 202 and the referenced decrees were devices enacted by Djibouti to seek to evade Djibouti’s contractual obligations, and these have been found to be ineffective in law. DP World will now reflect on the ruling and review its options.

On 22 February 2018, the Government illegally seized control of the Doraleh Container Terminal from DP World, who designed, built and operated the terminal following a concession awarded in 2006. The Terminal is the largest employer and biggest source of revenue in the country, has operated at a profit every year since it opened, and has been found to have been a “great success” for Djibouti under DP World’s management.

The illegal seizure of the Terminal followed the Government’s campaign to force DP World to renegotiate the terms of the concession. The Concession terms were found to be “fair and reasonable” in 2017 by another LCIA tribunal led by Lord Leonard Hoffmann, Peter Leaver QC and Sir Richard Aikens, all highly respected English jurists.

Following the enactment of Law No. 202 in Djibouti, which purports to empower the Government to terminate its infrastructure agreements, DP World was compelled to commence a new arbitration in February 2018 seeking a declaration that the Concession Agreement was valid and binding on the Government. The Tribunal, comprised of Professor Zachary Douglas QC, has definitively confirmed that the Concession Agreement, which is governed by English law, remains binding and in force notwithstanding the Government’s purported termination of it under Law 202.

DP World is a leading enabler of global trade and an integral part of the supply chain. It operates multiple yet related businesses – from marine and inland terminals, maritime services, logistics and ancillary services to technology-driven trade solutions.

With a portfolio of 78 operating marine and inland terminals supported by over 50 related businesses in over 40 countries across six continents with a significant presence in both high-growth and mature markets, the company enjoys strong relationships with governments around the world, working in partnership to strengthen economies through investment in infrastructure and the implementation of smart trade solutions.

Notes to the Editors

DP World Doraleh (Djibouti) – facts at a glance

Concession agreement signed in 2006
Shareholding structure: 67% government of Djibouti and 33% DP World
Quay length: 1,050 metres
Number of berths: 3
Annual capacity: 1.2 million TEU
Built and operated by DP World, Doraleh Container Terminal (DCT), is widely recognised as the most advanced container terminal on the east coast of Africa, enabling safe, smooth and efficient movement of cargo in and out of the country. The terminal is Djibouti’s single biggest employer and is responsible for creating thousands of jobs – both directly and indirectly – for people in the local community

Background

2009: Official opening of Doraleh Container Terminal in the presence of The President of Djibouti Ismail Omar Guelleh, Sultan Ahmed bin Sulayem, Sheikh Ahmed Bin Mohammed bin Rashid Al Maktoum.
The ceremony was attended by more than 400 local and foreign guests. President Guelleh’s statement on DP World and Dubai’s contribution to Djibouti’s growth: ”By constructing and inaugurating this terminal, the long-thought dream of the people of Djibouti has turned into a tangible reality thanks to support lent by Vice President and Prime Minister of the UAE and Ruler of Dubai H. H. Sheikh Mohammed bin Rashid Al Maktoum, for whom we harbour deep respect and gratitude.

2000: DP World and the Djibouti Government establish a joint venture to operate the Port of Djibouti.
The partnership leads to the joint venture building the nearby Doraleh Container Terminal.
Stimulates the economy, supports trade, creates jobs.
Doraleh has capacity to handle 1.2 million TEU (twenty-foot equivalent container units) annually, the largest and most modern terminal in East Africa. Its 18 metre draft and 1050 metre quay handle the largest ships in service, including 10- 15,000 TEU “Super-Post-Panamax” vessels. Capacity at the terminal is set to grow in line with market demand to around 3m TEU over time.
Djiboutian trainees contribute to operations at the company’s other African terminals, such as Dakar, Senegal.
Following the official opening, DP World Chairman launches the newest wing of the Kempinksi Djibouti Palace Hotel, a Nakheel Hotels project.
Djibouti President and Sheikh Ahmed Bin Mohammed Bin Rashid Al Maktoum open a 16 km road linking Djibouti with the new terminal, donated by Sheikh Mohammed and named after him. The USD 21 million road has four lanes in both directions

DP World Contribution to Djibouti’s Economy

As a foreign investor that has invested millions of USD in the country, DP World has added greatly to the economy of Djibouti throughout the years.
It has consistently contributed 12% to Djibouti GDP
It has grown origin and destination cargo by 380% in the last 14 years
It grew volumes over 70% in 2017 and was aiming for 80% in 2018

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Rome Statute 20th anniversary high-level commemorations generate strong calls for justice

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By Abdullahi Mohammed

 

High-level representatives of more than 30 States in attendance included the President of the Federal Republic of Nigeria

 

An event was held at the headquarters of International Criminal Court (“ICC” or “the Court”) , in The Hague, The Netherlands, to mark the 20th anniversary of the adoption of the Rome Statute of the ICC. High-level representatives of more than 30 States in attendance included the President of the Federal Republic of Nigeria, representatives of national Senates and Parliaments, Ministers of Foreign Affairs and Justice, as well as officials of international and regional organisations, civil society and academia. Speakers reiterated their support to justice and accountability for the gravest crimes listed under the Rome Statute.

The event featured a keynote address by the President of Nigeria, H.E. Mr Muhammadu Buhari, as well as remarks by the President of the Assembly of States Parties to the Rome Statute, Mr O-Gon Kwon; ICC President, Judge Chile Eboe-Osuji; ICC Prosecutor, Mrs Fatou Bensouda; ICC Registrar, Mr Peter Lewis; UN Under-Secretary-General for Legal Affairs and Legal Counsel, Mr Miguel de Serpa Soares; Chair of the Trust Fund for Victims (“TFV”), Mr Motoo Noguchi, and other high-level guests.

In his opening remarks, the President of the Court, Judge Chile Eboe-Osuji, recalled that the Rome Statute was adopted with a vision of a world in which atrocities that shock the conscience of humanity would no longer be committed with impunity. He said that reflections on the 20th anniversary of the treaty should concentrate on what this generation will do with the monumental legacy handed to it by the visionaries of 1998. “Let us ensure that allegations of the most serious crimes are met with a robust, fair and impartial judicial response – at the international level as a last resort, where national systems prove unable to give victims their day in court. Let us make sure that we do not let down those who worked so hard to make the Statute of an International Criminal Court a reality”, President Eboe-Osuji said.

“The ICC has given hope for justice to so many, by demanding strict adherence to the rules of international humanitarian law. A strong and effective ICC demonstrates the international community’s commitment to the rule of law,” said the President of Nigeria, H.E. Muhammadu Buhari. “I urge all States that have not yet done so to, as a matter of deliberate State policy, accede to the Rome Statute of the ICC so that it can become a universal treaty.”

“I am certain that the Rome Statute is as necessary today as it was 20 years ago. I believe it is important to go ‘back to the basics’ with a renewed dedication, commitment and also excitement – just as we did when we first adopted the Rome Statute,” said the President of the Assembly of States Parties, H.E. O-Gon Kwon. “Let today serve as a time to reflect, look back, appreciate what we have accomplished, and most importantly revive our commitment to the fight against impunity.”

ICC Prosecutor Fatou Bensouda stressed the importance of the anniversary and the opportunity it presents to recommit to the values and goals of the Statute, but also to take stock of the last two decades and reflect on how the Rome Statute system can be made more effective. “As we commemorate the 20th anniversary of the adoption of the Rome Statute, we owe it to ourselves, our children and future generations to fully support and nurture the ever evolving international criminal justice system, and the ICC as its central pillar,” she stated, adding, “a more rule-based global order where mass atrocities are checked through the force of the law and the progress of humanity, demand it.”

Following a solemn hearing in the ICC’s main Courtroom, an interactive symposium featured lively debates on the achievements of the Rome Statute, its impact, and challenges in the fight against impunity. As part of the commemoration, representatives of the Assembly, the Court, the Trust Fund for Victims, civil society and counsel also planted a tree on the Court’s premises in remembrance of the victims of the most serious crimes and to symbolise a deep-rooted commitment to end impunity for such acts.

Background: Adopted on 17 July 1998, the Rome Statute is the ICC’s founding treaty, ratified by over 120 countries. The ICC is the first permanent international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, genocide and the crime of aggression. The Rome Statute has also established the Trust Fund for Victims  with a two-fold mandate: (i) to implement Court-ordered reparations and (ii) to provide physical and psychological rehabilitation, and material support to victim survivors, their families, and affected communities. The TFV assists survivors to begin the process of healing and rebuilding their lives, for them to be able to promote peace and reconciliation.

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