By Kayode Matthew, Ben Agande, Abuja, Ifeoma Okologume & Nurudeen Kareem

FORMER Chief of Army Staff (COAS) Lt.-Gen. Ishaya Bamaiyi now facing trial along with four others for alleged attempted murder of Mr. Alex Ibru, yesterday, protested at a Lagos High Court that he was being manacled and kept in a solitary confinement at the Kirikiri Maximum Prison, Lagos.

At the resumption of the trial yesterday, Bamaiyi’s counsel, Mr. Emmanuel Toro (SAN) told the court that his client was singled out by the prison authorities for punishment.

Also yesterday in Abuja, lead counsel to Mohammed Abacha, son of the late Head of State, denied that he was using delay tactics to stall Mohammed’s trial over the murder of Alhaja Kudirat Abiola.

Mr. Emmanuel Toro (SAN) for Gen. Bamaiyi, addressing the Lagos High Court yesterday said: "I would like to express serious concern at the welfare of the first accused (Bamaiyi).

"He was moved from where he was formerly kept and he is now in a solitary confinement where he is chained.

"We find it highly condemnable. Those who take care of them should treat all the accused equally more so as he is still presumed innocent until he is convicted. This selective treatment should stop.

"He is also being denied access to his relations and even counsel. They had all along been feeding themselves but this have been removed entirely."

Lagos State Attorney-General, Prof. Yemi Osibajo who is leading the persecution team said he was disturbed by the allegations made by Bamaiyi’s counsel especially that on his physical maltreatment.

Said he: "The accused has not been found guilty and the prison is not a place for punishment.

"The state government, however, has nothing to do whatsoever with the running of the prisons which are federal institutions. The state government has no power to exercise any control on the prison officials who are officers of the Federal Government.

"As the State Attorney-General, I have a responsibility to inquire from the prison authorities whether these allegations are true and to what extent the prison authorities have breached the regulations.

"I will undertake to find out latest tomorrow (today) because the court needs to get the response of the prison authorities before making an order. I will therefore report back to the court before the next adjourned date."

In his ruling, Justice Augustine Ade-Alabi said the position of the law was very clear on the allegations made by Bamaiyi.

He said: "The first accused (Bamaiyi) does not deserve the treatment being meted out to him as he is still presumed innocent until found guilty.

"All the accused persons without exception should be given fair treatment and the court will deal with any official who flouts prison regulation."

The court could not, however, proceed with the trial yesterday as counsel to Mr. James Danbaba, Mr. Mike Okoye had already written a letter to the court applying for an adjournment in view of another matter involving Bamaiyi at the Court of Appeal, Abuja yesterday.

Further trial was adjourned till Thursday, February 3, 2000.

*Abacha’s counsel denies stalling trial

And at press conference in Abuja, lead counsel to Mohammed Abacha, Mr. Joseph Daudu (SAN) denied that he was stalling his client’s trial over the murder of Alhaja Abiola.

He said the defence team was only doing its work to ensure that Mohammed got justice.

His word: "The defence is not engaged in any delay tactics. The defence is merely doing its work in line with the highest standard of professionalism and the rule of law.

"What is important is that at the end of the day the truth must be asserted and justice must be seen to have been done."

He said the due process of law required that everybody should suppress his bias and leave the court to decide.

"This include the proper procedure being followed and the presence of a tenable evidence upon which a prima facie case can be presumed. Due process entails access for the accused person to go on appeal where he feels that he is not satisfied with the decision of the court," he noted.

However, at the resumed hearing of the case, counsel to Gen. Bamaiyi, Mr. Mike Okoye sought to know why Justice Mustapher withdrew from the case.

"The world is watching us. People may read meanings into why he withdrew from the case he stated."

Mr. Okoye said though he received a letter from the deputy registrar of the court explaining the withdrawal of the presiding judge, the letter only stated that the decision was borne out of "recent development."

"With due respect, given the high profile nature of the case and the fact that everybody in the country would want to know which way our judiciary is going in this particular matter, I would want to say that if the ‘recent development’ is as a result of government interference by subtly accusing judges, then a dangerous precedence was been laid.

"We have unshakable faith in the judiciary of this country and we are ready to abide by the decision of Justice Dahiru Mustapher panel hearing the case," he stated.

Counsel to Mohammed Abacha who had filed a suit to be joined in the case filed by Gen. Bamaiyi said that he had confidence in the Justice Musdapher-led panel.

He said the insinuations that government might have influenced the withdrawal of Mustapher could be valid except reasons were adduced for the withdrawal of Mustapher.

"There is need for the reasons for the withdrawal to be taken in the open court so that people will not accuse the court of clustered justice. It is not enough to say we have full confidence in the judiciary. It is the issue of openness, transparency and due process of law," he stated.

Counsel to government, Mr. Rotimi Jacobs argued that it was wrong for his learned colleague to infer that government had influenced the withdrawal of Justice Mustapher.

According to him, the insinuation is capable of eroding confidence in the judiciary, saying that it was a political submission without any legal basis.

Ruling on the matter, the Presiding Judge, Justice Justine Thompson Akpabio said having carefully examined the arguments by the counsel, "there is nothing unusual for a judge to withdraw from a case," if he feels that his continued stay could jeopardise the case.

Citing the case of Olu Falae and Olusegun Obasanjo, Justice Akpabio said a judge can disqualify himself at any stage of a case. He therefore said that since all the parties expressed confidence in the panel the case would be started afresh.

Friday, January 28, 2000

 World Bank sponsors poverty alleviation scheme

From Ifedayo Sayo,Ekiti

  He told Ekiti State Governor, Chief Adeniyi Adebayo, that the beneficiaries including Ekiti State have been directed to make adequate preparation for the programme to ensure its success.

  The co-ordinator who was in the state to ascertain the level of preparedness of the state government for the programme, however, noted the enthusiasm and eagerness on the part of both the federal and state governments to ensure its success.

  He stressed that unlike other programmes sponsored by the bank, the beneficiaries have been the front runners in the implementation of the programme.

  According to him, the programme will complement the efforts of the Federal Government in its poverty alleviation programme and will go a long way in the beneficiary communities.

  Adebayo said his administration will support any programme aimed at improving the living standard of the people of his state.

  He assured that his government was prepared for the take off of the programme adding that he will personally ensure the success of the programme.

Vanguard Transmitted FRIDAY, 28 January, 2000

It is expected that with prices hitting about $29 per barrel the nation’s economy stands a good chance of witnessing a rapid transformation in the months ahead.

The Ministry of Finance said yesterday in Abuja that of the amount, N70.7 billion had already been distributed to the three tiers of government for their January expenditures.

N31.1 billion has been transferred to the Federation Stabilisation Account, while N5 billion went to the Federal Reserved Account.

The Federal Government received N32.4 billion from the Federation Account, the 36 states and Abuja got N17.28 billion, while N13.4 billion was given to the local governments.

Similarly, the specialised funds of the Federal Government got N3.99 billion; they are: Ecological Fund (N1.335 billion), Stabilisation Fund (N596 million) and OMPADEC (N1.805 billion).

In the distribution of the N3.99 billion VAT revenue, however, the Federal Government got the least allocation of N0.6 billion. States got N1.99 billion while local councils received N1.4 billion.

Details of the allocations to the states showed that Abuja topped the list with N667.3 billion, followed by Delta (N651.4 million), Kano (N642.7 million) and Lagos (N640.2 million).

Conversely, Ebonyi got the least with N340.6 million followed by Gombe (N348 million) and Ekiti (N354 million).

Friday, January 28, 2000

 Obasanjo opens meeting on African commission

  The commission is an independent body set up to mobilise and sensitise political, economic, private sector and civil society opinion leaders to opportunities open to the continent in the new millennium.

  Supported by the United Nations, the commission will also assist African leaders to formulate judicious strategies and measures to tap into these opportunities. It will further identify Africa’s contribution to its development and to international solidarity and development.

  It comprises 25 eminent members are the Nobel Laureate Professor Wole Soyinka, Williams Eteki, former OAU Secretary-General Prof. Ali Mazrui, and former UNDP Assistant Administrator Ms. Ellen Sirleaf-Johnson.

Vanguard Transmitted FRIDAY, 28 January, 2000

THE Minister of Internal Affairs, Chief Sunday Afolabi has restated Federal Government’s resolve to deal with the menace of the Oodua Peoples Congress (OPC).

  He told The Guardian yesterday after a two-day working tour of immigration and prisons services in Lagos, that: “The Federal Government is now determined to check the activities of the militant OPC in Lagos.”

  According to the minister, “The Federal Executive Council has come out to condemn the activities of the OPC and has warned the Lagos State Governor Bola Tinubu to check the excesses of these people.

  “The Federal Government has warned them. If they refuse to stop perpetrating violence, the Federal Government will know what to do next.”

  Afolabi explained government’s reluctance to deal with the menace saying “as a father, the Federal Government was trying to give them an opportunity to turn from their nefarious activities. So, when it eventually takes a firm decision, nobody will say we did not give the group enough time to change.”

  He added: “The OPC has no agenda, if you look at their said agenda, it is the same thing Alliance for Democracy (AD) is fighting for _ Sovereign National Conference (SNC). If the AD is serious about their call for SNC what then is the National Assembly all about? They should resign from the National Assembly and their various houses of assembly. Then we will know they are serious with their agitation.

  ‘In fact they came out to vote for their representatives to the National Assembly and still they are complaining.”

  Afolabi however blamed most of the violent clashes in Lagos on the activities of the OPC, saying, “crises in Lagos are caused by the OPC, no doubt about that. Investigations and police intelligence reports have established that fact.

  “People who organised the OPC of course are now regretting because the group is now a threat to the society”.

  He also alleged that the reason why the man hunt by the police for the factional leader of the OPC, Ganiyu Adams has not yielded result was because some persons were shielding him.

  “I know that some persons are backing them. Imagine the last time the Ooni of Ife invited Chief Bola Ige and myself to a supposed peace meeting for both factions of the group, they came in lorries.

  “They were both heavily armed with dangerous weapons. They have a lot of weapons. So, they are being financed by some people and the Federal Government is investigating that to fish out their sponsors.

  “Why has Ganiyu Adams not been arrested, is he not in Nigeria?, but somebody is hiding him from being arrested by police.

  “Let us speak the truth to ourselves. He is being kept by somebody. That person is not helping issues at all, Gani Adams is not invisible as many claim.”

PRESIDENT Olusegun Obasanjo has advocated increased political cooperation between Africa and Asia as a basis for providing a new direction for the developing world in the emerging multi-polar global environment.

  Concluding his five-day visit to India yesterday, he said such cooperation was imperative given new trends in trans-national cooperation.

  He said there was an urgent need for more collaborative efforts between Nigeria and India given their antecedents, saying both countries had a major role in guaranteeing tangible dividends in the burgeoning global political configuration.

  He spoke at a breakfast meeting with the press at his Rashtrapati Bhavan lodge in New Delhi, noting that as members of several international groups, both countries could make significant input to the re-definition of the organisation’s policy thrusts.

  He said: “Nigeria and India belong to such renowned groups as the Commonwealth, which is a body of 53 former British colonies, the Non-Aligned Movement; the G.77 and the G.50. Beyond being nominal members of all these groups, however, our countries must be able to give a new impetus and focus to the thinking of all such groups.”

  It is not enough for the Commonwealth to hold regular summits, he said, adding that it should constantly appraise its work, aims, manner of prosecution and results.

  “The Commonwealth must stand for democracy all over the world. It must think about poverty alleviation in the member-states, otherwise, it will cease to be relevant. The Non-Aligned Movement must come up with a clear-cut agenda for the 21st century. It must have very well-defined social, economic and political agenda as we begin the new century because the global situation this century is different from what we used to have,” he added.

  Obasanjo expressed optimism that with inspiration of just a few committed countries, it would be possible to enlist the support of other member-states, so as to propel the bodies to new heights.

  He said: “India, Canada, South Africa, Jamaica and Nigeria under our leadership can as well be the engine room of the project to re-focus the Commonwealth and make it functional and relevant to the development imperatives of our respective countries, sub-regions and continents.”

  According to a statement from India by a Special Assistant to the President, Tunde Olusunle, Obasanjo also reminded Nigerians resident in that country at a reception organised by the Nigerian High Commissioner, Kabiru Ahmed, that they should conform with Indian laws to avoid embarrassment to themselves and the image of the country.

  He assured that Nigeria would  be made conducive enough socially and economically for them to return to any day.

  At a foundation-laying ceremony of the Nigerian High Commission, Obasanjo remarked that when he visited India on September 18, 1998, he did not know he would be returning to that country as an elected President.

  While receiving Indian Petroleum and Natural Gas Minister Ram Naik, the President drew that country’s attention to Nigeria’s abundant gas. The minister had indicated a desire for more of Nigeria’s crude oil, saying: “But this cannot match our needs of 10 million metric tonnes per annum or 250,000 barrels per day, to meet annual consumption which has increased by 10 per cent annually.”

  President Obasanjo said beyond petroleum, Nigeria was more endowed with natural gas, saying, with global attention turning to environment-friendly sources of energy, “we have begun to develop our natural gas reserves which we have in abundance. We already have one LNG plant, while the second is to be developed. While we are working out the details of the project, we may be able to factor India in as a partner or participant.”

Thursday, 27 January 2000

 PLANS are on by the Lagos State Government to establish a refinery that will cater for the needs of the people and neighbouring states.

Already, the former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC) Mr. Aret Adams, has been commissioned by the state government to prepare a blueprint on the proposed refinery which is expected to check the perennial fuel scarcity in the metropolis.

Lagos is said to consume more than 50 per cent of petroleum products in the country and the refinery, if established, will serve not only Lagos but the entire South-West.

Receiving in audience a delegation from Gaslink Nigeria Limited led by Adams, Governor Bola Tinubu said Adams had indeed been contracted to carry out a feasibility study on the project.

Tinubu assured on his administrations commitment to the project even as he called on the Federal Government, especially the National Electric Power Authority (NEPA) to wake up to the challenges of improving on energy supply in the country.

The project, according to Tinubu, was informed by his belief in the philosophy of free market economy, saying it was only through competition that people could think and be innovative.

Deregulation, the governor said, will create competition, dousing the fears of accompanied price increment. When there is competition, innovation is placed at a higher pedestal and the satisfaction of the consumer is the ultimate. Therefore, the prices will end up going down, not going up as being negatively projected. We must encourage deregulation. We must discourage unitary system of control. We must have fiscal discipline in our financial activities and be consistent in the policy that will bring about the potentials of our nation and best use of our resources, he said.

Confirming the development, Adams said the South-West in particular would benefit from the petroleum products from the refinery.

According to him, the idea was to sell the products to other states after the demand of the South-West must have been met.

The issue, according to him, is not a constitutional one but purely economic, adding that it was in line with free market economy.

The delegation, he said, came in connection with a plan to supply gas to Greater Lagos Industrial Area on a build, operate and transfer basis by Unipetrol, adding that contract for the construction of a gas distribution pipeline with a completion date of 2001 has been awarded to a Pakistani company, Shawkat and Raza for N1 billion.

Adams noted that during its life span, the Ikeja system would generate about $1.2 billion as revenue.

The project is to release a volume equivalent of 200 million litres (200,000 metric tonnes) of fuel oil yearly for export to generate foreign exchange for the economy.

On safety plan, Adams said: We intend to incorporate an odourisation plant along the right of way of the pipeline to odourize the gas as a safety measure to allow easy detection of gas leakage.

Tinubu has also requested that the management and development of the Bar Beach be handed over to the state government.

It hopes to develop the beach into a major tourist centre in line with what is obtained in South Africa, bringing in foreign investors, he said.

The governor is believed to have met with the Minister of Works and Housing, Chief Tony Anenih on the issue, already being considered by the Federal Government.

Thursday, 27 January 2000

From Seun Adeoye, Osogbo

HEALTH workers in the country have threatened to embark on a strike tomorrow over what they regard as poor conditions of service.

The workers, under the aegis of Senior Staff Association of Universities, Teaching Hospitals, Research Institutes and Associated Institutions (SSAUTHRIAI) said the Health Minister, Dr. Tim Menakaya has been intimated of their plan.

In a statement by their President-General, Mr. Ralph Adeniyi, sectoral chairman, Joe Menkiti and Secretary, Kingsley Nwangwu, the workers recalled that an earlier letter asking the Health Ministry to look into their plight was ignored.

In the said letter, SSAUTHRIAI complained of governments alleged preferential treatment to the medical and dental practitioners over other health workers.

While demanding for an urgent redress, they suggested what should be paid to them by the government.

They said: Our first ultimatum lapsed on the 4th of January, 2000 without even an acknowledgement or any action known to us.

On January 14, we gave another ultimatum which expires on Friday.

The Health Minister, they said, should be held responsible if by tomorrow, government fails to address their complaints.

Government should hold the Ministry of Health responsible for somersaulting the noble and progressive efforts of the new visionary government of Nigeria to revive the dying National Health Delivery System.

We extended the ultimatum by another14 days as a proof of our unreserved support for the success of this new civilian administration and also because the negative cost of strike are better imagined than experienced they said.

The Guardian learnt that the workers have been put on alert by their officials.

The latest decision of the authority is believed to have been predicated on several reports of studies which, in the past, had blamed its inefficiency on over-bloated workforce and redundancy.

Officials said one of the reports specifically showed that the distribution of NEPA's workforce was skewed in favour of support and services departments.

The engineering section which formed the core service area of the organisation is believed to have inadequate manpower, especially at the power stations.

Sources explained that an in-house staff audit committee raised last year also discovered a lot of discrepancies in staff ratings, appropriate fixing of staff as well as lack of communication between the personnel and account departments.

The committee is believed to have alleged that some staff who have been transferred, dead or retired from service were still being paid their salaries and other benefits.

Also discovered were duplication of functions especially at senior manager, assistant general manager and general manager levels.

Mousa-Booth, however, said the authority was ready to reduce its workforce from the current level. He cited the proposal sent to the Presidency to justify his position.

But the only snag, according to him, was that NEPA has no money to pay the full entitlements of those that will be affected. This he put at N4 billion.

The authority, he said, cannot afford such a huge sum except the presidency comes to its aid.

Mousa-Booth, however, assured that as soon as the government provided the fund for the payment of the retirement benefits the restructuring will be implemented.

He explained that President Olusegun Obasanjo has given NEPA the go ahead to resolve the problem between it, the Lagos State Government and the independent power producers, Enron.

He regretted that the issues involved were not properly put across to the public, stressing that NEPA had no intention to frustrate the effort of the private power producers.

Mousa-Booth said the authority had been encouraging the private sector to participate in power generation because it could no longer do it alone. This, according to him, is especially because of the enormous financial resources required and the competing needs for governments little resources.

By Taye Obateru, Jos

A retired Inspector of Police Philip Fetuka had filed a suit claiming N2 million as compensation from the hospital for negligence. Delivering judgment in the suit, Justice Thomas Naron said evidence before him proved that the hospital caused the plaintiff to lose his sense of hearing after wrongfully administering on him a high dose of gentamycin for treatment of pneumonia..

The plaintiff had in a supporting affidavit stated that he sometime in 1990 went to the hospital to complain of ill health which was later diagnosed as pneumonia.

According to him, he was subsequently given gentamycin injection following which he lost his sense of hearing. He said the hospital later referred him to the Jos University Teaching Hospital for further treatment, but that he never regained his hearing ability. Justice Narom in his judgement said evidence adduced by the plaintiff proved that a clear case of negligence had been established against the hospital since it (hospital) could not controvert the exhibits tendered.