The expressway opening in Kenya’s capital is part of a shift by China’s Belt and Road Initiative away from debt financing towards public-private partnerships

Chinese lenders have become more cautious in financing infrastructure projects on the continent, concerned about borrowers’ ability to repay loans

The Nairobi expressway was commissioned to the public on a trial basis on Saturday, and motorists will be allowed to use it for the next three weeks before its official launch.

So far 11,000 vehicles have registered to use the road. Kenyans have expressed their joy over the reduced traffic time they’ll spend when using the 27 kilometre highway.

As a Chinese-built and financed tollway opens in Kenyan capital Nairobi, its most remarkable feature may be that it is an example of Beijing’s attempt to retool the financing behind its Belt and Road Initiative in Africa.
The China Road and Bridge Corporation (CRBC) built the 27.1km (16.8 miles) Nairobi Expressway linking the country’s main airport and the capital. The US$668 million projectwas financed by the state-owned China Communications Construction Company, CRBC’s parent company.

A CRBC subsidiary, Moja Expressway, will operate the road for 27 years to recoup the investment through toll fees.
In all, the road marks a gradual shift in the belt and road strategy, from public debt finance to a new method of funding for infrastructure like roads and power plants in Africa: public-private partnerships (PPP).

Under the PPP model, Chinese private companies can lower the risks to repayment and help African governments reduce their loans and budget deficits, observers say.

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By Idoko Ichaba, Esq.

Section 839 vests the Corporate Affairs Commission (CAC) with the powers to suspend the trustees of an association and appoint interim managers to run its affairs under the Commission’s supervision.

Globally, interest in corporate governance has grown in response to the need to hold organisations accountable to the government, their owners and other stakeholders. This has necessitated the need for numerous legislative enactments to govern this area. 

In Nigeria, the Companies and Allied Matters Act 2020 (CAMA) is the legal framework that allows businesses and nonprofits organisations to operate. This law was recently enacted, and it happens to be motivated by the government’s desire for an economy that is configured with mechanisms that promote the ease of doing business. 

While the new law is praised for making it easier for businesses to do business, it also imposes stricter rules on Non-profit Organisations (NGO), Civil Society Organisations (CSO), Community-based Organisations, and even faith-based Organisations that are registered as Incorporated Trustees (IT).

The most prominent innovation of CAMA with regards Incorporated Trustees is the expansion of the powers of the Corporate Affairs Commission (CAC) by section 839 of CAMA to have power to suspend or remove the Trustees of an IT and appoint Interim Managers.

This is possible where the Association’s affairs have been mismanaged or there is misconduct; or to safeguard the Association’s property; or in the public interest; and where fraud has been committed in the operation of the Association’s affairs.

The crux of this work is whether the power of the CAC to remove Trustees and appoint Interim Managers violates the fundamental right to Freedom of Association. It is worthy of note that Section 40 of the Constitution of Nigeria holds great significance, for it gives an Incorporated Trustee a constitutional right to associate freely without undue external interference. By “associate freely”, it means that the association and its members have the right to decide the fate of the association at every point in time.

Some commentators argue that the right to freedom of association is derogatory and the provision of CAMA and any law that derogates it is justified. However, the extent of derogation can only be defined by the constitution otherwise such other defining law becomes inconsistent with the constitution and therefore null and void to the extent of its inconsistency.

As provided by section 45(1) of the Constitution the right is only derogated in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons. 

Juxtaposing the provisions of CAMA and the Constitution, it is evident that the instances of derogation of the right to association has been extended by CAMA. One of which is that the constitution did not contemplate a derogation of this right upon the mismanagement of an Incorporated Trustee. 

Moreso, it is arbitrary since CAMA did not define what “misconduct” or “mismanagement” entails in this context. 

Removal of Trustees is constitutional in the instance where members of the association petition to the courts for a change of trustees, but there seem to be some constitutional abnormality if the Corporate Affairs Commission, a party with no interest, suo motu, petitions for a removal of the Trustees of an Association. 

That is in all sense arbitrary. Nigerian citizens have a constitutionally guaranteed right to association and this right also entails making decisions as regards the running of the association so long as it is within the ambit of the constitution.

However, it is germane to state at this point that CAMA set a procedure for removal to be upon an order of the court. This serves as a form of check. Removal only happens upon a petition which shall be heard before an order of court is granted.

However, the writer opines that this check is insufficient because the Corporate Affairs Commission, in the first place, does not have a right of action. It also has no affected interest in an Association and therefore should not be given the right to institute actions that touches on determining the running of such association.  

Ichaba, Esq. is a Managing Partner at Plexus Legal. 

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Fidelity Bank Plc Executive Director, South West and Lagos, Dr Ken Onyewuchi Opara will tomorrow take over the mantle of leadership of the Chartered Institute of Bankers of Nigeria, CIBN.

Dr Opara, who was elected a month ago, will be sworn in as the 22nd President and Chairman in Council of the highly revered Institute.

A graduate of Finance from the University Of Nigeria, Dr opara has had a distinguished career in banking spanning over 30years.
He had extensive research and interest in the Small and Medium-Sized Enterprises as the engine growth of the economy.
His Bank, Fidelity Bank Plc is one of the leading financial institutions leveraging in this area .

He was member of the team constituted by CBN that developed the current N220 billion Micro Small and Medium Enterprises (MSME) Funds

A high cerebral and industrious man, Opara is expected to take the Bankers Institute to a greater heights.

Dr Ken Opara is married with four Children.

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Every mortal has his or her own baggage, we aren’t Saints for saints aren’t mortal. We are therefore judged as good or bad based on the weight of our baggage. As the Primaries of the Political Parties approach, this effort is a plea to the delegates of our great Party the All Progressive Congress APC, to elect as our Presidential flagbearer the Aspirant with the least baggage.

The challenge to sift or if you like identify the Aspirant with the least baggage out of the 23 Aspirants who obtained the APC Presidential Nomination Form and are still in the race to become the Presidential candidate of the APC is an onerous one, but I shall attempt to do so as dispassionately as possible, because we must as a party put our best foot forward.

BOLA AHMED TINUBU BAT. This seasoned politician is perhaps one of the front line contenders for the APC Presidential Ticket. He comes in with the heaviest baggage. There is the baggage of alleged corruption and primitive accumulation of wealth with his siphon pump directly fixed to the Lagos State treasury. There is the Bullion Van baggage. There is the baggage of age, fitness and health. And there is the baggage of pride, ego and arrogance, see the way he talks down on the other Aspirants, the way he denigrates the Youths, the Media, and the way he carries on like the 2023 Presidency is his patrimony.

AHMED YERIMA. The former Governor of Katsina State comes in with a heavy baggage. The one of alleged religious fundamentalism. The one of child marriage. The one of disrespect for the rights of women and untamed patriarchy. And questions about his watch over Zamfara State.

ROTIMI AMAECHI. The immediate past Minister of Transportation, 8years Speaker of Rivers State House of Assembly, and two term Governor of Rivers State comes in with very heavy baggage. The one of over 15billion allegedly looted whilst he was Governor, to his lacklustre watch over the State. The one of several over invoiced contracts in the Ministry of Transportation to the poor safety regime for our Rail transport system. From the many double speak on issues of State to the fact that the Party in his home State is in disarray no thanks to his arrogance and naivety.

PROF YEMI OSINBAJO. The Vice President of the Federal Republic of Nigeria comes in with a fantastic CV but with a baggage that presents him as an unwilling horse, indeed his marketers may have unwittingly done great disservice to his candidacy. Nigerians are in need of a President who sees the job as his unalterable commitment to purpose and destiny, not one who had to oblige the plea to run.

ADAMS OSHIOMOLE. The former Governor of Edo State comes in with a huge baggage. His alleged egocentricity is at the core of the Party losing his home State. His legendary ‘I Am The Boss’ disposition saw to his awkward exit as the National Chairman of the Party. And the baggage of the many files with the EFCC speaks poorly about his position on anti corruption.

EMEKA NWAJIUBA the immediate past Minister of State for Education comes in with the baggage of a less than wholesome handling of the ASUU, ASUP, NASU issues, the poor mediation of matters relating to the Ivory Towers ditto our tertiary institutions and the Strikes involving almost all sectors of our public tertiary schools, and several scandals involving Federal Government Schools.

OGBONNAYA ONU. The immediate past Minister of Science and Technology, a fine gentleman comes in with the baggage of a very lacklustre watch over the Ministry of Science and Technology. For almost 7years as the Minister of Science and Technology, it was all talk and less remarkable strides.

PASTOR TUNDE BAKARE. A fine clergyman who very recently stoked the ethnic fire with several unguarded remarks about one of the three major ethnicity in Nigeria. An Activist whose shots have shown huge bias for friendship and ethnicity. And an outsider in the larger political calculus cannot lead the Party to the challenge for the top job come 2023 as he comes in with the many baggage described above.

The challenge of birthing and berthing a new Nigeria is the cross before all Nigerians, whether of the APC, the PDP, the other Political Parties, and the nonpartisan, we must therefore dispassionately subject those seeking to steer the ship of State come 2023 to the stiffest and the most stringent intellectual crucible, we must make competency and capacity the linchpin and patriotism our watchword.

The Conversation Continues in a few days. God Bless Nigeria.

Chabor Musa Nyamgul
Political Activist
Abuja.

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By Kingsley Madaki

Protesters have barricaded the main entrance of the Federal Capital Territory Administration FCTA, preventing staff from entering the premises.

The residents who are protesting against the suspension of the swearing-in of the newly elected council chairmen and their councillors said that the administration is trying to rob them of their mandates with the excuse of what they described as kangaroo judgment to extend the tenure of the outgoing chairmen by one year.

The protesters who were chanting ‘FCT Minister you must swear him’ carried placards with inscriptions, ‘You cannot access your office if you do not handover,’ ‘Please release our victory’ ‘Give us our AMAC mandate today’ ‘You took an oath before, you cannot take another one again,’ amongst other inscriptions.

One of the FCT youth leaders Hon. Shekonlumi Yakubu Adamu, who led the protesters to the FCT minister’s gate explained that as indigenes of FCT, everyone knew that an election was conducted in February this year and the PDP won three area councils, while the APC won the rest councils. 

“The chairmen were supposed to be sworn in today, but to our surprise, we woke up on the eve of yesterday, to get a press release from the Minister that the swearing-in will not hold today again. We do not know the reason behind that. 

“The only reason was that there was a court order restraining the minister from swearing the new chairmen because of tenure elongation.

“So, we want to know the reason why the swearing cannot take place today because the election has been conducted and won under the 2010 electoral acts. The election that brought in the outgoing chairman was the 2010 electoral Act and even the oncoming chairmen were also the 2010 electoral Act.

“So why will they now come at the eve of the swearing-in and tell us that it will no longer hold because of tenure elongation. We are saying no to that and we are insisting that the swearing-in must take place today. We are not leaving this place until the needful is done, because we do not want any breakdown of law and order,” he said.

He said that they are peace-loving people and anything that happens in the FCT today affects them that is why they are pleading with the minister that whatever kangaroo arrangement that they have for this chairman not to be sworn in, please it should be reverted and look the way of peace.

“That judgment to suspend the swearing-in is faulty and fraudulent. We need a clearer explanation of why the judge went ahead with the judgment without taking into consideration all the parties involved,” he said.

Mr. Joshua Yohanna, a PDP stakeholder described it as worrisome that the FCT High Court presided over by Hon. Justice Ibrahim Mohammed would allow itself to be used to a point where it can give a judgment that the judge knows or ought to know is illegal as no law can be made retroactive. 

“We are cautioning the outgoing Chairmen and Councilors whose tenure under the 2010 Electoral Act upon which they were sworn in will effectively come to an end by the effusion of time on Friday, May 20, 2022, to steer clear of the respective Area Council offices from that date, they want peace to reign,” he said.

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The Niger State Council of Nigeria Union Journalists NUJ has called on politicians not to overheat the polity even as the political party primaries draw nearer.

This was the position of the State Working Committee (SWC) of the union at the end of its meeting held at the IBB Pen House, Minna.

In a communique released after the meeting, the union frowned at the decision of some aspirants to employ the services of some social media scavengers and fake news peddlers as media aides, urging them to always appoint professional media practitioners for proper media coverage.

The meeting also called on the delegates not vote based on sentiments and inducement but rather, consider credibility and those that will develop the state.

It urged aspirants of various political parties not to be afraid to subject themselves to the scrutiny of journalists, pointing out that the NUJ Niger state council will enter into partnership with various media houses, to organise debate for candidates of various political parties after primaries with a view of subjecting them to public scrutiny.

SWC cautioned Journalists to abide by the ethical codes of journalism, stressing that the union will not tolerate shabby treatment of its members especially during electioneering campaigns and elections proper by politicians.

The meeting called on the Niger State Government to desilt our drainages to avoid possible environmental disaster as raining season has set in.

SWC called on the Niger State Government to improve on the wellbeing of Internally Displaced Persons (IDPs) who have taken over Maitumbi and other areas, an indication that Minna, the state capital is prone to insecurity.

The union observed with grave concern, that water scarcity was biting hard on Nigerlites particularly residents of the state capital and called on the state government to take urgent steps to reverse the situation.

SWC commended the state government for approving the connection of the media houses to 33KVA, it however observed that several years after the approval, work was yet to commence due to non release of the approved fund and therefore, called on the State Government to match words with action.

The SWC assured the state government of the practicing Journalists support to all development action plans for the state as the present administration move towards the exit point

The SWC congratulates the newly appointed Commissioner of Information Dr Emmanuel Musa Umar whom they described as a hard working scholar and Public Relations expert, who will bring to bear his wealth of experience for the development of the state.

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The National Youth Council of Nigeria
Says after a nation-wide consultation with youth leaders and stakeholders; and following deep analysis and discussions on the politico-economic state of affairs, the Nigerian youth has demanded the immediate resignation of Mr Godwin Emefiele as Governor of the Central Bank of Nigeria (CBN).

In a petition to the CBN governor signed by Comr. Solomon Adodo
President and Hon. Yusuf Ibn Tom
Secretary General of the NYCN said the demand has become inevitable following his willful and blatant desecration of the political neutrality of that office by your now aborted aspiration to the office of the President of the Federal Republic of Nigeria under the platform of the All Progressives Congress (APC).

The NYCN said by his earlier aspiration, the CBN governor did not only become partisan,but has made his political party known, and it is dangerous for the 2023 general elections and also tactically casts aspersions on the treasured integrity and fairness spirit of President Muhammadu Buhari which he fought so much to build and safeguard through the years.

“Nigerians, especially the youth have had to endure the poor monetary policies under you, which have made a mess of the Naira against other foreign currencies.

” They have tolerated the corruption and lack of productivity that have bedeviled the programmes of the CBN, including the poorly executed Anchor Borrowers Scheme.

“We accepted with painful stoicism, the obvious forex fraud which has promoted the parallel market over the official one, thereby recording the worst forex regime in the history of this country.”

The group however said that the young people of this country cannot accept an all-important election which would have been compromised ab initio because the custodian of sensitive electoral materials is evidently partisan.

In the letter they said his continued stay as the Governor of CBN will surely mar all the investments made towards a successful 2023 general elections.

“Monies have been committed; energies have been exerted towards legislation; political pressure, legal engagements, logistics procurement and deployment have all gone into preparations for this election.

“And these cannot be all lost because of your selfish interest.

” Already, the Independent National Electoral Commission (INEC) has noted the danger of your compromised position and has hinted at an alternative arrangement for the custodianship of its sensitive electoral materials.

“Unfortunately, the INEC does not have a non-compromised alternative. Therefore, the only option left for Nigerians to have a sanitized electoral process is for you to tow the path of honour and resign your position as the Governor of the Central Bank of Nigeria,”they noted.

According to the NYCN to the CBN governor it is our expectation that you will resign within the next seven (7) days from the date of the receipt of this letter to avoid massive protests from the Nigerian youths.

They said we the youth will consider it an act of patriotism if you resign honourably.

They also said that ,that would also restore some modicum of integrity to you. So, on behalf of the young and indeed patriotic Nigerians, we urge you to add some honour to your name by resigning, or have a determined Nigerian youth population to contend with.

” We shall not fold our arms and watch the stellar legacies of integrity and electoral reforms built by Mr. President swept away by your missteps.

” While looking forward to your Honourable resignation, may I convey to you the best wishes of Nigerian youths”.

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GOVERNOR AYADE, SENATOR BASSEY OTU IS A RISKY CHOICE FOR THE APC.

Your Excellency not many high-ranking politicians have had a smoother political career than yourself. In 2011, you ran for a seat in the Nigerian Senate and emerged victorious at the first attempt, and in 2015, you demonstrated once again that indeed God is with you, when you became governor without fuss. Space will fail us to recount the several public service appointments that have come to you with little or no struggle. Indeed, your life has been that of a man who is graced and backed by the Almighty.

Your excellency, we are worried that the legacy you have resolutely built for the state may come under severe threat in the nearest future if we become pretenders and spectators. We are indeed troubled by the latest allegation against Senator Bassey who officially expressed his interest to vie for the position of governor in Cross River State under the flag of the APC. While these allegations remain unjustified, it paints a grim picture, unsuitable for garnering public trust.

The opposition party is lurking, waiting for the right moment to strike, and they will strike. We must see beyond the now, read between the lines and take the bold step of defending our party against any weakness that may hamper victory in the coming election. We do not doubt our strength via the polls come 2023, however with Senator Bassey Otu in view amidst the allegations, our chances become dangerously slim. The fear is that we could easily lose the governorship election by a simple court ruling. Senator Bassey for now is our party’s soft underbelly.

It will be risky, to outrightly ignore the allegation against Senator Bassey. Remember when the opposition made several attempts to take you out of office through the court? We were victorious then because the law was on our side but we may not be very lucky this time. The opposition will love it if the gubernatorial seat of Cross Rivers State is decided by a court ruling. They know the people’s voting bias tilts towards our great party and as such, their earnest praying will be that we have specks of dirt swept under the carpet that could be unearthed to their glorious advantage. There is no room for mistakes here, we really must look before we leap.

OUR PLEA

Your Excellency, it is our plea that you hand over Cross River State to a personality whose track record and capacity to lead will not brew doubts in minds and hearts. We need a candidate that will assure outright victory in the polls and court if the opposition decides to go that mile. We cannot afford to house anything less.

YOUR EXCELLENCY, GOV. BEN AYADE, WE CANNOT AFFORD TO ACCOMMODATE A TIME BOMB.

Ibanga Bassey, a human rights lawyer and public affairs commentator wites from Abuja.

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By our correspondent

Battle for alleged plan to take over the Imo State chapter of the Peoples Democratic Party, PDP by the National Secretary of the Party, Sen. Samuel Anyanwu has again for the umpteenth time hit the rocks as an Abuja High Court has reaffirmed its order barring the party from conducting fresh ad hoc delegates Congress or using any ad hoc list for its primaries.

The Court at the resumed hearing today held that it would nullify any primary election conducted in the State if the Party violated its valid and subsisting order and conducted any primary election with the already voided list or any other ad hoc list pending the determination of the Suit by the Court.

On its own part, INEC which is also a party to the Suit has stated that it would abide by the Court order and will not accord any recognition to any Ad Hoc Delegates list or the result of any primary election in the State conducted with any purported Ad Hoc delegates list.

The Commission has also in a letter to the National Chairman of the PDP stated that it would only recognize primary elections results conducted with only statutory delegates.

Meanwhile, Opposition Coalition Spokesperson, Ikenga Imo Ugochinyere has hailed the Court decision and has urged the party leadership to save Imo PDP from extinction by taking a categorical stand and obey the Court as well as the directives of INEC and call the National Secretary to order and drop all attempts to use the unlawful Ad Hoc delegates list to conduct primaries as doing otherwise may ultimately lead to the party being excluded from the ballot in the State.

It will be recalled that the FCT High Court had on 6th May, 2022 restrained both the PDP and INEC from recognizing the outcome of the 3-man Ad Hoc delegates election of the Party held on 30th April, 2022 or any other date an order the PDP failed to vacate in its application on the 17th May leaving the party with no other options but to conduct all its primaries in the state with the statutory delegates.

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By Ibrahim Mistaali, Yola

The Independent National Electoral Commission (INEC) has called on all the 18 registered  political parties to strictly abide by the guidelines of 2022 Electoral Act for successful conduct of their primary elections.

Barrister Kassim Gaidam, INEC Resident Electoral Commissioner, Adamawa state  made the call at a stakeholders meeting  on Thursday in Yola.

He further stated that the Commission will not tolerate acts by political parties that fail to comply with the provision of electoral act in the conduct of their primaries.

“We remind political parties that by the provision of section 84 (13) of Electoral Act 2022.

“Any political party that fails to comply with the provisions of the Electoral Act in the conduct of its primaries shall not have a candidate for the office in respect to which there was non-compliance with the Act in the conduct of its primaries.

“This reminder is necessary to avoid unhappy consequences of any breach of the commission’s Timetable or the Electoral Act,” he said.

Barr. Gaidam appealed to all voters who registered between June and December 2021 to collect their Permanent Voters Cards (PVCs).

According to him, the Commission has printed and delivered to the state 39,770 PVCs of genuine new registration and have been distributed to LGAs since April 19. 2021

He added that so far, only 3,641 cards had been collected by their owners.

In his remarks, Bello Magaji, Chairman Inter-party Advisory Council (IPAC), expressed the readiness of the political parties to abide by rules slated by INEC

He assured that all political parties would do their best to create awareness on the need for registered voters collect their cards.

The State Commissioner of Police (CP), Sikiru Akande, commended all political parties in the state for conducting themselves peacefully and urged them to maintain as primaries and electioneering campaigns approach.

According to him, all security agencies are united and they would provide security for successful political activities in the state 

He said that the security personnel in the state will not hessisted  to deal ruthlessly with and person or group that will want to distract the peace that has been in the state.

He advise the youth mot to allowed them selve to use by politician in terms of.drug abuse and.always at the bootn pf mine that they are the leaders.of tomorrow

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