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World Exclusive: How Cabal, Corruption Stalled Mambilla Hydropower Project …The Abba Kyari, Fashola and Malami Connection Plus FG May Lose $2bn

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By Michael Effiong

The Boss can now reveal exclusively that the reason the Mambilla HydroPower Project, has not taken off for years, laid idle and gathered dust, is because of high wire power play, selfishness and in some cases bare-faced corruption.
 

Our investigation has shown that government after government, Minister after Minister even President after President, all efforts to bring the project, which was conceived in 1972 to improve electricity supply in Nigeria, back to life and meet its set objectives of power generation and job creation, has always been frustrated by a myriad of forces.

Therefore, when in November 2017, the Minister of Power, Works & Housing, Mr. Babatunde Raji Fashola, announced that President Buhari has approved  $5.792 billion (About N1.1trillion) for the construction of the 3,050 megawatts Mambilla Hydro-Power Project at Gembu in Taraba, many heaved a sigh of relief. At last, they believed, Nigeria would finally break the jinx of perennial power failure.
 

According to Fashola: “Several efforts had been made to bring it to reality but I’m happy to announce that this government approved the contract today to joint ventures of Chinese Civil and Engineering company for the engineering and turn-key contract, including civil and electro-mechanical works for $5.792 billion.

He noted that the scope of works of the project will include construction of four dams and 700kilometres of transmission, adding that it will unleash the nation’s potentials in agriculture, tourism and energy.
 

Six months after that cheerful statement, it seems however, that it is not yet uhuru. The Federal Government is yet to pay its 15% counterpart funds to the Chinese Exim Bank, and nothing has so far happened.

Knowing full well the importance of this project to the Nigerian people and the overall economy, we were agitated by this state of inertia and that was when we began digging, and our investigation has now revealed that Mr. Fashola did not present the full story.
 

We gathered that one of the main reasons for the latest delay of the project is actually a long-standing dispute that may have been overlooked when the President and Members of the Federal Executive Council (FEC) gave approval on August 30, 2017.

We also discovered an interesting twist where the Attorney-General and Minister of Justice, Mr. Abubakar Malami (SAN) gave sound legal advice which was ignored by the Chief of Staff to the President, Mallam Abba Kyari before the contract was awarded.
 

Furthermore, we discovered that after earlier aligning with the Attorney-General, curiously, the Minister of Power, Works and Housing, Mr. Babatunde Raji Fashola, SAN, backtracked, and switched to the advice of the COS, a move that would definitely do more harm than good to this project.

It is a riveting story of power play at the very highest level, the kind of intrigues that many thought would never occur in the Buhari Presidency.
 

BACKGROUND

 

To clearly understand this knotty matter, we have to take you through the whole gamut of hard facts spanning 18 years.

Documents in the possession of The Boss indicate that a Nigerian company, Sunrise Power Transmission Co. Limited had been in the forefront of promoting this Project from the outset. 
 

Prior to the official tender process, Sunrise started promoting the Mambilla Project as early as year 2000. It reportedly engaged the offices of former President Olusegun Obasanjo and former Vice President Atiku Abubakar as well as the Nigerian Embassy in China.

Its successful promotion of the project led to the first state visit of then President Obasanjo to China in 2001 and Vice President Atiku in 2002.
 

It was thereafter, that a bidding process was opened for the project and the Ad-Hoc Inter-Ministerial Committee recommended Sunrise and its Chinese Partners. On April 7, 2003, the Committee wrote the President for approval to officially issue an award letter.

Therefore, on May 22, 2003, the then Federal Ministry of Power and Steel (Now Part of the new Ministry of Power, Works and Housing) issued a letter of Award to Sunrise Power and Transmission Company Limited in consortium with North China Power Group as Technical Partners. The contract was for the construction of a 3, 960MW Hydroelectric Power Project in Mambilla on a Build, Operate and Transfer (BOT) arrangement for a provisional six billion dollars. Sunrise accepted the offer.
 

 In August 20, 2003, Sinohydro, which has its principal place of business at no.1 Ertao Biaguang Road, Xuanwu District, Beijing, PR China, North China Power Engineering Co. Ltd with its business address as 24a Huangsi District, Beijing and Sunrise located at Oluwa (Fowler) Road, Ikoyi, Lagos Nigeria, signed a contract to work together on what was then the 3, 960MW project.  Sunrise engaged Sinohydro to construct the project on an Engineering, Procurement and Construction (EPC) basis.

After it has begun work, it got a shocking letter on September 3, 2003 from the Ministry of Energy (FMOE) claiming that the Federal Executive Council did not approve the memo recommending Sunrise for the project and directing Sunrise to tender for the project when it is advertised.
 

Sunrise sought a resolution without success. Sunrise and North China engaged Chief Afe Babalola, (SAN) to demand compensation.

A letter written by Chief Babalola dated February 4, 2005, read in part: “Your ministry cannot seek to repudiate the contract as it has attempted to do in the Ministry’s letter ….not after our clients have incurred expenses on the preparation incidental to the execution of the project.
 

“Consequent upon the preliminary steps towards execution of the contract, our clients have incurred well over Three Million Pounds while there are commitments to several consultants local and international in excess of Thirty Million British Pounds.”

While the dispute was on, Sunrise and it partners were still at work. An indication of this was a letter of intent written on April 15, 2005 by Dai Chunning, General Manager, Banking Department oF China Export-Import Bank to Sinohydro Corporation indicating its interest to provide $5.5 Billion for the Mambilla Project; the bank further stated that “We perused the information provided on the issue and are pleased to show interest and support in the proposed project by way of this Letter of Interest”. 
 

Nothing was heard on the project until May 29, 2007 when, allegedly influenced by a Senior Government official, the Government awarded a part of the SUNRISE contract (Lot I, Civil/Hydraulic Steel Structures) of the (2,600MW Mambilla Hydroelectric) First Phase of the project to Messrs CGGC/CGC Ltd, in the sum of US$1.46billion.

The source of funding envisaged at the time of award was a combination of an Exim Bank of China loan of US$1 billion and funds from the Excess Crude Savings Account.
 

Of course, Sunrise did not take this lying down. It took the matter to the Federal High Court, Abuja suit No. FHC/ABJ/CS/384/2007. The defendants in the case were The Minister of Energy, The Attorney-General of the Federation, China Gezhouba Group Corporation (CGGC) and China Geo-Engineering Corporation (CGC).

Late President Umaru Musa Yar ‘Adua directed the Federal Ministry of Justice to investigate the Breach of Contract and USD 960 Million (Nine Hundred and Sixty Million United States Dollars) damage claim filed by Sunrise, and a Report (a copy of which is in our possession) from the Federal Ministry of Justice Indicted the Federal Ministry of Energy and CGGC/CGC of Gross Violation of Sunrise’s BOT Contract.
 

Furthermore, Mr. Michael Kaase Aondoakaa noted that Sunrise was not duly disengaged as Contractor on the project before government went ahead in May 2007 to engage CGGC/CGC for the same project.

He therefore, opined that Sunrise was in strong legal position to pursue a successful claim against the Federal Government; stating that “The best interest of the country can only be served by an amicable settlement of the parties so as to avoid the embarrassment that litigation would bring (to) the image of the country.” He sought Presidential approval to explore efforts of settlement of the matter.

Abba Kyari

 

Following a Presidential Visit to China in 2008, word reached late President Yar’Adua about an alleged $15m bribery that led to the award of the $1.46 billion contract to CGGC/CGC on May 29, 2007.

Late President YarAdua, we gathered then invited Sunrise, then Minister of State, Power (Late Hajiya Fatima Balaraba Usman), Minister of State and the accused Presidential official for a meeting.

After the meeting, President Yar Adua instructed then Attorney-General, Mr. Michael Aondoaka, SAN, to cancel the CGGC/CGC contract and restore the BOT Contracts to Sunrise immediately which was done at the Vice President’s Conference room in the presence of all Directors and Permanent Secretaries of both the Ministry of Power and the Ministry of Justice.
 
After this unfortunate episode, Sunrise agreed to resolve its legal dispute against the Federal Government and CGGC/CGC Consortium amicably, by proposing that Sinohydro Corporation in partnership with Sunrise, on the one hand, should form a Consortium at a cost to be determined by the final project design to be undertaken.
 

In October 2012, the Federal Government decided it wanted to own the Mambilla HydroPower Project and wanted an urgent settlement. This led to the signing of the Settlement and General Project Execution Agreement (GPEA) between the Federal Ministry of Finance, then Honourable Minister of State, Power, Architect Darius Ishaku now Governor of Taraba State signed, and then Solicitor-General of Federation, Mr. Abduallahi Yola signed for the Federal Government. 

Sunrise and Sinohydro also signed but CGGC and CGC refused to sign because the Ministry of Power/Federal Government had allotted only 30% of Engineering Procurement and Construction (EPC) works to them.

Darius Ishaku

 

When the Federal Government filed the Settlement Agreement in Court at the Federal High Court, Abuja, the Court rejected it because CGGC/CGC did not sign the Settlement and GPEA Agreements.

Thereafter a Stakeholders’ Meeting was convened at the Ministry of Power on November 23, 2012 and over 40 Stakeholders reportedly attended.
 

It was at this meeting that Mrs. Zainab Kuchi, new Minister of Power and the Solicitor-General of the Federation signed a new Out of Court Settlement Agreement with Sunrise (Its Chairman, Mr. Leno Adesanya signed) and also a new GPEA with Sunrise and Sinohydro (Its Technical and Financial Partners) was affirmed with a mandate to execute 100% of the EPC Contract.

In 2013, then President Goodluck Ebele Jonathan during a State Visit to China was called upon by the Chinese President “To please consider both Sinohydro and CGHC as EPC Contractors.”
 

The new Minister, Professor Chinedu Nebo then appealed to Sunrise to vote CGGC (Not CGC) as Co-contractor, a position that was accepted by Sunrise so that the project will be up and running.

As a result  of that parley, On January 14,  2015,  the Federal Ministry of Power, issued an Award Letter (No FMP/6145/S.11.1.185 of January 14, 2015) to Messrs CGCC and Sinohydro, specifically informing both Chinese companies that “Please note that based on the General Project Execution Agreement and Terms of Settlement agreed on the 23rd November, 2012 between the Federal Government on one hand and Sunrise/Synohydro on the other hand, Sunrise Power and Transmission Co. Ltd will serve as  local content Partner on the Mambilla Project
 

The Present:

When President Muhammadu Buhari assumed Power, like all past Presidents, the issue of power was key on his agenda. In fact during one of his very first interviews on Channels Television in 2015, he stated that “The 3050MW Mambilla Hydropower Projectis stalled because FGN refused to pay 15% counterpart funds to Chinese Contractors; Just 15 per cent”.
 

It was not therefore, a surprise that on June 29, 2015, President Buhari reportedly hosted Alhaji Lawal Idris for over an hour at the Presidential Villa. He was in the company of Mr. Leno Adesanya, the Chairman/CEO of Sunrise.

We gathered that Adesanya presented a comprehensive briefing on the history of his company’s involvement with the Mambilla Power Project and how Sunrise, his company already has subsisting contractual agreements with the Federal Government as regards its execution.
 

There was an indication that since there was another Sheriff in town, the project will start revving again. When it didn’t, Sunrise wrote Mr. Babatunde Raji Fashola, (SAN)  on February 26, 2016, notifying him that it had held joint meetings with the two companies (SINOHYDRO and CGGC) in Beijing, and they have agreed to split the EPC Contract on a 50/50 basis; The Minister notified his Permanent Secretary, Mr. Louis Edozien in the letter.

A month later, on March 8, 2016, Engr. E.O. Ajayi, Director (Energy Resources) on behalf of the Minister, wrote to Mambilla project Consultants, Coyne et Bellier/Decrown, urging the company to send a reminder to Messrs Sinohydro and Messrs CGGC to submit the cooperation agreement detailing the division responsibility/section of works of the parties, noting that the consortium is jointly and severally responsible for the full implementation of the project. The Consortium was directed to submit the said agreement not later than March 31, 2016.
 

That was not all, many people involved in the project were now more enthusiastic when it was announced that President Buhari was preparing his first official visit to China.

He eventually embarked on the 4-day visit on April 10, 2016 but for some inexplicable reasons, this all important Mambilla project was not on the agenda.
 

We gathered from the delegation, that with pressure from Mr. Leno Adesanya, Governor Nasir El Rufai of Kaduna State, Governor Mohammed Badaru Abubakar of Jigawa State and Chief Audu Ogbe, decided to bring the situation  to the attention of a very angry President Buhari, who was upset that the Taraba Governor was not invited on the trip by the Minister of Power Works and Housing. In any case, that was how Mambilla hit the front burner and became one of the key issues of the Presidential visit.

On his return later that month, President Buhari sent his Chief of Staff back to Beijing to conclude the negotiations, which resulted in the agreed price of $5.79 billion.
 

In addition, on April 25, 2016, Mr. President wrote through his Chief of Staff (Letter No. SH/COS/05/A/1847) to the Honourable  Attorney-General, Mr. Abubakar Malami, SAN, copying the Minister of Power Works and Housing (HMOPWH), to propose a strategy for resolving all the legal issues and disputes relating to the Mambilla Power Project including the matter of the “warring parties”.

As per the directive given by Mr. President, The Boss learnt that the Attorney-General held series of meetings with the parties involved, and on May 20, 2016 in a letter addressed to Mr. Babatunde Fashola SAN, the Attorney-General made the following recommendations:
 

1)  Government should engage Sinohydro Corpration and CGGC jointly for the purpose of executing the Mambilla Project in line with the Spirit of the Letter of Award dated January 14, 2015, on a 50-50 basis or based on other technical parameters to be determined by the Project Consultants

2)  Engage the Chinese Embassy in Nigeria/Chinese Government to ensure the success of the plan to award the job to two companies
 

3)  Sunrise Power & Transmission Company Limited should be engaged as Local Content Partner on the Mambilla Project as a means of accommodating its prior contractual interests on the project

4)  A joint meeting of the Federal Ministry of Justice and the Ministry of Power, Works and Housing for the purpose of streamlining the above positions and advising Mr. President through the Chief of Staff accordingly should be convened.
 

Curiously, six days after this legal advice, the Chief of Staff allegedly invited a Kaduna-based Chinese Company (CGC Nigeria Limited) to a meeting at the Presidency.

Present at the meeting were Sinohydro, CGC, CGGC, Mr. Fashola and some top Ministry officials. It was at this meeting that Mallam Kyari urged these three companies to cooperate and form a Joint Venture.
 

Despite being told by the Chairman of Sinohydro, and Fashola about the existing agreements with Sunrise, the CoS insisted that they should go ahead with the new arrangement, and instructed the Chinese to deal directly with the Presidency and the Ministry; not their local partners.

Not still satisfied with that move, on January 23, 2017, the Attorney General, wrote the Minister of Power, Works and Housing. The letter, HAGF/SH/2017/Vol.1/14 was titled: Request To Convene A Meeting On Procurement Process For The 3020MW Mambilla HydroElectric Power Project in Light of Outstanding Legal Issues.
 

Fashola replied three days later in a letter: FMP/6145/S.11/Vol.11/517, noting that his ministry welcomes the meeting requested that aims to resolve all issues raised.

The Minister also wrote a letter to Mr. Leno Adesanya on May 3, 2017 in response to a letter that the former had written him on March 31, 2017. He asked Mr. Adesanya to present his observations at a Stakeholders Meeting to be scheduled by the Chief of Staff to the President as proposed by the Attorney-General.
 

While everyone involved was looking forward to that meeting, Mallam Abba Kyari fired a letter he personally signed to The Honourable Minister of Power, Works and Housing on May 22, 2017 with the title: Re: Letter Referenced FMP/6145/S.II/569 In Respect of Mambilla HydroProject

The two paragraph letter stated:
 

 “Further to our discussion, kindly note that Messrs Sunrise Power and Transmission Company Limited is not party to the existing arrangements on this project.

“The Contractor engaged is Messrs CGGC-Sinohydro-CGCOC Joint Venture”.
 

Interestingly this letter was written when Mr. President was having his medical vacation abroad.

Messrs Sunrise must have been enraged by this unilateral decision of the Chief of Staff and consequently wrote the Vice President, Professor Yemi Osinbajo, who was Acting President at the time to intervene.
 

Mr. Leno Adesanya, who signed the letter as Chairman/CEO, updated the Acting President on the project, alerting him that it was the Chinese that informed them of the sad news.

He went on to make an appeal: “Your Excellency, permit me to say that over the years, we have pleaded with our financial partners to be patient with the FGN as various developments that delayed the project played out.
 

“We are however constrained to observe that the latest developments, if not rectified in line with the legal recommendations of the HAGF, prior to seeking FEC approval, shall leave us with no choice but seek legal redress where appropriate including against the Chinese government. We are however, confident that with your expected intervention, this reluctant prospect can be avoided.

“We trust your sense of justice and your commitment to the early realization of this project…”
 

The Attorney-General certainly was also unhappy with this development, little wonder that on July 24, 2017 he also wrote the Acting President.

Titled “Re: Correspondence In Respect Of The Procurement Process For The 3050MW Mambilla Hydro-Electric Power Project In Light Of Outstanding Issues”, he noted that following Mr. President’s directive of April 2016, he had developed a legal opinion, and had forwarded same to the Minister of Power, Works and Housing.
 

He re-affirmed his recommendation insisting that he informed the Chief of Staff to the President and Minister about this and he wanted the Acting President to give appropriate directive.

Well, it seemed the letters from these two men did not carry much weight because just like he had promised in the meeting in 2016, and his letter of 2017, Mallam Abba Kyari had his way and the Nigerian Company was kicked out. There was no word from the Vice President or his office on the matter.
 
We were told that many moves were made for a meeting, even President Buhari’s main man, Alhaji Mamman Daura, reportedly tried to arrange one of such meetings on September 30, 2017, but the Chief of Staff will have none of it.
 

He advised Mr. Leno Adesanya, whose company, Sunrise, had been short-changed to “go to court”.

Of course following the November announcement by Fashola, there was a chain reaction. Sunrise activated the Arbitration Clause of its November 23, 2012 GPEA Agreement, and approached the International Chambers of Commerce, International Court of Arbitration in Paris, France to take charge; and it is claiming $2.3 billion in damages and profit loss.
 

The ICC Case No. 23211/TO is between Sunrise, Federal Government of Nigeria and Sinohydro Corporation Limited.

Already the legal fireworks have begun: While Mr. Jeremie Chouraqui is lead Counsel for Sunrise, Mr. Richard Smellie is representing Sinohydro while Supo Shashore, SAN is representing the Federal Government of Nigeria.
 

Despite this move at arbitration, Sunrise, through its Lawyer, Mr. Femi Falana, SAN has written to the Attorney-General (copied to Minister of Power, Works and Housing and Presidency) still seeking ways of an amicable settlement; because Sunrise wants to execute the EPC contract based on the full compliance of the July 24, 2017 recommendations of the learned Attorney-General, Mr. Abubakar Malami, SAN, to the Federal Government.

The February 2018 letter was a last ditch request and appeal to the nation’s Chief Law Officer to intervene and midwife the resolution in line with his earlier recommendations which will save Nigeria over $2 billion, as well as stem the negative publicity that the trial will generate, especially now that Nigeria is trying to project itself as an investment-friendly destination.
 

In a bid to get a clearer picture of this drama, we decided to speak directly to the Vice President, Professor Yemi Osinbajo  (Through his Senior Special Assistant, Media, Laolu Akande), Mallam Abba Kyari, Mr. Louis Edozien, the Permanent Secretary as well as Mr. Leno Adesanya.

We wanted to know exactly why Sunrise was disqualified, which company has taken its place as Local Content Partner, and since the Chinese had committed to paying $millions of dollars to Sunrise, who will be receiving this payment? We also wanted to enquire if there was a tender and under which circumstances did Bureau of Public Procurement (BPP) issue these Chinese firms Due Process Certificates?
 

As at the time of filing this report, only the Minister of Power, Works and Housing, Mr. Babatunde Fashola, SAN, has reached out to us. He said he was not authorised to discuss Federal Executive Council meetings and decisions with the media.

He spoke three times informally to our Publisher, but declined to comment specifically on the issues raised. He stated that if there were any clarifications or observations to our story, they will be conveyed to us through the official channel.
 

The other dramatis personae have not responded. For sure, we have not heard the last of this extremely complicated saga.


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John Mahama Identifies, Proffers Solutions to Challenges Confronting Africa

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By Eric Elezuo

The former President of the Republic of Ghana and President candidate of the NDC in the forthcoming December General election, Dr. John Dramani Mahama, has said that that though the challenges confronting Africa as a continental are enormous, they are not insurmountable, adding that it will take the lion-hearted, and not the faint-hearted to undertake the task of rebuilding the continent.

Dr. Mahama made the remarks while presenting his address titled “The Future of Africa in the Midst of Rising Security, Economic, and Political Challenges”, as a keynote speaker at the just concluded 64th edition of the General Conference of the Nigerian Bar Association (NBA), held at the Convention Centre of the Eko Hotel and Suites in Lagos with the theme, Pressing Forward: A National Posture for Rebuilding Nigeria.

The former president, who is a most preferred candidate come December, when Ghana returns to the polls, said that all and sundry must brace up to tackle the crises that have bedeviled the continent while itemizing some of the challenges to include ‘heavy reliance on exporting commodities and importing essential goods’ among a host other handicapping measures that have rendered the continent backward in the indices of development.

He called on Africans to capital on the recent breakthrough with the establishment of the African Continental Free Trade Area (AfCFTA), which he said is not merely an economic agreement, arguing that legal framework of the AfCFTA offers an unprecedented opportunity to reshape the economic landscape of our continent. He further highlighted the need to check brain drain and address youth unemployment as a step towards curbing the many challenges of underdevelopment facing Africa.

He used the opportunity to call out the government of Ghana, saying that “87% of Ghanaians believe the country is heading in the wrong direction. Additionally, 85% of Ghanaians rate the country’s economy as “bad,” while 72% describe their personal living conditions as “fairly bad” to “bad.”

“Now, this is where it gets interesting. About 55% of Ghanaians say they have lost trust in Parliament, and 53% have lost trust in the Presidency. Moreover, 73% believe the government is not doing enough to fight corruption, and 64% feel the government is failing to improve the economy. Another revealing statistic is that 22% of Ghanaians agree that the country would be better off under military rule.”

The speech reads in full:

The Chairperson, President of the Nigerian Bar Association, Members of the Nigerian Bar here present, Invited Guests,
Distinguished Ladies and Gentlemen.

It is with profound gratitude and a deep sense of responsibility that I stand before you today as the special guest at this Annual General Conference of the Nigerian Bar Association. Your invitation to address this distinguished gathering is not just an honor for me, but a recognition of the crucial role the legal profession plays in shaping the future of our beloved continent.

Your invitation is also historic. In my nearly 30 years of public service, this is the first time I have been invited to a bar conference. I was genuinely surprised to receive your invitation, as I had always believed that bar conferences were exclusive events meant only for members of the legal profession.

I thoroughly enjoyed the opening ceremony yesterday, and your keynote speaker, Dr. Ngozi Okonjo-Iweala, a distinguished daughter of Africa, truly did justice to the conference’s theme.

I have been asked to speak for about 30 minutes on the topic, “The Future of Africa in the Midst of Rising Security, Economic, and Political Challenges.” As a student of history, I like to begin my lectures with some historical context.

Following the Second World War, a combination of factors sparked the struggle for independence in Africa. Soldiers returning from a war that had little to do with them, and African students who had been radicalized by the ideas of Pan-Africanism and the American civil rights movement, became catalysts for the independence movements, particularly in Ghana. By 1957, Ghana emerged as the first country south of the Sahara to gain independence, paving the way for several other African countries, including Nigeria, to follow soon after.

Emerging from colonial rule was an exhilarating and hopeful time for Africans, who looked forward to a future of building great nations that would ensure dignity and prosperity for all their people.
That dream was short-lived. By the late 1960s and into the 1970s, most African governments had fallen under military or autocratic rule. Human rights were routinely violated, and free expression and an independent media were aspirations that seemed reserved for future democracies.

This period in African history, which I refer to as the “lost decades,” was marked by stagnating economies and oppressive military regimes. The few attempts to return to civilian rule were short-lived, with the military quickly reclaiming power.

The 1990s signaled a new dawn for Africa. One by one, African countries began returning to constitutional democracy. It was widely believed that democracy would not only protect the rights and freedoms of the people but also unleash their creative potential to build prosperous lives. Once again, there was hope. At one point, six of the world’s fastest-growing economies were in Africa, reigniting our belief in a prosperous future.

Fast forward more than two decades, and Africa finds itself at a critical juncture. The neocolonial stranglehold continues to choke the continent. While democratic governance has undoubtedly led to some commendable progress in infrastructure and the emergence of an affluent middle class, Africa remains largely an exporter of raw materials and a consumer of finished goods. Per capita incomes remain low compared to many countries with which Africa was on par at the time of independence.

Time is running out to make the crucial decisions that will once again inspire hope in the future of our democratic governance. Let me share a few examples from my own country, Ghana. According to the latest Afrobarometer survey, an overwhelming 87% of Ghanaians believe the country is heading in the wrong direction. Additionally, 85% of Ghanaians rate the country’s economy as “bad,” while 72% describe their personal living conditions as “fairly bad” to “bad.”

Now, this is where it gets interesting. About 55% of Ghanaians say they have lost trust in Parliament, and 53% have lost trust in the Presidency. Moreover, 73% believe the government is not doing enough to fight corruption, and 64% feel the government is failing to improve the economy. Another revealing statistic is that 22% of Ghanaians agree that the country would be better off under military rule.

These figures indicate a significant decline in trust in democratic governance in Ghana, which should serve as a wake-up call for all of us. While I am not certain of the most recent statistics for Nigeria, given that our two countries—often called Siamese twins from the same mother, and always playfully competing over football and jollof—are so similar, the sentiments in Nigeria are likely not too different.

The African continent today is grappling with a range of complex issues that threaten to derail our progress. Recent geopolitical tensions have led to a cascade of economic challenges, including rising food and energy prices. At the same time, the looming threat of climate change casts a shadow over our agricultural productivity and energy security. These challenges are further exacerbated by ongoing political instability, as seen in the recent coups d’état in Burkina Faso, Guinea, Niger, and Mali—clear reminders of the fragility of democratic governance in parts of our continent.

Our young people, who are emerging from schools better educated than ever, have access to more information thanks to the digital age. However, many Millennials, Gen Z, and other generations feel that African democracies are not working for them.

It is crucial that we, as leaders, understand that these challenges are not isolated. They are symptoms of deeper, systemic issues rooted in the power dynamics of the contemporary international system. The current global order, dominated by Western democracies, has created a paradigm of intense competition among key state actors, often perpetuating external dependencies and manipulations that disproportionately impact regions like Africa.

The paradox of our time is that some of the largest holders of natural and human resources, including many African nations, find themselves vulnerable and dependent in this era of globalization. The accompanying structures and institutions of these power dynamics ensure that decision-making processes, even within organizations like the United Nations, are dominated by a select few—often to the detriment of the Global South.

Recent developments on the international stage underscore the instability and insecurity pervading the global system. These events point to institutional failures and the inability of powerful interests to act decisively when it matters most. The ripple effects of these global crises are felt acutely in Africa, intensifying existing challenges and giving rise to new ones.

The recent wave of political insurrections and coups in Africa, particularly in the Sahel region, reflects deep-seated issues of injustice, alienation, and marginalization. The state fragility and insecurity that have led to military takeovers in Guinea, Mali, Chad, Niger, and Burkina Faso have not only disrupted mutual understanding within the ECOWAS sub-region but also exposed the limitations of current diplomatic and interventionist strategies.

Distinguished members of the Bar, we must ask ourselves: What is the future of Africa? What are the challenges that threaten Africa’s future? And what role do you, as legal professionals, have in securing this future?

To answer these questions, we must first examine the structural challenges that undermine our African economies—challenges that have been starkly highlighted by recent global events. These events have not only disrupted our economies but have also exposed the deep-rooted vulnerabilities that have long persisted beneath the surface of our economic frameworks.

Our continent’s heavy reliance on exporting commodities and importing essential goods has made us especially vulnerable to the unpredictable fluctuations of global markets. This vulnerability is not a recent development; it is a lingering legacy of colonial economic structures that we have yet to fully dismantle. The recent commodity price shocks have sent shockwaves through our economies, exposing the fragility of our financial stability and undermining our economic sovereignty.

Let’s examine these structural challenges in more detail:

Firstly, the mono-product nature of many African economies poses a significant barrier to sustainable growth. Take Nigeria, for example—it is heavily dependent on oil exports, which account for a major portion of its export earnings. This overreliance on a single commodity leaves the economy highly susceptible to global oil price fluctuations, as we have seen all too clearly in recent years. Similar situations exist across the continent, whether it’s cocoa in Côte d’Ivoire, gold in Ghana, copper in Zambia, or diamonds in Botswana.

Secondly, despite its enormous potential, our agricultural sector remains largely underdeveloped and underutilized. We continue to import vast quantities of food that could be produced locally, which drains our foreign exchange reserves and stifles the growth of domestic agribusinesses. Moreover, the legal frameworks governing land use, agricultural financing, and food safety standards often lag behind global best practices, discouraging investment and innovation in this vital sector.

Thirdly, our manufacturing base is severely underdeveloped. The premature deindustrialization of Africa, driven by poorly designed structural adjustment programs and inequitable global trade practices, has resulted in our exclusion from global value chains. Our contribution to global manufacturing value-added remains below 2%, a statistic that does not reflect our potential and instead perpetuates our role as exporters of raw materials.

Fourthly, the informal sector, which accounts for a substantial portion of employment and economic activity in many African countries, operates largely outside the formal legal and regulatory frameworks. This not only restricts productivity and growth but also deprives governments of much-needed tax revenues and workers of essential legal protections.

It goes without saying that our financial systems remain underdeveloped and are often inaccessible to large segments of our population. The lack of robust credit reporting systems, limited access to long-term capital, and high interest rates stifle entrepreneurship and hinder economic diversification.

As legal professionals, you have a crucial role in addressing these structural challenges. Your task is not just to advocate for change but to actively shape the legal frameworks that will support the diversification and strengthening of our economies. This requires a multifaceted approach:

The recent breakthrough with the establishment of the African Continental Free Trade Area (AfCFTA) is not merely an economic agreement; it is the embodiment of the pan-African vision championed by leaders like Kwame Nkrumah. As Nkrumah once prophetically stated, “Africa must unite now or perish.” The AfCFTA reflects this spirit, ushering in a new era of economic integration and opportunity that transcends the arbitrary borders imposed by colonial powers. It stands as a testament to our collective determination to carve out our own path and shape our economic destiny.

However, we must acknowledge, with a clear-eyed realism, that this immense potential remains largely unrealized due to ongoing structural impediments and external shocks. The lingering effects of colonial exploitation, the burden of unsustainable debts, and the volatility of global commodity markets continue to challenge our progress. Yet, it is precisely in facing these challenges that you, as legal professionals, must step forward.

The legal framework of the AfCFTA offers an unprecedented opportunity to reshape the economic landscape of our continent. As custodians of the law, you bear the responsibility of ensuring that this framework not only promotes trade but also protects the rights of our workers and citizens. You must diligently scrutinize and refine the protocols on trade in goods and services, ensuring they align with international labor standards and human rights conventions.

Furthermore, the protocol on the free movement of persons is not just an economic necessity but a realization of the pan-African dream. It is your duty to advocate for and implement legal mechanisms that enable seamless movement across our borders while addressing legitimate security concerns. You must work tirelessly to harmonize immigration laws, recognize professional qualifications across member states, and establish robust systems for the mutual recognition of judgments and arbitral awards.

For your profession, the implementation of the AfCFTA opens up new opportunities and responsibilities. You must proactively adapt your legal education and practice to meet the needs of an integrated African market. This involves developing expertise in international trade law, cross-border disputes, and comparative African law. It also means establishing pan-African law firms and legal networks capable of serving clients across the continent, thereby fostering a truly African legal ecosystem.

Moreover, you must lead in developing a body of African commercial law that reflects our values and realities. This includes drafting model laws for e-commerce, intellectual property protection, and competition, all tailored to the African context. You should also advocate for the creation of an African Commercial Court to resolve disputes arising from the AfCFTA, ensuring that African jurisprudence plays a central role in interpreting and applying the agreement.

As we navigate this new landscape, we must remain vigilant in addressing potential challenges. The benefits of economic integration should not be limited to large corporations or political elites. You must develop and enforce competition laws that prevent monopolistic practices and ensure that small and medium enterprises can thrive in this expanded market. Additionally, environmental protection must be an integral part of our trade policies, ensuring that our pursuit of prosperity does not come at the expense of our natural heritage.

In the spirit of Nkrumah’s vision, let us view the AfCFTA not as an end in itself, but as a stepping stone toward greater political and economic unity. As legal professionals, you must become the architects of this new Africa, crafting laws and institutions that bring our nations closer together. You should also work to revive and modernize concepts of African customary law, creating a distinct African legal identity that honors our diverse traditions while addressing the needs of a modern, integrated economy.

The task before you is monumental, but so too is your capacity to meet it. Let us take inspiration from the words of another great pan-Africanist, Julius Nyerere, who said, “Without unity, there is no future for Africa.” As we move forward with the implementation of the AfCFTA, let us do so with an unwavering commitment to unity, justice, and prosperity for all Africans. Your legal expertise must serve as the foundation upon which the structure of African economic integration is built, ensuring that the dreams of Nkrumah and our other founding fathers are not just aspirations, but become the lived reality of every African citizen.

Ladies and gentlemen, climate change poses an existential threat to our agricultural sector and energy security. As guardians of the law, you must take the lead in developing and implementing legal instruments that promote sustainable agricultural practices and incentivize investment in renewable energy. Your role goes beyond mere advocacy; you must draft legislation that balances economic development with environmental sustainability, ensuring that the Africa of tomorrow is not constructed at the expense of its natural heritage.

The specter of political instability continues to cast a shadow over our continent. The recent wave of coups d’état in West Africa is a stark reminder of the fragility of our democratic institutions. Even more concerning is the rise of “people’s coups,” which reflect a deep disillusionment with the democratic process. As legal professionals, you have a solemn duty to strengthen the pillars of democracy—the rule of law, the separation of powers, and the protection of fundamental rights.

You must undertake a critical examination of our constitutional frameworks, electoral processes, and accountability mechanisms. The Nigerian Bar Association must be at the forefront of advocating for reforms that enhance the credibility of our democratic institutions and restore trust in the social contract between the governed and their leaders.

Distinguished members of the Bar, let us now turn our attention to a matter of paramount importance—the youth of Africa. This demographic represents both our greatest challenge and our most promising asset, a duality that requires our urgent attention and coordinated action.

The alarming rates of youth unemployment across our continent are not just statistics to be discussed in academic discourse or political rhetoric; they are a ticking time bomb of social unrest and unfulfilled potential. As legal practitioners, you cannot afford to be passive observers of this unfolding crisis. It is your duty to champion policies and initiatives that create meaningful opportunities for our young people. Your role extends beyond the courtroom and the boardroom; you must become architects of a future that fully harnesses the boundless potential of our youth.

First and foremost, you must advocate for educational reforms that are aligned with the needs of a 21st-century economy. The current educational system, a remnant of our colonial past, is utterly inadequate for preparing our youth to face the challenges and seize the opportunities of the modern world. You must push for a comprehensive curriculum overhaul that emphasizes critical thinking, digital literacy, and practical skills. As legal professionals, you can contribute to this by offering internships, mentorship programs, and practical legal education initiatives that bridge the gap between academic theory and professional practice.

Additionally, you must work toward establishing a robust legal framework that fosters entrepreneurship among our youth. This involves advocating for legislation that simplifies business registration processes, provides tax incentives for young entrepreneurs, and improves access to credit and capital.

In this context, I propose the creation of a Youth Entrepreneurship Legal Clinic. This initiative would offer free legal advice and support to young entrepreneurs, helping them navigate the complex legal landscape of business formation and operations. By lowering legal barriers to entry, we can unleash a surge of innovation and job creation driven by our youth.

Furthermore, you must ensure that our labor laws evolve to protect the rights and interests of young workers in an increasingly dynamic and digital economy. The rise of the gig economy and remote work presents both opportunities and challenges for our youth. You should advocate for legislation that provides social protections for freelancers and gig workers, ensures fair compensation, and prevents exploitation. This may involve pushing for amendments to the Labor Act to recognize new forms of employment and extend essential protections to all categories of workers.

Additionally, we must address the brain drain that depletes our continent of its brightest minds. While we cannot halt the forces of globalization, we can create conditions that make staying in Africa a compelling choice for our youth. This means advocating for policies that improve the ease of doing business, enhance public infrastructure, and foster a more meritocratic society. As legal professionals, you can play a crucial role by promoting transparency and accountability in governance, thereby cultivating an environment where talent and hard work are genuinely rewarded.

We must also recognize that youth issues intersect with other societal challenges. For instance, climate change disproportionately impacts our youth, who will bear the brunt of our environmental decisions. You should therefore promote environmental law and advocate for sustainable development practices that create green jobs and secure a livable future for generations to come.

Moreover, it is essential to address the gender disparities that persist in youth employment and entrepreneurship. Young women face unique barriers to entering and succeeding in the workforce. You must champion policies that promote gender equality in education and employment, combat discrimination, and support young women entrepreneurs.

Ladies and gentlemen, the task before us is formidable, but not insurmountable. By harnessing the innovative spirit of our youth, combined with your legal expertise and advocacy, we can transform this demographic challenge into a demographic dividend. I urge you to commit yourselves to this cause with the same zeal and dedication that you bring to your legal practice.

I call upon every member of the Nigerian Bar Association to take up this challenge. Establish a Youth Empowerment Committee within your organization, tasked with developing concrete policy proposals and initiatives to tackle youth unemployment and underemployment. Engage with legislators, policymakers, and industry leaders to create a national youth empowerment strategy that transcends political divides and electoral cycles.

Let us remember the words of Wole Soyinka: “The greatest threat to freedom is the absence of criticism.” As legal practitioners, it is your duty to critically examine and challenge the status quo, to be the voice of the voiceless, and to pave the way for a future where every young person can realize their full potential. The future of our continent depends on our ability to transform the latent energy of our youth into a driving force for progress and prosperity. By empowering our youth, we secure not just their future, but the future of Africa.

Furthermore, we must recognize that the legal profession itself must evolve to meet the needs of a changing world. Our legal education systems need reform to produce lawyers who are not only technically proficient but also deeply committed to social responsibility. We must revive the vision of our forebears, who saw lawyers as fearless defenders of the rule of law and unwavering advocates for the common citizen.

To this end, I call upon the Nigerian Bar Association and other Bar Associations across Africa to establish a comprehensive pro bono program, requiring each member to dedicate a minimum number of hours to providing free legal services. We must also strengthen our legal aid systems and promote public interest litigation as powerful tools for advancing social justice and good governance.

The challenges before us are formidable, but so too is the resilience of the African people. Like the eagle, we must rise above the storms that surround us, using our keen vision to chart a path toward a brighter future. We must muster the strength to break free from the constraints of our colonial past and forge a distinctly African path to development.

As we move forward in rebuilding Africa, let us be guided by the principles of inclusivity and sustainability. Your efforts must ensure that the benefits of development are equitably distributed, reaching all segments of society, particularly women, rural communities, and persons with disabilities. The recent leadership of the NBA Conference Committee by an allfemale team is a commendable step in this direction, but it should be seen as a starting point, not the culmination, of our efforts toward achieving gender equality.

In conclusion, the task of rebuilding Africa is not for the faint-hearted. It requires the wisdom of the owl, the courage of the lion, and the vision of the eagle. As members of the legal profession, you are uniquely positioned to lead this transformative journey. Let us leave this conference not just with words, but with a renewed commitment to action. Let us pledge to use our legal expertise not only in service to the powerful but also in uplifting the vulnerable and voiceless.

The future of Africa rests in our hands. Let us move forward with determination, innovation, and an unwavering commitment to justice. For in the words of your national anthem, “The labour of our heroes past shall never be in vain.” May your actions and advocacy ensure that the Africa of tomorrow realizes the full potential of its people and resources.

Thank you for your attention, and I wish you all the best for the rest of the conference.

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Boss Picks

Adetola Nola and Quotable Quotes

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Compiled by Eric Elezuo

In the course of his entrepreneurial journey, Nola Adetola has made statements that shaped his being, and stand as reference point of motivation for up and coming entrepreneurs. Some of them are:

“We are dedicated to providing world-class homes and shaping the real estate sector in Nigeria.”

“Supporting and nurturing emerging talent is a crucial part of my journey. The Adetola Business Incubator is our way of giving back and fostering innovation in Nigeria.”

“Africa has immense potential for growth, and we are determined to play a significant role in solving housing challenges on the continent.”

“I am a perfectionist, and I take nothing short of excellence”

“It is an honour to be part of this list that features so many great people. Forbes has done a great job compiling and ensuring the credibility of this list since inception, and it is a leading resource for entrepreneurs, like myself.”

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Boss Picks

Adetola Nola and His Business Conglomerate

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By Eric Elezuo

Reveling in the euphoria of conquering territories and breaking barriers as a young entrepreneur, Adetola Nola, CEO at various and diverse business concerns, have created niches and landmarks that have come to stand the test of time. Some of them are

VERITASI HOMES AND PROPERTIES

Veritasi Homes is a business designed towards value orientation and it’s completely value-driven. Veritasi adapts projects to meet client needs, value requirements and cost consideration.

It is a world-class real estate development company, driven by value innovation and optimum service to deliver functional homes.

Among properties attached to the the brand are the CUMBERWALL ADVANTAGE 5, CAMBERWALL ADVANTAGE ANNEX 5, ITUNU RESIDENCIAL, ITUNU CITY, CUMBERWALL ADVANTAGE 3, CUMBERWALL ADVANTAGE 4

A.R.N. FOODS LIMITED 

The A.R.N. is a trusted partner in the world of commodity trading with a vision to revolutionize the agricultural produce commodity market in Nigeria and beyond. With a commitment to excellence, customer satisfaction, and a vision that knows no bounds, A.R.N. is transforming the way Agri-produce commodities are sourced, traded, and distributed.

The farm provides customers with high-quality products including fresh rice, soybean, maize, catfish, fresh organic vegetable.

At A.R.N. Farms & Commodities, there is the presence of unwavering commitment to exceptional quality, competitive prices, and personalized service, which sets it apart in the world of commodity trading.

Under ARN, Nola has developed a humongous rice mill.

ASTERIC ASSET MANAGEMENT

AAM for shirt, the firm is a specialized financial institution dedicated to providing financial services in the areas of Credit, Asset Management, Funds Management, Forex Services, Brokerage, Dealings etc.

We ensure to provide the highest levels of support to our clients as we sit on their side of the table to find the most suitable finance options for their specific needs.

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