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The Major Causes of Vandalism

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On the 13th of May 2021, a video, showing the vandalized Itakpe-Warri rail track, was circulated. The vandals cut this rail track at different places and also loosened some bolts. Pictures of this vandalism that later emerged showed where the vandals removed some of the components, including rails and sleepers. But fortunately for Nigerians, the officials of the Nigeria Railway Corporation saw the vandalism before it could throw the nation into mourning. So far, some arrests have been made concerning this criminal act but details about who caused it and why they did it have not emerged.

Itakpe-Warri rail track is not the first government property that has been vandalized. But this vandalism would have led to a very fatal accident if it wasn’t discovered on time. People were shocked by such an act because no one believed that anybody in his right senses would have the mind to endanger the lives of others. Apart from that, the rail track was newly rehabilitated and inaugurated in September 2020. Why then would someone want to destroy what was given to him to make his life easier and his businesses thriving? This is why it becomes necessary to discover why people engage in vandalism.

Vandalism is the deliberate destruction of public or private properties. It is not done accidentally. Yes, an accident can cause the destruction of a property but that doesn’t make the person involved a vandal. Hence, people that vandalize things do so intentionally; they have no excuses for their crime.

Nevertheless, several causes of vandalism have been discovered and acknowledged. So far, unemployment is the culprit everyone blames. It is believed that no one that has a gainful job will consider destroying what belongs to others. Some people claimed that it is not just unemployment that causes this but also poverty. People that favour the latter argument will remind you that it is only a poor expert that can vandalize properties such as transformers, high voltage wires and accessories, and rail tracks. These people argue that if the economy becomes good, vandalism will be eradicated. But if we consider unemployment and poverty as the causes of vandalism, what then can we say about the persons that can afford the equipment that cuts and moves rail track components? If they can afford those equipment, can we say they are poor or unemployed? Can a poor person afford the cutting machine or can an amateur cut the tracks? These are some of the questions begging for answers?

Other major causes of vandalism are anger and frustration towards the victim(s). Examples of these were seen during the violence that accompanied the ENDSARS protest. Many public and private properties were destroyed by the agitators while the other Nigerians cheered them on. The anger was on the government but some were transferred to individuals that were considered beneficiaries of the government. 

But many of these protesters went too far to the extent of vandalizing private business premises and properties. We cannot say that this was caused by anger towards the government or frustration for the state of things in the country. Many of the acts of vandalism that happened then, and even the ones happening now, were caused by envy and malice. Yes, vandalism can be carried out because the vandals hate the progress of the victim(s).

One thing people seem not to remember when discussing vandalism and its causes is that many vandals have the primary objective to steal. For instance, some of the participants in the mentioned ENDSARS violence were thieves looking for opportunities to break in and carter away what belongs to others, including corporate organisations and emerging entrepreneurs. The vandals of the Itakpe-Warri rail track were also thieves and so were many others. However, no patriotic individual will destroy anything that was built and/or owned by his country or fellow citizens in the name of agitation, poverty, theft, envy, and so on. This is to say that the chief cause of vandalism is a lack of patriotism and neighbourliness.

Nigerian FM Industry in the Midst of Post-Pandemic Augmented Realities, New Standing Tall

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Just like Zoom, Skype and other technology-driven products and services neglected by the world before Covid-19 pandemic, facilities management industry and practitioners are hardly engaged by people and businesses. Non-recognition of the primary place of the industry in effective operation and value delivery to every stakeholder is common among the public establishments in developing countries than in the developed world.

In Nigeria, for instance, it is hard to see FM companies managing public infrastructure across the country. This was the reality before the pandemic. However, when the pandemic struck, our analyst notes that some states and the federal government engaged FM companies for the maintenance and management of infectious diseases centres. During the first and second wave of the virus, FM professionals and others in the built environment were frontline workers.

The critical roles played during the two waves and still being played by the professionals across the world informed the choice of “Celebrating FM: standing tall beyond the pandemic” as a theme for 2021 World FM Day, in tribute to a sector that became highly visible due to its crucial role in controlling the pandemic. The roles were not played without unexpected challenges, which nearly grounded operational efficiency of most companies and professionals’ adaptation to the emerging realities from all sides. Companies with the capacity and ability to overcome critical uncertainties were able to create and implement a number of strategies.

Then, one of the professionals argue that “What is critical now is that when business goes back to normal, players and professionals need to amend some of the ways of creating and delivering value in the old normal.” With this position and those expressed by concerned stakeholders during the celebration of 2021 World FM day in Nigeria, our analyst notes that FM industry and practitioners are facing augmented realities. The pandemic has made them realised that managing facilities without technology integration is impossible in a world with emerging and unexpected infectious diseases. Covid-19 emergence also points to the fact that FM brands and professionals cannot do without immersive facilities management practice earlier discussed by our analyst.

It is good that the industry is helping other industries and stakeholders winning the war. However, to stand tall, it needs to be more alive to emerging individual and organisational changing behaviour towards the pandemic.

Leverage Emerging Technologies

One of the key strategies for standing tall in the context of the augmented realities is the use of technologies. “FM professionals must leverage robotics and artificial intelligence (AI) for better outcomes,” Shina Atilola, the head of retail and consumer banking at Sterling Bank said during one of the events marking this year World FM Day in Lagos. For the technologies to deliver as expected, players and professionals need to increase their technical skills and knowledge.

Knowledge Co-Creation and Sharing

When the skills and knowledge are acquired, playing a solo game in terms of applying it will not help the industry. The skills and knowledge must be co-created and shared, especially with the emerging practitioners. The selection of Mentees from Lagos State Technical Schools, 500 level Estate Management students and Masters in Facility Management students from University of Lagos, and artisans by one of associations in the industry is a good development and an indication that stakeholders are ready to advance the emerging professionals towards post-pandemic augmented realities.  Collaboration with other professional associations in the built environment is also imperative since FM industry feeds other industries in their quest of delivering value to clients.

Investment in Research and Development

Investment in research and development remains elusive in the industry. If this continues, standing tall post-pandemic would be difficult. This is premised on the fact that constant innovation towards meeting the needs of the augmented realities cannot occur without adequate investment in research and development. In one of the previous articles, our analyst notes how lack of sustainable processes and competent hands are impacting innovation.

Beat The Early Bird Deadline and Register for Tekedia Mini-MBA

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Today is our early bird deadline for Tekedia Mini-MBA which begins June 7 to end Sept 1, 2021. I invite you to join us. Our program runs for 3 months, and you will have access for 12 months in our Board. Because everything is recorded and archived, we have designed it in such a way that you study at your pace.

So, we have bank managers, busy PhD students, CEOs, etc. Your scheduling will never get on the way because our structure has taken care of those. Join the best school today and accelerate your career and company.

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The Manufacturers Association of Nigeria (MAN) Presentation Is Tomorrow – 10am WAT

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Good People, many asked for access to this presentation. If you are a CEO or Managing Director of a business in Nigeria, you qualify. Unfortunately, it is a CEOs Meeting. I will offer access as approved by the Manufacturers Association of Nigeria (MAN). Let me know. My presentation is scheduled at 10am WAT tomorrow (Tuesday). Contact Tekedia Admin here.

Benefits of a Joint Venture Business

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Joint venture is one of the best ways for start-up companies and individuals who lack funds or technological know-how to gather the requisite materials needed to kick-start businesses from where they are and get to where they dream to be professionally. Thus, achieving success in a joint venture without more requires a good business plan, well executed agreement and effective communication among all parties involved for a complete execution of the target project. In this article, I have highlighted the benefits of a joint venture business backed up with some legal authorities. See the case of N.H. Int’l S.A. v. Nicon Hotels Ltd. (2007) 15 NWLR (Pt. 1056) at p. 9. 

What is a Joint Venture?

Joint venture means or presupposes that the business is owned by more than one person or companies. Although it has a time framework, it is essentially in the form of a contract and may be between a person and a company or between two or more individuals, or between companies or between a company and government agency with the sole aim of making profit in a specific area of interest. It may also involve two entities in different areas of expertise with the intention of coming together to create a legal relationship by way of joint venture to engage in a new project or provide a new service in accordance with the scope of what they have set out to do in the agreement. See the cases of Corporate Ideal Insurance Ltd. v. Ajaokuta Steel Co. Ltd. & Ors. (2014) LPELR-22255SC, Primeview Hotels Ltd & Anor v. Hotel Presidential Ltd & Ors (2020) LPELR-50642CA; sections 45 and 46 of the Nigerian Oil and Gas Industry Content Development Act, 2010. 

Essential feature of a Joint Venture:

Joint venture similar to partnership is a business undertaking between two or more persons engaged in a single defined project and the essential features are:

(a) Express or implied agreement

(b) Common purpose

(c) Shared profit and losses

(d) Parties enjoy equal voice in controlling the project.

See the case of Shoprite Checkers Limited & Anor v. A. I. C. Limited (2020) LPELR-49905(CA).

Aside the fact of coming together of two separate entities for the purpose of carrying out or working on a new project for profit making. It is important to note that a joint venture business avails parties with the opportunity of pooling resources or funds together and knowledge sharing to achieve success.

Benefits of a Joint Venture:

Some benefits of a joint venture are as follows:

  1. Business Expansion: A start-up company without fund or capital with potential for growth and good business idea may engage in a joint venture with an investor who has the capital for the on-boarding program of the business whereby parties share profits for a number of years that the agreement will last while maintaining a separate legal entity.
  2. Resources: This affords greater opportunity to more funds for the growth or expansion of business and even gains access to specialized staff or technology for increased product output and human capital as well as technological innovation which would otherwise not have been possible if not for the benefit of a joint venture.
  3. Capacity: There is an increase in capacity to what a company or an individual can achieve through a joint venture, part of which is greater chances in entrance to established markets and distribution channels globally. For instance, the Nigerian Oil and Gas Industry Content Development Act, 2010 empowers International Oil Companies to explore, develop, transport and sale of Nigerian oil and gas resources including upstream and downstream oil and gas operations which is a wider coverage granting additional capacity for international oil companies and other multinationals to engage in other business activities outside their licenses with other companies through joint venture.
  4. Shared Risk: Every business at one point or the other experience financial loss. Financial loss can be devastating to a single business entity, unlike a joint venture where parties to the agreement share losses according to the level of their investment in the business, thereby cushioning the effect of loss. This also extends to the area of taxation where the company created as a result of the joint venture pay taxes to the relevant authorities, unlike situations where different entities pay tax in instances of separate entity.
  5. Limited Life Span: Every joint venture has a life span which only covers part of what each party to the agreement is to do and at the end of which parties count their losses and gains before parting ways. This affords parties the opportunity to either mitigate loss or enjoy gains at the expiration of the joint venture agreement.

See the cases of Prof. Theophilus Adelodun Okin & Anor v. Mrs. Agnes Iyeba Okin (2016) LPELR-41165(CA) and Alade v. Alic (Nig.) Ltd. (2010) 19 NWLR (Pt. 1226) 111.

Joint venture is one of the ways to grow businesses

Risk of a Joint Venture:

Joint venture business can be complex as it takes time and effort to find a true collaborator to build the right relationship. Thus, the risks which may likely arise in a joint venture are:

  1. Objectives: Despite the fact that most joint venture agreements are documented and signed, parties always have ulterior motives, agenda and objectives which may likely frustrate or adversely affect the smooth execution of the project.
  2. Imbalance: There is always imbalance in the level of expertise, investment, technological innovation, assets, commitment and human capital brought into the project by different parties to the agreement.
  3. Ideology: Management style and cultural differences if not properly harnessed usually result in poor integration and cooperation in execution of a project under a joint venture. This is typically experienced in technology transfer between foreign expatriates and local or indigenous workforce in multinational companies.
  4. Non-Disclosure/Non-Compete Clause: Most joint venture agreements have non-disclosure or non-compete clause which prohibits either of the parties to engage in similar project or knowledge sharing scheme with a third party within the life span of the project.
  5. Conflict: As a result of breach of trust, dishonesty, part performance, lack of accountability and fiduciary relationship, there is always the issue of disagreement and that is why a joint venture agreement usually contain arbitration clause in the event of divergence to allow parties ventilate their grievances. 

Conclusion:

For there to be a successful joint venture agreement, parties must demonstrate intention to enter into a legal relation in respect of the project they wish to embark upon. See Omega Bank (Nig) Plc v. O.B.C Ltd (2005) 8 NWLR (Pt. 928) 547.

Because a reasonable person cannot consent for another to take the trouble, time and expense to search for a project both of them intend to operate a business venture unless their mind is tuned to implementing the project. It is done when there is prior understanding between the parties to use it for the purpose they had agreed. See the case of Olowu v. Building Stock Ltd. & Ors. (2018) 1 NWLR (Pt.1601) 343 at 436.

It has to be stressed that most successful businesses are not merely based on a more efficient way of supplying existing goods but arise out of exploration or discovery of viable outlets to market the goods or deliver services which a joint venture provides.