Salary Palaver: Nigerians, what happened?| By: Ikedi Ohakim

“Look! The wages you failed to pay the workers who mowed your fields are crying out against you.The cries of the harvesters have reached the ears of the Lord Almighty” (James 5:4)
The hallmark transition of Nigeria from one democratically elected administration to another is a thing worth celebrating but this celebration of “CHANGE” has been tainted by the salary palaver.
For, regardless of the rising democratic profile of our great country which has earned her no mean admiration from the rest of the world, her economic prospect at the moment are probably at its lowest ebb in the history of her existence.
A review of past transitions would also reveal that at almost every point of handover, there are usually tales of woes on the economic state of the nation: from the local governments (where they are allowed to exist) to the federal government. There are usually tales of woes about arrears of salaries of civil servants running into several months. It happened in 1983, 2003, 2007, 2011 and now 2015.
Last count, arrears of unpaid wage bills across the thirty-six states of the federation plus the federal government itself was reportedly put at over N150 billion while the construction industry alone is being owed over N600 billion for jobs already completed. A tale of getting and spending gone wrong?
If we must refresh our memory, the global economic meltdown between 2008 and 2010 had an adverse effect on our economy. The demand of our crude oil, our main source of foreign exchange till date fell. The price of crude in the international market also fell as low as US$38 per barrel. To make matters worse, Nigeria was not even meeting its OPEC production quota of 1.4 million barrels per day due to violent militancy in the Niger Delta. Nigeria’s production fell to as low as 700,000 barrels a day.
This meant that states were receiving less money from the Federal allocation. South-East state governments, for example, were receiving on the average about N28b per annum from the Federation allocation.
Between 2011 to 2014, Nigeria entered into another cycle of oil boom like we had between 1970 – 77. The price of crude within this period (2011 – 2014) averaged US$105 per barrel. Within this period also, South-East state governments were receiving on the average about N92 billion per annum. On sighting the oil boom, many of our political leaders at the state level started doubling the size of their government houses, town halls and conference centers.
Some commenced the building of general hospitals in every electoral ward. Cost-centered projects along highways sprang up like mushroom. The organized labour took it from there and commenced the usual struggle leading to massive increase in salary of workers across the country.
What happened? The answer is simple; we mismanaged the boom that was witnessed between 2011 and 2014. We forgot Keynes’s central dictum which admonishes us that: “The boom, not the slump, is the time for austerity”. We failed to save during that period. Instead, we went on spending spree on mostly populist projects without economic value in order to earn “groundless applause” from the people. To put it in a more familiar parlance, nobody thought of the rainy day.
This “scrambling merchandizing” was followed up with expensive TV shows inciting the masses that all is well; too often believing that showmanship will deliver better results, which is obviously not the case. For example, most of the states that cannot pay salaries today were only a few months ago showcasing their numerous “achievements” on national TV. Now the bubble has burst.
This reminds us of Bernie Madoff. According to Christiane Amanpour of CNN, Madoff was highly revered for what people thought was his wizardry as an investor so long as new money continued to drop to feed his Ponzi Scheme. The bubble burst when new money was not coming. Madoff suddenly became a failure and he knew it even before he went to prison. The public image he create was a lie which eventually clashed with reality.
A few months of the drop in oil price has almost completely grounded the national economy.In addition to non-payment of salaries, contractors are not being paid, leading to the on-going layoff of more than 60% of construction industry workers.
A polity that has more than 50% of its youths unemployed but with their parents now without salary is not only a time bomb, it is also a harmattan fire. When it starts, it spares no one. It destroys everything it casts its glance on. Although not new, the issue of unpaid wages has heightened anxieties among Nigerians for two major reasons. One, the parlous state of the economy has also taken a big toll on the private sector, thus reducing cash flow from that sector.
On the salary matter, a heated and vociferous argument had arisen between top functionaries of the immediate past (until May 29, 2015) administrations at the state and federal levels over what or who was (is) responsible for this unfortunate state of affairs. While the functionaries at the states attributed their inability to pay salaries to the drop in the federal allocations to them, the then federal administration accused state governments of not prioritizing salary payments.
In my view, it was a needless debate because both tiers of government are guilty. Apart from the fact that the federal government also owes salaries of workers and debts to contractors; it is not just the issue of “prioritizing” salaries. The issue that is the bane of our public administration is that there is little or no prioritizing; whether with respect to salaries or projects. The whole essence of prioritizing in public expenditure is it not to ensure that the benefits in real terms justify the cost and vice versa and even becomes more compelling in the midst of scarce resources?
It is a fact that cannot be over-labored that most state treasury is lean due to reasons we need not go into here. Some stakeholders have chosen to characterize the situation with the phrase “empty treasury”. But my view is that we should downplay that ascription because both in content and form, the phrase “empty treasury” does not portray a true understanding of fiscal practice in a democracy.
Even where an outgoing administration leaves behind some money, it does not amount to free money to be spent because ideally, such funds are already committed to ongoing projects. And the moment the new administration puts such funds into something else, there is a big problem.
Let me illustrate this with a personal experience. My administration as governor of Imo state, for example, left the sum of over N26.6 billion by the time we handed over in May 29, 2011. Of this amount, N13.3 billion was the balance from Imo Development bond which was earmarked for projects that were ongoing by the time we left office. 
Unfortunately, the new administration saw the N26.6 billion as money that was there for spending and went on a binge: it embarked mostly on cost-centered projects such as first lady’s office complex, new multi-purpose hall, new exco chambers, new international conference center, over 80 road projects, 27 brand new general hospitals and the building of squares and roundabouts, etc while abandoning the uncompleted projects left by us. 
The result today is that in most cases neither the new projects nor the old ones for which those funds were initially earmarked have been completed.
This can be corroborated by the new administration’s press release in the Daily Sun of Wednesday, January 23, 2013 in which the State’s Commissioner of Finance was quoted as saying that “the previous administration of Ikedi Ohakim had secured a bond of N18 billion for capital projects such as roads, water and Oguta Wonder Lake, but when we came to power, we decided to prioritize our projects. Out of the N18 billion that was secured, about N6 billion had been spent and we met only N12.5 billion and we convened a meeting of all stakeholders and got their approval to approach SEC to change the use of the fund”.
The report further stated that the Commissioner disclosed that “the balance of the bond proceeds were channeled into critical areas of infrastructure development such as the building of 305 classroom blocks, building of ultra-modern general hospitals in the 27 local government areas of the state and construction of vital roads across the local government areas, informing that works were currently going simultaneously in the various communities”.
It is this penchant for mismatching funds that has led to non-payment of salaries and abandonment of projects which has become the rule rather than the exception. In my view, it is high time we took deliberate steps to tackle the issue of abandonment of projects started by previous administrations by new ones. It is evil and it is a major root cause of our economic calamity. It leads to nothing but wasting of resources.
Abandoning projects started by a preceding administration is a product of the “what did you achieve mentality”. This mentality makes it almost impossible for a new administration to think rationally. Instead of completing projects that will have huge multiplier effects, new administrations merely go for quick wins by duplicating mini road, electricity, water projects, brick and mortar structures etc which it can quickly complete in order to earn immediate applause from the people who are not in position to understand the tragedy of such idiosyncrasies.
Take a look at those states that have succeeded in show-casing visionary projects in the past sixteen years. You will discover that the administrations that posted monumental achievements did so by going for “shovel ready” projects started by their predecessors. You will also discover that they equally commenced visionary projects like seaport, rail, industrial parks, etc which will form “shovel ready” projects for their successors. Displaying uncommon leadership psychology recently, Governor Nyesom Wike of Rivers State was few days ago, reported by a newspaper thus “My administration will complete people-oriented projects notwithstanding who awarded them”.
According to Talmud: “It is not up to you to finish the work. But you are not free to desist from it”. When you complete projects not started by you, you make more economic impact than abandoning it and starting yours which your successor may also abandon.
As things stand today, non-payment of salaries is fast assuming the status of official policy. It is something that we must stand up against in Nigeria. It leads to economic and social calamity. I call on the legislature to come up with a bill stipulating that salaries not paid as at when due should attract interest on prevailing bank rate until paid. Salaries should be a first line charge for both the federal, state and local governments.
Quite often, you would hear some state governors pride themselves for not borrowing money from banks, even while they owe their civil servants several months of arrears of salaries in addition to non-payment to contractors for jobs duly done. By not paying workers and contractors, the government is indirectly borrowing from them without paying interest.
Notwithstanding, I do not agree with the view that only the state governments are responsible for the stunted growth of our national economy. Let me also state that it is not also true that state governors merely cart away the funds into their private pockets. Such a blanket view is dangerous because it makes it difficult, if not impossible, for us to look at the issue through the proper political prism. At the risk of being misunderstood, I can also state without any fear of contradiction, that the last federal administration is not entirely to blame for the present financial crisis which is chiefly as a result of the fall in oil prices and over which it had no control; coupled with our national penchant for Revenue/Project mismatch; edifice mentality, brick and mortar legacy syndrome, very high cost of running government, undertaking more projects than the economy can handle, project abandonment, etc.
Try as much as we can there is something we cannot run away from: The arrears of salaries owed civil servants across the states must not only be paid but also measures put in place to make non-payment of salaries a thing of the past. It is evil and it needs no emphasis to state that non-payment of salaries poses the biggest threat to our democracy.
So, what do we do? On the short run, the federal government, as a matter of urgency, must initiate both economic and political line of action aimed at finding a lasting solution. The federal government must package an urgent stimulus with very clear conditionalitiesfor both state and local governments. The second short term step is to introduce an immediate special corporate one-off tax for organizations whose annual profit, for example, is in excess of N10 billion.
Thirdly, the petroleum subsidy should be gradually removed and proceeds used for the maintenance of very vital transport infrastructure. Next, we must review the phenomenon of Constituency Project system at both the state and federal levels. Constituency Projects have constituted themselves into a big drain pipe for the country’s economy because they are poorly articulated and haphazardly executed. Perhaps unknown to many, over 70 per cent of Constituency Projects since 1999 have failed or have been abandoned. 
The principal reason for this is that the beneficiary communities are usually not involved both in identification, planning, execution and maintenance. Most communities wake up to see Constituency projects being executed by strangers. But shortly after,they are either abandoned or get vandalized with nobody taking ownership. Soon, another election is held and the next representative comes up with his or her own projects and the vicious cycle continues.
There are suggestions to the effect that government should embark on austerity measures and even sack workers. This is dangerous. On the contrary, what we need is more spending that would arise from a well-articulated economic stimulus package for the states and local governments.
According to Keynes’s central dictum: “The boom, not the slump, is the time for austerity”. Conversely, now is the time for the government to spend more, not less, until such a time that the private sector will be in the position to stimulate the economy.

Short Story: Flawed | By: Morountodun

They say not everyone will like you no matter how good you are, but I’ve never met anyone who didn’t love me at first sight. It’s mostly about my looks at first, which hardly a day goes by that I don’t get complimented for (I’m 5″9, slim and a ‘yummy shade of ebony’ as my friend Clara puts it), but anyone who’s ever heard me sing adores me even more.
The whole of City of Hope Church practically stand at attention every time I step up to the mic, and even I feel a slight tremble listening to taped recordings of my performances.
“Christy, that was a powerful ministration, it really touched me.” “I wasn’t going to testify, but after that song sister Christy sang, I realized…”
I don’t know how I do it, I do know that it’s all God. Every single person in the choir is talented, but having the highest number of testifiers anytime I lead praise and worship takes a special grace that I’m forever grateful for.
Young and old, male and female, they walk up to me to tell me how much God has blessed them through the songs that I sing. And that keeps me going. Knowing that I’m touching lives, giving hope, healing people of their hurt and pains, relieves me of mine and makes me put my heart and soul into it. When I get on stage, I simply let the words flow from the very core of me. I could’ve just had an argument with mum or another bout of constant bickering with my siblings, but nothing else matters anymore at that moment except for whatever words God’s put in my mouth, which I deliver to the best of my ability.
Funny how some people see me and imagine that I’ve got this great voice and nothing to worry about. All they see is this beautiful Christian who has everything going for her. I hear other girls talk about how they wish they could be me and I cringe, wishing they hadn’t said it. It kills me inside. Truth is, nobody really knows what it’s like to be me. They don’t know how I secretly hate any girl my brother has ever dated for no reason in particular, or my sickle cell younger sister for having all of our parents’ attention most of the time.
Many times I’ve pretended to miss seeing dad ogle the widow next door and shrugged it off like I didn’t know there was something going on between them that mum doesn’t know about. What about the time uncle Junior (We call him that but I really don’t know how we are actually related) slid his fat, sweaty palm up my blouse and I never mentioned it to anyone? Oh, and there’s Kay. He plays the keyboard in church. What no one knows is that we engage in various forms of play together. Alone.
The State Musical Contest is up in a few weeks and I’m in with unflinching support from everyone around me. It’s taken years of training and now I’m finally eighteen and of age to enter. All I have to do is make it to the top at the zonal eliminations–which I’m confident that I will–and I’m on my way to making it big time.
Professional brush-up and a record deal with mega bucks to go with it…this girl is going to be a superstar! Many more girls will look up to me and want to be me. Only Lord knows I’m not all that. ‎
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Morountodun is a writer and a microbiology ‎ graduate of University of Ilorin.
Twitter: @Morountosweet
http://morountosweet.wordpress.com
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Are you a writer? Interested in sharing ‎your short stories on this
platform? Be‎ our guest on our Short Story Fridays segment. Email: ololade.olatunji@yahoo/ gmail.com‎

Wike squanders N60 billion in 30 days – Rivers APC alleges

The Rivers State All Progressives Congress (APC) has accused Chief
Nyesom Wike squandering over N60 Billion in his first 30 days as the Rivers State Care-Taker Governor.
Rivers APC Chairman, Dr. Davies Ibiamu Ikanya, made the disclosure in a statement he issued on Thursday in Port Harcourt.

“In what is clearly a tale of the absurd, Wike’s rubber stamp State ‎House of Assembly has approved a whopping sum of N30B within 30 days for expenditure without any project attached. Apart from this N30B, the administration of Rt. Hon. Chbuike Amaechi left the sum of N7.5B, plus the N23B released to the State from the Federation Account and Internally Generated Revenue (IGR), making the total funds available for Wike to squander over N60B within 30 days,” Ikanya said.‎

He lamented that. “within the 30 days, which rank among the worst in the history of Rivers State, Wike has neither initiated nor embarked upon any project apart from ordering a trailer load of his favourite Lexus XIII drink, a bottle of which costs N1.5m, and sharing the remaining billions of naira with Madam Patience Jonathan, INEC officials and others that supervised the killing of Rivers State people so that Wike would become Governor. While Governors of States like Kaduna, Bauchi, Sokoto Abia, Lagos, Delta and Adamawa that were sworn-in the same date with Wike are initiating and executing projects aimed to improve the standard of living of their people, the Rivers State Care-Taker Governor is busy supervising the liquidation of the economy of Rivers State through acts of squandermania unknown to modern governance in the entire world. Wike has succeeded within 30days turn Rivers State to one of the dirtiest States in Nigeria

without security and in ensuring that our people now sleep with one‎ eye opened!”

Continuing, Rivers APC said: “We are reliably informed that Wike is

now at the edge of his seat and is desperate to source for funds by

any means to pay off the money which former First Lady Dame Patience Jonathan used in installing him as the Governor of Rivers State within two months instead of the four years spacing as earlier agreed between them. Dame Patience is said to have said that she can no longer wait for four years to recoup her investment as she is not sure if Wike will last as Governor till September, 2015.”

Rivers APC advised banks to stop advancing loans to the Wike
administration as such loans would be difficult to recover if such
funds are released without any project attached to them. “The period of sharing Rivers State money among some unscrupulous politicians ceased since 2007 and cannot be reintroduced through the back door,” the party said.

Ogenyi Onazi appeals $5000 fine

Super Eagles’ midfielder, Ogenyi Onazi, has appealed against the $5,000 USD fine imposed on him by the Nigeria Football Federation (NFF) for his misconduct during the Super Eagles AFCON qualifier against Chad‎ weeks back. 
The Nigeria international made the appeal in a letter ‎addressed to the NFF General Secretary on 30th June, 2015. 

“Sequel to your letter REF: NFF/OGS/Admin/Vol.V/009, I hereby tender an unreserved apology with respect to my conduct which led to my dismissal in the game against Chad in Kaduna.

“I accept the fact that my act was tantamount to an unacceptable one on the field of play. However, I want to inform you that my action on the pitch was not premeditated and was only a reaction to a violent attack on me by the Chadian player, who hit me from behind while I was standing outside the penalty box.
“In addition, I had tendered an unreserved apology immediately after the match via my official social media accounts, as well as in the traditional media, to my teammates and to Nigerians who felt let down by an act they considered surprising because of my reputation in that regard.
“Also, I had volunteered to attend the two matches that I have since been punished for by CAF both at home and away, to support my teammates. I believe this is an amenable punishment and therefore appeal for the further fine of $5,000 that was imposed on me by the NFF.”‎ He wrote

"Cech's move is rare in football."- Mourinho

Chelsea boss, Jose Mourinho has described the club’s decision to sell it’s keeper to another rival club as a rare move in football. 
Speaking for the first time since The Blues legend made a £10m switch to the Emirates, the Portuguese extolled the virtues of the Czech Republic international adding that he was in support of the owner’s decision to honour the player in this way. Petr has been a great servant for Chelsea for 11 years and helped this club to win almost everything there is to win. I always said I wanted him to stay but I understand Petr needed to move on to play first team football every week. 

Sometimes you have to respect the wishes of someone who has earned so much respect with his service and actions for your club.


‘It is very rare in football to make a decision like this and for that reason I am proud of my club for making it.‎ There are not many clubs in the world big enough to be able to make that decision. Petr’s success at this club will always to be remembered and we thank him for everything he did.’Mourinho said on chelseafc.com.

Photos: Femi Fani-Kayode celebrates court victory, changes name.

Ex Minister Of Aviation, Femi Fani-Kayode who was discharged and acquitted of money laundering charges by a Federal High Court today held a feast to celebrate the victory. Interestingly, he has also changed his name. The PDP stalwart now wishes to be addressed as Chief Oluwafemi Olukayode.  Read his press statement below.

“Ladies and gentlemen, I am delighted, humbled and relieved by this verdict. In the last seven years, I have been subjected to the most malicious, vicious, sinister, well-orchestrated, insidious and devastating form of political persecution and wickedness.

The whole process almost destroyed my life, my family, my reputation, my health and my career. I thank God for his goodness, his mercy and for the fact that today, the whole nightmare has finally come to an end.

Initially, I was accused of stealing N19.5bn of public funds when I was Minister of Aviation. It was thrown out by the courts. Then I was accused of stealing N6.5bn. It was thrown out by the courts. Then I was accused of laundering N200m. It was thrown out by the courts. Then I was accused of laundering N99m. It was thrown out by the courts. Finally, I was accused of laundering N1m and N1.1m respectively, and today, both of these charges have also been thrown out by the courts. I give thanks to God for today’s verdict.

It is the doing of the lord and it is marvelous in our sight. Once again, he has proved that he is faithful and true and that he always honors his word. I wish to thank my family members, leaders of the Body of Christ, intercessors, pastors, political associates and friends who never doubted my innocence and who stood by me through thick and thin.

I wish to thank my lawyers who worked so hard and so diligently over the last seven years throughout this case. I wish to thank the Nigerian judiciary for dispensing justice in an honest and God-fearing way and for refusing to be intimidated by anyone or guided by anything other than the evidence presented before them in this case.

They dispensed justice with candor and fairness, and throughout the proceedings, they were fair to all, honest, courageous, professional and true. I thank them for refusing to send an innocent man to jail and for refusing to allow themselves to be used as tools for personal and vindictive vendettas or political persecution. This gruesome ordeal started seven years ago and throughout that period, it was grueling and difficult.

They took seven years from me but they couldn’t break me or end my life. It was a very difficult period for both me and my family which came with enormous and unimaginable challenges, yet from day one I never doubted that I would be vindicated because God had assured me of it and I know the God that I serve. He never lies and He never fails. He said, through his Holy Spirit, that my innocence would speak for me and that he would fight this battle for me and he did. He said that he is the author and the finisher of my faith, my shield, my glory and the lifter of my head and he was. 


He has proved all that throughout my life and he has proved it once again with the verdict in this case. To him alone be all the glory.
When the ordeal began seven years ago the Lord ministered that it would last for seven years but that in the end, I would be declared innocent, I would be vindicated and I would be delivered. 

Again he honored his word because the whole nightmare started on 1st of July 2008 when I was arrested in the premises of the Nigerian Senate after the public hearing on the N19.5 billion Naira Aviation Intervention Fund. I was cleared of any wrong doing in the administration of that fund by the Senate Commitee on Aviation yet despite that, immediately after the sitting before the Comimitee, I was abducted and arrested in an unceremonious and shameul fashion and locked up by the Farida Waziri-led EFCC for 10 days and charged to a magistrate court in Abuja.
Today, the 1st of July 2015, seven years to the day from that day when I was first arrested and first put into detention, I have been discharged and acquitted of all remaining charges by the courts. The Lord has, once again, honored his word, to him alone be the glory.

As a mark of honor and respect for the Lord and as an everlasting testimony of my love for and dedication to him, I wish to make it known to the Nigerian public that as from today my name will be changed. It will no longer be David Oluwafemi Fani-Kayode but instead, it shall be David Oluwafemi Olukayode. Olukayode means “the Lord has brought me joy” and today he has done precisely that.

As from this day, in honor of him and as a small tribute to my love for and total dependance on Him, that shall remain my family name. Once again, I give thanks to God for all that has happened to me and for this great deliverance. To him be all the glory. I swore that I would not leave the shores of Nigeria until this matter was finally brought to an end and the courts had pronounced my innocence. That was seven years ago. I kept faith with that oath and it gives me pleasure to tell you that now that the whole ordeal is over I shall be leaving the shores of my beloved country for the first time in seven years for a short holiday and a long overdue medical examination.

They not only threw the whole book at me but also the entire kitchen sink but the Lord was with me. I stood on His words in Isaiah 50 v.7-9 and I never faltered or doubted Him even in the most difficult times. Now they know that I serve a mighty God who never forsakes His own.

I thank the media for their constant support and attention and I thank the millions of Nigerian people that chose to believe in me and to keep faith with me throughout this ordeal. Once again, I give thanks to the Lord. God bless you all.

Signed: Chief Femi Fani-Kayode (Chief Oluwafemi Olukayode) 1st July, 2015

 

Election Tribunal: Court dismisses Jimi Agbaje's petition against Ambode


An election tribunal sitting held today in Lagos has dismissed the petition filed by Peoples Democratic Party (PDP) candidate, Jimi Agbaje, against Akinwunmi Ambode of the All Progressives Congress, APC challenging his victory at The Lagos state gubernatorial poll which was held on April 11. Justice Muhammad Sirajo in his judgement described the petition as incompetent.

Money laundering charges: Court discharges and acquits Femi Fani-Kayode

A Federal High Court today dismissed the money laundering charges levelled against ex Aviation Minister, Femi Fani-Kayode.  Recall that his trial started as far back as 2008. He was arraigned by the E​conomic and Financial Crimes Commission, E​FCC​,​ for alleged laundering of about N100 million while he was minister of culture and tourism and aviation.
Delivering her judgment, the Judge, Rita Ofili-Ajumogobia ruled that the prosecution’s case was “feeble” and failed to provide “copious evidence” linking the accused to money laundering.‎
T​he prosecuting counsel, Mr. Festus Keyamo, while urging the court to accordingly convict Fani-Kayode mentioned that the object of the charge was that Mr. Fani-Kayode transacted in cash sums above N500,000, which was the threshold stipulated by the Money Laundering (Prohibition) Act.‎

“Once you cannot explain the source of the large sum of money found on you, you are guilty of money laundering. If the prosecution must show where the money is coming from, then the whole essence of the money laundering law is defeated.

“It is not in all cases that the burden of proof lies on the prosecution; the burden at this point shifts to the accused person,” Keyamo affirmed.‎

Femi Fani-Kayode’s lawyer, Ifedayo Adedipe (SAN), in his summary maintained that there were no convincing proofs from the prosecutors. He said his client made no confession to the EFCC and the agency failed to show that Fani-Kayode actually accepted a cash sum of N1million as alleged and the person he collected it from.

Lol! Ex Arsenal winger, Gervinho asked for a private beach and a helicopter to move to new club, Al Jazira

Even the most expensive football transfers didn’t record such outrageous demand. To move from his present club, Roma to a club in the Middle East, Al Jazira, ex Arsenal star, Gervinho  demanded for a helicopter to be at his disposal at all times, accommodation for his family, a private beach and a number of plane tickets to travel back to the Ivory Coast, Italian newspaper, Gazzetta dello Sport reports.
The paper reports that Roma and Abu Dhabi club  had agreed a deal of over a €13million (£9.25m) for the transfer of the 28 year-old but they backed out after he spelled out his terms.
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