[Community-Discuss] Requests and questions
Sunday Folayan
sfolayan at gmail.com
Thu Oct 5 16:41:48 UTC 2017
Dear Mr Alston,
I have been on the road between Abuja and Lagos, rallying support from
the Nigerian Government for the hosting of the upcoming AFRINIC Meeting
in November, without access to the Internet.
On a question: We previously understood that you wanted an investigation
into whether or not the lack of a bi-directional inter-RIR transfer
policy had any implications considering the Companies Act. We replied
that we could see no issues with the absence of a policy, and we could
not answer for the implications of any hypothetical policy. So I don't
think it's appropriate to say we refused to act since you've just now
clarified that you meant the Competition Act, not the Companies Act. We
hope you will help the Board maximize the use of her time in future.
Havingsaid that, the Board will commission an investigation into the
implications of the lack of a bi-directional inter-RIR transfer policy,
with respect to the Competition Act. We expect the work to start by 20
October 2017 (2 weeks from now). We do not know how long the
investigation will take.
Kind Regards ..
Sunday.
On 05/10/2017 15:43, Andrew Alston wrote:
>
> Dear Board,
>
> Any indication as to when we will hear from you again regarding this?
>
> Andrew
>
> *From:*Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
> *Sent:* 03 October 2017 10:27
> *To:* Sunday Folayan <sfolayan at gmail.com>
> *Cc:* General Discussions of AFRINIC <community-discuss at afrinic.net>;
> AFRINIC Board of Directors' List <board at afrinic.net>
> *Subject:* Re: [Community-Discuss] Requests and questions
>
> Dear Board, Sunday,
>
> I had some hope this board was slightly more… committed than this?
>
> I kind of fear what is going to happen to the audit report next year,
> and the other reports we’re supposed to get from this board. Twice
> committed – publicly – twice failed to deliver on the commitments.
>
> I now call this board in direct violation of section 3.4.ii – since
> committing to communication by not delivering it is certainly not
> inductive to open and transparent communication. I also now call this
> board in direct violation of section 3.4.vii – which states that this
> board must disseminate among its members information on all matters
> affecting the Company and its members, and to provide a central
> channel of communication for the members.
>
> Now – you can find many semantic reasons for not fulfilling your
> commitments to this community – and I am sure they will come – excuses
> and all the rest of it – and I’m pretty sure I could find relevant
> sections of the companies act – particularly about directors acting in
> good faith – but then at some point – the whole “that applies to
> shareholders, hence registered members” argument would most likely
> appear – been down that road before as well.
>
> Here is a suggestion to this board – if you don’t have the time and
> effort to fulfil the commitments YOU made in the time frames YOU made
> them – maybe it’s time to cancel ALL board travel – so instead of
> wasting this communities money on flying around the world for a week
> or two per board member – you have the time to fulfil your
> responsibilities as a board?
>
> It is a disgrace that a board elected by this community – a board that
> lobbied on platforms of transparency, of openness, of promoting the
> bottom up approach, would sit and promise answers to this community
> and then miss the deadlines they themselves set, not once, but twice.
>
> If you don’t have time to do the job – why did you put your name
> forward – get elected – and take the job.
>
> Saddened and disillusioned (even more so than before)
>
> Andrew
>
> *From:*Sunday Folayan [mailto:sfolayan at gmail.com]
> *Sent:* 24 September 2017 22:08
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com
> <mailto:Andrew.Alston at liquidtelecom.com>>
> *Cc:* General Discussions of AFRINIC <community-discuss at afrinic.net
> <mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors'
> List <board at afrinic.net <mailto:board at afrinic.net>>
> *Subject:* Re: [Community-Discuss] Requests and questions
>
> Dear Mr Alston,
>
> 2nd October 2017.
>
> Thanks and Regards ...
>
> Sunday.
>
> On 22/09/2017 22:58, Andrew Alston wrote:
>
> Sunday – let us be clear here – is that two weeks since the
> original expiry date 10 days ago?
>
> Is that 10 days from today? Is that 14 days from today? Sorry –
> but after you’ve missed your own deadline by 10 days and taken 10
> days to request the extension – it now becomes incumbent on you to
> give specifics as to exactly when we can expect the answers you
> committed to, so let’s avoid any ambiguity here – can we have a
> date please
>
> Andrew
>
> *From:*Sunday Folayan [mailto:sfolayan at gmail.com]
> *Sent:* 23 September 2017 00:52
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
> <mailto:Andrew.Alston at liquidtelecom.com>
> *Cc:* General Discussions of AFRINIC
> <community-discuss at afrinic.net>
> <mailto:community-discuss at afrinic.net>; AFRINIC Board of
> Directors' List <board at afrinic.net> <mailto:board at afrinic.net>
> *Subject:* Re: [Community-Discuss] Requests and questions
>
> Dear Mr Alston,
>
> Kindly accept my apology for a delayed response to your questions.
>
> The response is pending the final consideration of the Board.
>
> I will appreciate an extension of two weeks.
>
> With kind regards ...
>
> Sunday Folayan.
>
> On 21/09/2017 23:32, Andrew Alston wrote:
>
> Dear Sunday and Board of Directors,
>
> It concerns me greatly that the elected board of a community
> based organisation would make clear and firm commitments to
> reverting back to this community on some pretty serious
> questions – then miss the deadline they themselves set with no
> explanation to the community who is waiting for answers. And
> then, when questioned as to when the commitments made by the
> board would be met – stay entirely silent and say nothing.
>
> I understand that the board is busy, but a commitment is a
> commitment, and it is not this community that set the time
> frames here – it was the board who promised such.
>
> Again I ask – when will the board meet its commitments to this
> community that are clearly stated below?
>
> Andrew
>
> *From:*Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
> *Sent:* 18 September 2017 09:54
> *To:* Sunday Folayan <sfolayan at gmail.com>
> <mailto:sfolayan at gmail.com>
> *Cc:* General Discussions of AFRINIC
> <community-discuss at afrinic.net>
> <mailto:community-discuss at afrinic.net>; AFRINIC Board of
> Directors' List <board at afrinic.net> <mailto:board at afrinic.net>
> *Subject:* Re: [Community-Discuss] Requests and questions
>
> Dear Sunday, Board of Directors.
>
> As per the below, we were told we would have a response within
> 60 days – this is now 3 days overdue.
>
> Can we please get an indication on when this commitment that
> was made will be met?
>
> Thanks
>
> Andrew
>
> *From:*Sunday Folayan [mailto:sfolayan at gmail.com]
> *Sent:* 15 July 2017 09:03
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com
> <mailto:Andrew.Alston at liquidtelecom.com>>
> *Cc:* General Discussions of AFRINIC
> <community-discuss at afrinic.net
> <mailto:community-discuss at afrinic.net>>; AFRINIC Board of
> Directors' List <board at afrinic.net <mailto:board at afrinic.net>>
> *Subject:* Re: [Community-Discuss] Requests and questions
>
> Dear Mr Alston,
>
> Thank you very much for your email and questions.
>
> The Board will get back to you within the next 60 days.
>
> Regards ...
>
> Sunday.
>
> On 14/07/2017 07:57, Andrew Alston wrote:
>
> Dear AfriNIC Board,
>
> I have been advised that when I had questions or request,
> that I put them in simple, direct requests. The following
> are a list of requests
>
> 1. Can the board please commission an investigation into
> whether the lack of a bi-directional transfer policy
> puts AFRINIC at risk of running afoul of the Mauritius
> Companies Act of 2007, and in what areas, and exactly
> what the potential liability is.
> 2. Can the board please advise the time frames required
> to commence such an investigation, and once said
> investigation has been commissioned, advise on the
> time frames to complete said investigation, and once
> concluded advise the community of the full results of
> said investigation
> 3. Can the board please investigate if the proceedings of
> board sub-committees, under Mauritian governance, form
> part of board proceedings, and if they do, advise the
> community when the meetings of said proceedings shall
> be published as per the agreement to publish the
> minutes of board meetings.
> 4. Can the board please commission an investigation into
> the limits that the RSA can be modified without member
> consent in the context of Mauritian law and advise the
> community of the results (Under Mauritian law, can a
> contract be changed without the consent of both
> parties, to the detriment of one, irrespective of what
> is already signed)
> 5. In addition to my request this morning on the members
> list requesting the board to check if any procedures
> and policies required by any MOU to which AFRINIC is a
> signatory are missing, can the board please
> investigate if there are any policies, procedures or
> committees that are required by a.) the CPM b.) The
> bylaws c.) the companies act d.) any other source
> which binds the company and advise the community of
> a.) the time frames to complete said investigation and
> b.) once known, the full list of outstanding
> policies/procedures/committees and c.) the time frames
> to rectify these areas.
>
> I look forward to hearing the results of the above.
>
> Many Thanks
>
> Andrew Alston
>
>
>
>
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>
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>
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> --
>
> --------------------------------------------------
>
> Sunday Adekunle Folayan
>
> Managing Director
>
> General data Engineering Services (SKANNET)
>
> 16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
>
> Phone: +234 802 291 2202, +234 816 866 7523
>
> Email:sfolayan at skannet.com.ng <mailto:sfolayan at skannet.com.ng>,sfolayan at gmail.com <mailto:sfolayan at gmail.com>
>
> ---------------------------------------------------
>
>
>
> --
>
> --------------------------------------------------
>
> Sunday Adekunle Folayan
>
> Managing Director
>
> General data Engineering Services (SKANNET)
>
> 16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
>
> Phone: +234 802 291 2202, +234 816 866 7523
>
> Email:sfolayan at skannet.com.ng <mailto:sfolayan at skannet.com.ng>,sfolayan at gmail.com <mailto:sfolayan at gmail.com>
>
> ---------------------------------------------------
>
>
>
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>
> Community-Discuss mailing list
>
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>
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>
> --
> --------------------------------------------------
> Sunday Adekunle Folayan
> Managing Director
> General data Engineering Services (SKANNET)
> 16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
> Phone: +234 802 291 2202, +234 816 866 7523
> Email:sfolayan at skannet.com.ng <mailto:sfolayan at skannet.com.ng>,sfolayan at gmail.com <mailto:sfolayan at gmail.com>
> ---------------------------------------------------
--
--------------------------------------------------
Sunday Adekunle Folayan
Managing Director
General data Engineering Services (SKANNET)
16 Oshin Road, Kongi Bodija, Ibadan - Nigeria
Phone: +234 802 291 2202, +234 816 866 7523
Email: sfolayan at skannet.com.ng, sfolayan at gmail.com
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