The Presidency on Saturday assured that the Presidential Investigative Panel headed by Vice President Yemi Osinbajo will carry out its assignment without fear or favour.
The three-man panel, with members including the Attorney-General and Justice Minister, Abubakar Malami and National Security Adviser, Babagana Munguno, was constituted on Wednesday to probe allegations of legal and due process violations made against the suspended Secretary to the Government of the Federation (SGF), Babachir David Lawal.
It is also to investigate the discovery of large amounts of foreign and local currencies by the Economic and Financial Crimes Commission (EFCC), in a residential apartment in Ikoyi, Lagos, which was linked to the Director-General of the National Intelligence Agency (NIA), Ayo Oke, who has been suspended.
A statement by the Senior Special Assistant on media and publicity, Laolu Akande, reads “The panel which is expected to submit its report to the President at the expiration of the 14-day deadline, will conduct it’s work with utmost diligence and without fear or favour.”
According to the statement, the committee has since commenced its work in earnest.
It said that all private and public officials linked to the cases will be probed by the committee.
“In the discharge of its work, the panel is expected to invite all relevant officials and private individuals who may be connected to both cases.
“It will also obtain and scrutinize documents that may throw some light on the issues raised in both cases.
“All its proceedings will however be in closed sessions to avoid speculations, allow for full disclosure and enhance the pace of proceedings, ” it stated.
Tag: Babachir Lawal
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Osinbajo to probe SGF, NIA DG without fear or favour, says Presidency
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How Buhari sealed SGF Lawal’s, NIA DG’s fate
President Muhammadu Buhari suspended Secretary to the Government of the Federation Babachir Lawal and National Intelligence Agency (NIA) Director-General Ayo Oke after two meetings with his kitchen cabinet, The Nation learnt last night.
There were indications last night that the Presidency may not recall the officials. Besides, the Economic and Financial Crimes Commission (EFCC) has invited the wife of the suspended DG for questioning.
But some members of the kitchen cabinet are opposed to the grilling of Mrs. Folashade Oke by EFCC since the President has raised a three-man committee to investigate the DG.
They said the presidential panel should complete its assignment before the EFCC moves in.
The suspension of the two officials was to enable the Federal Government investigate alleged infractions against them before a formal acceptance of their resignation.
Babachir will be probed over alleged N200million contract awarded to a company, Global Vision Limited, allegedly linked with him by the Presidential Initiative for the North East (PINE) for the clearing of “invasive plant species” (weeds) in Yobe State.
Oke is being investigated for alleged $43.4million operations cash, which was found by the Economic and Financial Crimes Commission (EFCC) at apartment 7B in Osborne Towers, Ikoyi,
Lagos.
The President wielded the big stick after two meetings with members of his kitchen cabinet on Tuesday night and at about 11am on Wednesday, a source told The Nation.
At the Tuesday night meeting were the President, Vice President Yemi Osinbajo (SAN), Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) and Chief of Staff Abba Kyari, who has just returned from a medical trip overseas.
The Director-General of the Department of State Security Service (DSS), Mr. Lawan Daura, who was to be part of the meeting, could not make it because he was in transit from Saudi Arabia where he had gone for lesser Hajj( Umrah).
But on Wednesday morning, the DG, DSS was part of the second session.
According to sources, the meeting went through the EFCC Interim Report on the $43.4million; a fresh security report on the PINE contract in which the SGF was implicated; the Senate Report on PINE and available options.
A source, who spoke in confidence, said: “The meeting was painstaking in looking at issues against the two officials, especially allegations bordering on compliance with due process and financial regulations and alleged abuse of office.
“The outstanding records of the DG of NIA made the meeting solemn but it was decided that there should be no scared cow. The implication of the wife of NIA DG on how the safe apartment was secured to keep the $43.4million was found to be ‘abnormal’.
“Non-disclosure of the cash to the President after almost two years in office was also said to be unexplainable.”
“As for SGF Babachir Lawal, fresh security reports available to the President decided his fate. Some decisions taken by PINE under his watch were faulted by the meeting.
“The President strongly felt the two officials crossed the line and he said the excuses were unacceptable.”
Responding to a question, the source added: “At the end of it all, the meetings were caught in-between investigation and immediate resignation of the SGF and NIA DG.
“Some of those at the sessions wanted the NIA DG to proceed on pre-retirement leave because of the sensitive nature of the operation of the agency.
“As a matter of fact, the DIG had personally submitted a letter for leave of absence to the President to allow unfettered investigation. Oke said he was more interested in the survival of the intelligence system than his personal survival.”
After weighing the options, the meetings strongly recommended investigation into the alleged infractions against the officers to ascertain what went wrong, unmask other accomplices and learn some lessons for the future.
The source went on: “The Presidency was of the opinion that there might be more to the $43.4million haul. It described the covert operations as suspicious with the immediate administration of ex-President Goodluck Jonathan rated as complicit.
“The suspension of the officers was designed to allow the conduct of the investigation into the activities of the two officers before a final decision is taken.”
Asked why the President acted decisively on the cases, the source said it was because of the reasons as follows:
- need not to compromise of the anti-corruption agenda;
- public opprobrium on the grass cutting allegation against the SGF and the $43.4million cash haul;
- perception that the government is weak in taking decisions against its officials; and
- the need to respect the decision of the Senate on the SGF to pave the way for the ongoing mediation between the Executive and the Legislature
The two officers were caught unawares by the news of their suspension.
Another source said: “As a matter of fact, there was no formal letter of suspension served on the SGF and the DG of NIA before the announcement was made.
“They were both in office when the news was broken to them by their friends and associates. So, they later heard it on radio and television.
“The Vice President, Prof. Yemi Osinbajo however had audience with the two officers where he explained why they had to go on suspension.”
The highly-placed source believes that the government may not recall the suspended officials. They might either be retired or asked to formally resign from office, he said, pleading not to be named because of the sensitivity of the matter.
He added: “If there is any strong reason to prosecute them, affected officials, the government will do so, depending on the recommendation of the three-man panel headed by the Vice President.
“Already, the Presidency is sourcing for their replacement. Some candidates have been pencilled down. As for NIA, the suspended DG will soon be 60 and his tenure will end in November. Technically, he is expected to proceed on pre-retirement leave from August.”
Amb. Arab Yadam (Plateau State) is said to have taken over as the Acting DG of NIA.
Yadam is said to be the senior Deputy DG among Oke’s two deputies.
Also, it was learnt that Dr. Habibat Lawal (Bauchi State), who is the most senior Permanent Secretary in the Office of the Secretary to the Government of the Federation, has stepped in as the Acting SGF.
Meanwhile, there was disquiet in the Presidency last night following the summoning of the wife of the DG of NIA by EFCC.
The anti-graft commission has invited her for interrogation over the $43.4million recovered from Apartment 7B in Osborne Towers. Her company was alleged to have acquired the apartment for the NIA.
But some government officials were said to be opposed to the invitation of Mrs. Oke since a presidential committee was already in place.
“Some government officials felt the presidential committee should complete its assignment before EFCC steps in.
“They said it will be improper and untidy for a presidential panel to be investigating and EFCC is doing the same thing. “This development is causing some disquiet in the Presidency,” another source said.
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How Babachir Lawal got into trouble
AT its sitting on October 4, 2016, the Senate debated a motion on the “mounting humanitarian crisis in the Northeast” after which an ad-hoc committee was constituted to investigate the matter. The committee was asked to conduct a public hearing to ascertain how much has been released to the Presidential Initiative on the North East (PINE).
It was also to ascertain how the funds had been utilised from inception as well as to investigate alleged diversion of grains and other food items from the Strategic Grain Reserves, National Emergency Management Agency (NEMA) and other sources for the IDPs.
The committee held a three-day public hearing between December 6 and 8, 2016. Some invited stakeholders, including Secretary to Government of the Federation (SGF) Babachir Lawal, failed to attend the investigative hearing. The committee released what it called interim report, indicting the SGF who said he was not given fair hearing. It recommended the SGF’s sack on account of awarding contracts to a firm, Rollervision Engineering Limited, in which he had interest.
A firm allegedly linked to Lawal was said to have been awarded over N230 million contract to clear “invasive plant specie” in Yobe State.
The committee found that as of the time the contract was awarded last March, Lawal was still Rheolavision’s director and that he only resigned in September.
According to the Senate, Lawal’s directorship of the firm while being a public official contravened the Code of Conduct for public officials as enshrined in the 1999 Constitution.
The lawmakers found that the company was incorporated in 1990 to carry out ICT services; but it received the contract to clear grass in 2016 even while the owner is a senior government official.
Hours after the Senate indicted him and called on authorities to punish him, Lawal accompanied President Buhari to the National Assembly to present the 2017 budget proposal.
After the presentation, Lawal told journalists that the Senate was only victimising him and trying to “rubbish” his personality.
“The Senate is talking balderdash; it has developed the habit of bring-him-down syndrome. I have the report of the Senate committee in which it was said that I didn’t resign from Rholavision Nigeria Limited. Let me tell you, Rheolavision was formed by me in December 1990, and it has been a company that was run very successfully.
“Now, when I was appointed SGF, I resigned from that company on 18th August 2015. I can see that in their report, they are talking about 2016. I don’t know where they got their facts.
“By the way, it is very instructive that when the committee was sitting, no effort was ever made to invite me to come and make submission.
“It is therefore, surprising that they devoted a whole session at maligning me, claiming what is not true without even giving me the chance to come and put my own case before them.”
When the Senate resumed in January, Senator Dino Melaye (Kogi West) brought up the matter, saying Lawal breached his privilege and that of his colleagues.
The Senate insisted on its committee’s findings and senators took turns to lambast Lawal.
“The President should review how somebody like Babachir Lawal managed to get into this government,” said Chukwuka Utazi (PDP-Enugu).
Sani said many companies awarded contracts by the Presidential Initiative on the North East (PINE) cannot be located.
Sani told reporters in Abuja that over 20 companies were involved in the phony contracts.
The Kaduna Central lawmaker, who described the development as “strange”, said that the inability of his committee to trace the addresses of the firm further reinforced their desire to interact with Lawal as the head of PINE.
Sani said: “Meanwhile, you should understand that we are not investigating the SGF alone. We are investigating contracts that were awarded under the Presidential Initiative on the North East (PINE) and over 20 companies were involved.
“But something very strange is the fact that some of these companies in these contracts we couldn’t actually trace their addresses.
“We went there but we couldn’t find them. So the option before us is that it is easier for the camel to pass through the eye of a needle than for us to find some of these names here.”
He added: “One of the persons we invited happens to be the SGF and his invitation followed the events that came after the interim report was tendered before the Senate and that was in his own claim that he was not given a fair hearing.
“He sent a second letter asking for another opportunity to appear before us and he sent a letter to the committee through the leadership of the Senate and that letter overrides any other rumors you may have heard before.
“Like all other persons, I read it on the pages of the newspapers that he went to court but we have never been served any letter on any legal action as far as we are concerned .“Before then, we also received a letter from the MD of Rolavision who said he was bereaved but the official letter is the one we received from the SGF which he signed himself and he graciously told us that he needs a new date based on the fact that the date that was set for today was not convenient to him. So that was the reason, I tendered the letter in plenary.
“We need to be meticulous because reputations and lives of people are concerned and it is on that background that on the final phase of the report, we have to do a thorough job.”
Lawal insisted that it was unfair to him for the committee to have submitted interim report without hearing from him.
President Muhammadu Buhari took sides with him in a January letter to the Senate in which he asked the chamber to take a second look at its recommendations on the issue.
The President faulted the recommendations of Senate and declined to remove the SFG as was recommended.
The Chairman of the Committee, Senator Shehu Sani (Kaduna Central) in a statement noted that “in order to give them (stakeholders) a fair hearing, the committee has resolved to conduct another public hearing.”
The presidential letter on Babachir reads: “Dear Distinguished Senate President, Re-resolution by the Senate of the Federal Republic of Nigeria concerning the humanitarian situation in the northeast region particularly in relation to the alleged role of the secretary to the government of the federation, Engr. David Babachir David Lawal in the contract implementation regime of the presidential initiative for the northeast (pine).
“You may recall your letter with reference NASS /8X/R/01/5 dated 15th December, 2016 in respect of the Senate consideration of the report of its ad-hoc committee on the mounting humanitarian crisis in the northeast that conveyed the resolution of the committee as contained in paragraph 1 subsection 8 therein which reads as follows. Engr. Babachir Lawal having contravenes the provisions of part one of the 5th schedule of the 1999 constitution as amended had breached his oath of office and should resign and be prosecuted by the relevant authority, S/075/02/01/16.
“Following a receipt of your letter, I setup a review team to consider the recommendations from the senate committee. I have also conducted further investigation based on Engr Lawal’s response to the allegations and issues raised in the Senate resolution. I have come to the following conclusion that I believe will guide the senate in the proper review of its interim report and eventual resolution.
“The report forwarded to the presidency by the senate which informed the decision that Engr Babachir Lawal should resign and be prosecuted by the relevant authority S/075/02/016 was an interim report as against a final report which ought to have be presented to the senate in the plenary for adoption as a binding and final report before submission to the presidency given the weight of allegations made in the report.
“The Senate committee setup to investigate the mounting humanitarian crisis in the northeast comprised of nine members namely, Senator Oluremi Tinubu, Senator Mohammed Hassan, Senator Solomon Adeola, Senator Ben Murray Bruce, Senator Tayo Alasoadura, Senator Theodore Orji, Senator Yahaya A. Abdullahi, Senator Mallam Aliu Wakili and Senator Issac M Alfa.
“The review of the interim report shows that the interim report was only signed by three out of the 9 members namely Senator Solomon Adeola, Senator Yahaya Abdullahi, and Senator Isaac M. Alfa
“The signing of the interim report by three out of 9 members of the committee makes it a minority report of the Senate committee and not a committee report being an interim report. Thus, presenting a challenge for the presidency to determine the weight to attach to the report as currently presented.
“I have also observed that the Senate ad-hoc interim committee report and the votes and proceedings of the Senate have not in its own right established that Engr Babachir Lawal was ever given an opportunity to appear before the committee and defend himself.
“It is also on record that the company linked to him Rollervision Engineering Limited was also not invited at anytime before the committee to defend himself against the allegations which eventually formed the fulcrum of the Senate’s case against the company.
“You are invited to note that non application of principles of fair hearing by the senate ad-hoc committee is a clear contravention of section 36 (1) of the 1999 constitution of the Federal Republic of Nigeria as amended and against all principles of rule of law as initiated in the “Nigerian legal system as well as the roles of the National Assembly committees on handling of public petitions.
“Consequently, I am of the view that baring other consideration that may arise as a result of subsequent investigation of Engr Lawal by the interim ad-hoc committee. The current report as presented to the Presidency in its own right does not meet the principles of fair hearing and compliance with the Senate rules for conduct of investigations in matters relating to abuse of office by public officers.
“In replying on the foregoing I am not able to approve the recommendation to remove and prosecute Engr Lawal on the basis of the Senate ad-hoc committee report dated 15th December, 2016.”
The president’s letetr angered Sani, who accused the presidency of fighting corruption with deodorant once members of the executive are involved and using insecticide when it concerned the National Assembly.
The SGF later headed to court and said he would not appear before the committee. But the SGF wrote another letter dated March 22 requesting the committee to give him a new date to appear.
Lawal, in the first letter, told Sani to inform other members of the committee that he would not be able to honour the invitation because he was in court to challenge his invitation to appear before the committee.
The Lawal’s letter obtained by our reporter reads: “Dear Distinguished Senator Shehu Sani,
“Your letter of invitation to appear before the above committee refers.
“I wish to kindly request that you draw the attention of the other members of the committee that I will not be able to appear before the committee primarily because I have gone to court to challenge the invitation among others.
“Please find attached the court documents.
Please accept my highest regards.
“Engr, Babachir David Lawal.”
However, in a another letter read on the floor of the Senate, Lawal begged the committee to assign a new date for him to appear.
He said rescheduling the hearing became necessary primarily because of a pressing engagement of government which clashed with the date and time earlier fixed of the hearing.
The letter reads: “I wish to kindly request that you draw the attention of the other members of the Committee that l will not be able to appear before the Committee primarily because of a pressing engagement of Government which clashed with the date and time of the hearing. I kindly request a rescheduling of the hearing, please.”
After reading the letter, Sani said his committee decided to give Lawal and others another date to appear.
Senate President Bukola Saraki asked the committee to go ahead and give Lawal a new date to appear before it.
Of course, Lawal never appeared before the committee and it is not clear what made the president change his mind and decide to probe his SGF for awarding contracts worth multiples of millions to a firm he had interest in.
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SGF’s suspension excites lawmakers
SENATORS and House of Representatives members yesterday reacted to the suspension of the Secretary to the Government of the Federation (SGF), Mr. Babachir David Lawal by his principal, President Muhammadu Buhari.
The lawmakers said the development was in tune with Nigerians’ expectation of a government that has the anti-corruption crusade as its selling point.
Praising the President for wielding the big stick against the SGF, the Chairman of the Senate Committee on Culture and Tourism, Matthew Urhoghide, told the News Agency of Nigeria (NAN) in a telephone interview that the move showed the President’s readiness to fight corruption irrespective of who was involved.
Describing the suspension as a welcomed development, Urhoghide said contrary to beliefs that the National Assembly was out to witch-hunt members of the executive, the assembly had sincerity of purpose in the discharge of its duties.
He said: “Some of the decisions of the assembly are reached on the merit of their cases. So, if the President now considers that it is a good thing for him to take a look at the report from the Senate, which was given in good faith, it is nice.
The Chairman of the Ad-hoc Committee investigating the Northeast crises, Senator Shehu Sani, in a statement in Abuja, applauded the President’s action on his committee’s report.
He said it was commendable that the committee’s report was taken seriously.
Sani said: “The sword of truth is not just cast and sharpened for the neck of foes but also for those of friends. Moral gallows is not just meant for a belligerent foe but for a perfidious friend.
“Courage is dispensing justice; greater courage is dispensing justice against our emotions and temptation towards saving a friend. It’s easier to annihilate an adversary for a heap wrong than reprimand a friend for a mountain of wrong.
“It’s commendable for the president to heed the call to fumigate the throne of lice and bugs with the same ability he goes after rodents afar.’’
Senator Adamu Aliero, who is the Chairman, Senate Committee on Aviation, also applauded the courage of the President.
Senator Mohammed Hassan (PDP-Yobe), a member of the ad hoc committee, said the committee was putting finishing touches to the final report on its assignment.
He said the report would be laid before the Senate after the Easter break.
He said: “I am just hearing this from you, but you know it was an interim report that was presented to the Senate and the final report, I am sure when we resume, will be laid on the floor of the Senate.
“If you recall, we were to have a public hearing where all those involved will be invited and that couldn’t hold for some obvious reasons that were stated on the floor of the senate. What I know is that the committee will ensure that the report is laid on the floor of the Senate.”
The Green Chamber members expressed mixed feelings over the suspension of the SGF and the Director-General of the National Intelligence Agency, (NIA), Ayo 0ke.
Minority Leader Leo Ogor said the suspension was in tune with the government’s anti-graft war posture.
He, however, demanded thorough investigation and disclosure of the ownership of the Osborne Towers, Lagos $43 million haul.
Ogor said: “The suspension of both men is a step in the right direction for Nigeria but it must be in line with the transparency agenda of this administration vis a vis its anti-corruption drive right from inception.
“We Nigerians demand a detailed probe on the $43 million that was found and there’s need to throw more light on who actually owns the money or better still, let them specifically tell us where the money came from.”
Kingsley Chinda (PDP, Rivers), who is the Chairman of the House Committee on Public Accounts, believed the President Muhammadu Buhari was prompted into action by public outcry.
He said: “It was Nigerians, who actually pushed the Federal Government into action due to their persistence that justice must be seen to be equitably distributed.
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Inflation of contracts: Senate is talking balderdash, says SGF
Secretary to the Government of the Federation (SGF) David Babachir Lawal, has denied accusation of contract inflation and abuse of office by the Senate.The Senate on Wednesday had asked Lawal, to immediately resign his position in order to face prosecution over alleged abuse of office, contract inflation and misappropriation of Internally Displaced Persons (IDP) funds.Responding to the accusation, the SGF said “the Senate is talking balderdash; it has developed the habit of bring him Down syndrome. Nigerians have decided that we should destroy our best. We should all destroy the promising and best among us by bringing people down without a cause. This is just how I saw it.“I have the report of the Senate Committee in which it was said that I didn’t resign from Rholavision Nigeria Limited. Let me tell you, Rholavision was formed by me in December 1990, and it has been a company that was run very successfully.“Now, when I was appointed Secretary to the Government of the Federation, I resigned from that company on 18th August 2015. I can see that in their report, they are talking about 2016. I don’t know where they got their facts.“By the way, it is very instructive that when the committee was sitting, no effort was ever made to invite me to come and make a submission. It is therefore, surprising that they devoted a whole session of today (yesterday) at maligning me, claiming what is not true without even giving me the chance to come and put my own case before them” he lamented.