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.
