Tag: Farouk Lawan

  • Is anti-graft war on course?

    Is anti-graft war on course?

    House of Representatives Speaker Hon. Aminu Tambuwal has alleged that President Goodluck Jonathan is not committed to the anti-corruption battle. In this piece, VICTOR OLUWASEGUN and DELE ANOFI examine the circumstances that led to the public outburst and its implications for the executive/legislative relations.

    When House of Representatives Speaker Hon. Aminu Tambuwal dropped the bombshell, many Nigerians were taken aback. The number four citizen dissected the polity, saying that the anti-corruption battle was not on course. In his view, President Goodluck Jonathan has not shown enough commitment to the crusade against graft.

    The Speaker attempted to substantiate his allegation. After presenting a paper at a one-day roundtable marking the International Anti-corruption Day by the Nigeria Bar Association (NBA) in Abuja, the Federal Capital Territory (FCT), Tambuwal objected to the manner the President handled the pension fraud, the N255million bullet proof car scandal, and the alleged fraud in the Securities and Exchange Commission(SEC). He said President Jonathan is encouraging corruption by his reluctance to promptly address the high profile corruption unearthed by the legislature.

    It was the first time the Speaker would speak against the administration in the public. While some people hailed him for his boldness, others said that his remarks were a brazen assault on the Presidency.

    However, barely a week after, former President Olusegun Obasanjo also wrote a letter to the President, accusing his administration of corruption.

    Few days after the Abuja outburst, Tambuwal dropped another bombshell during the inauguration of the House Ad-hoc Committee on Oil Theft at the National Assembly. He accused the Federal Government of complicity in oil theft, adding that N750 billion was being lost annually. Also, in his letter, Obasanjo alluded to the same crime, urging the President to halt the trend.

    Tambuwal has been a moderating factor in the House of Representatives, although he is largely portrayed as a friend of the opposition. Many believe that, as a Peoples Democratic Party (PDP) chieftain, he has been instrumental to the maintenance of a reasonable equilibrium in favour of the President in the House. Therefore, some said that he has a moral burden to refrain from washing the dirty linen of the government in the public.

    However, many legislators supported the Speaker’s approach. They said that Tambuwal’s outburst was borne out of the passive attitude of the executive to the legislative resolutions on corruption.

    Many legislators have expressed concern over the way the Presidency handled the allegations against the Securities and Exchange Commission (SEC) headed by Ms. Arumah Oteh. The matter led to frosty relationship between the two arms of government. The investigation by the Chairman of the House Committee on Capital Market and Institutions, Herman Hembe, went awry when he was accused of fraud by the Director-General. Eventually, the resolution by the House that the Oteh should be removed and the suggestion that the SEC should be excluded from the budget were ignored by the President.

    Also, the punitive recommendation by the House against the Minister of Aviation over the allegation of N255 million bullet proof car fraud was ignored by the President, who set up an administrative committee to look into the matter.

    Tambuwal frowned at the way the fuel subsidy probe was also handled by the President. He said many of the recommendations were not implemented, based on the fact that the probe was discredited by the bribe- for- clearance allegation against the Ad hoc Chairman, Hon. Farouk Lawan. The House was of the opinion that, in spite of the allegation, the recommendation, if implemented to the letter, would have cleansed the petroleum sector

    Tambuwal’s warning did not start overnight. On Jan 6, he had warned the Executive against corruption while speaking on the amendment of the constitution. The Speaker had sent a clear signal to the Executive and the Ministries, Departments and Agencies (MDAs), saying that the House would not condone a situation where few people feed fat on the wealth of the nation and majority of Nigerians wallow in abject poverty. He said the House will monitor step the MDAs and ensure that the national wealth is judiciously used by them.

    The Speaker said: “We are convinced now more than ever before, that a situation where the majority of the citizens continue to live in abject poverty while an insignificant minority corner the commonwealth is not only unjust, but unacceptable.

    “In this regard, we shall continue to adopt a pragmatic and functional approach to ensure that the war against corruption is removed from the realm of rhetoric by exercising absolute diligence in our oversight function to enhance transparency and accountability in both high and low strata.

    In November last year, the House raised an alarm over the non-remittance of N4 trillion by 60 MDAs indicted by the House panel report. The Nigerian National Petroleum Commission (NNPC) was summoned to explain $7bn missing crude oil funds. Also, Alhaji Rilwan Lukman and Mrs. Diezani Allison-Madueke were asked to appear before the investigative committee. The position of the Executive has always been that funds were not missing.

    Sequel to reports by the Office of the Auditor General of the Federation (AGF) over the non-remittance of over N4 trillion by Ministries, Departments and Agencies (MDAs) for the 2009 fiscal year, the House summoned the Minister of Petroleum Resources and past chairmen and members of the Board of the NNPC. They are among 60 MDAs investigated by the Public Accounts Committee headed by Solomon Adeola.

    Adeola said that a comprehensive probe into the operation of the Liquefied Natural Gas (LNG) is underway. He alleged that the company has not remitted any revenue into the government coffers for seven years.

    “On the issue of the LNG, you will agree with me that the only thing that constitutes revenue today, apart from taxes, is oil. The LNG has been on for over six to seven years and they’re not privatised and we’ve not even heard from them”, he said.

    The House also supported the Senate’s call for the sack of the Chairman of the Pension Task Force Team, Abdulrasheed Maina, over pension fraud and corruption. It ordered the Inspector-General of Police, Alhaji Mohammed Abubakar, to appear before its committee on Police Affairs to explain why he did not act on the warrant issued by the Senate. But it was later alleged that the Presidency was shielding Maina.

    In March, the legislators, through a motion moved by the Deputy Chairman of the Committee on Millennium Development Goals (MDGs), Hon. Bimbo Daramola, agreed that the immunity granted the former governor of Bayelsa State, Diepreye Alamieyeseigha, “was not well thought out.”

    On July 28, the House Committee on Anti-Corruption, National Ethics and Values resolved to investigate the Ministry of Aviation over the award of contracts running into billions of naira. The committee alleged that the contract money was paid for jobs not executed. Its Chairman, Abiodun Faleke, said the Subsidy Reinvestment and Empowerment Programme (SURE-P) and the Ministry of Works would be investigated for breaching the Public Procurement Act.

    He said: “The impunity with which we do things in this country is appalling, like the abuse of ‘No Objection Certificate’ given by the Bureau of Public Procurement (BPP). All agencies are using this loophole to issue contracts of over N20b without advertising them, once they write to the BPP that allows for selective tendering.

    “Talking of impunity, during an oversight of MDG projects, we discovered that a canal was conducted in Okrika for over N2billlion. The consultancy fee for the project that was not even in the 2012 budget and not appropriated for was N900m”.

    The House has also criticised the Federal Government for the poor implementation of the budget. In its view, the President only selects and implements some items in the budget.

    The 2014 budget presentation to the National Assembly was aborted by President Jonathan at the last minute, due to the insistence of the House on $79 per barrel.

    However, the public has always had the impression that the face off between the House and the Presidency is related to the manner in which the Speaker emerged in 2011 against the will and zoning formula of the PDP. But, Tambuwal is of the opinion that the House was living up to its vision, which is “ pursue an aggressive legislative agenda to reposition itself as a key branch of government, able and determined to deliver on the key elements of governance”.

    A legislator, who craved for anonymity, said that “that is why the House frowns when the Executive says that its resolutions are mere advice”. But another legislator said: “Tambuwal is only playing to the gallery by attacking the President in order to gain favour from the opposition in the House”.

  • Subsidy bribe: Lawan’s bid to stall proceedings dismissed

    Subsidy bribe: Lawan’s bid to stall proceedings dismissed

    An Abuja High Court in Maitama on Wednesday dismissed a fresh application for stay of proceedings in the trial of former Chairman, House of Representatives ad hoc Committee on Subsidy Probe, Farouk Lawan and the committee’s Secretary, Boniface Emenalo.

    Lawan and Emenalo are being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for allegedly receiving $620,000 from a businessman, Femi Otedola to influence the report of the committee in favour of his company, Zenon Oil and Gas Limited.

    The court had rejected a similar application by the accused in a ruling on July 10 this year and adjourned till Wednesday (today) for commencement of trial.

    The prosecution, represented by Adegboyega Awomolo (SAN) was to call its first witness, when the lawyer told the court he was served with an appeal notice by the accused persons on August 8.

    “Also this morning in court, I was served with an application filed and dated July 15 at the Court of Appeal by the accused, praying for an order of stay of further proceedings in this charge,” Awomolo added.

    He recalled that the court had on July 10 dismissed similar application for stay of proceeding.

    Awomolo said the accused filed similar application before the Court of Appeal a week after the court dismissed their earlier application.

    He argued that in view of the court earlier ruling, it could only adjourn proceedings, but not stay it.

    Lead defence lawyer, Ricky Tarfa (SAN), confirmed that the defence filed an application dated July 15 before the appellate court.

    Tarfa urged the court to stay proceedings in view of the pending appeal.

    He argued that it will be neater and in the interest of justice for the trial court to await the outcome of his clients’ application before the Court of Appeal.

     

     

  • APC’s emergence good for democracy – Lawan

    APC’s emergence good for democracy – Lawan

    The former Chairman, House of Representatives Committee on Education, Farouk Lawan, has said the emergence of the All Progressives Congress would force political parties to become ideologically inclined.

    The lawmaker said the nation’s democracy would be better for it as Nigerians would know the “real worth” of their political parties.

    Lawan, who spoke in Abuja during a National Assembly media interactive session, said with the advent of the new party, others would be forced to market their ideas.

    “The registration of new parties, though not new was good for our democracy. The coming together of some parties particularly, those hoping to challenge the Peoples Democratic Party in a more forceful manner, I think would add colour to politicking and democracy in this country.

    “Personally, I think we are likely to witness more excitement and this would give Nigerians the opportunity to determine the ‘real worth’ of each political party. This would also help the parties to market themselves on ideological basis,” he said.

     

  • Court rules for prosecution of Lawan, Emenalo

    An FCT High Court on Friday dismissed an application seeking to quash alleged corruption charges against Rep. Farouk Lawan.

    Lawan was the former Chairman, House of Representatives Ad Hoc Committee on Fuel Subsidy Regime.

    He is standing trial alongside his Vice Chairman, Boniface Emenalo, on a seven-count charge of allegedly obtaining N625 million bribe from Mr Femi Otedola, the Chairman of Zenon Petroleum and Gas Ltd.

    At the resumed hearing, Justice Mudashiru Oniyangi, said the Counsel to the accused, Mr. Rickey Tarfa (SAN), brought an application seeking an order of the court to quash charges number FCT/HC/CR/76/2013.

    Oniyangi said the application also challenged the competence and jurisdiction of the court to try and determine the offences in the said charge.

    The judge said the Prosecuting Counsel, Chief Adegboyega Awomolo (SAN), filed a 12-paragraph affidavit and written address urging the court to dismiss the application, describing it as frivolous and an abuse of court process.

    He said the prosecution also raised an issue for determination that, whether the court can look at the merit of the application seeking to quash the charges before trial.

    In his ruling, Oniyangi, after quoting different authorities, submitted that the court had competence and jurisdiction to hear and determine the case.

    According to him, the court considered proof of evidence and writing statement of the applicant, adding that granting such application does not amount to an abuse of court process.

    He said that the court had not heard any witness to determine whether or not there was a prema-facie case against the accused.

    According to him, it was premature at this stage to determine whether prosecution has case against the accused or not.

    In view of this, prosecuting counsel, prayed the court to fix a date for trial.

    Tarfa said, “ the accused has two options: either to go ahead with the trial or for appeal, because the constitution allows him to go on appeal if he so desires.

     

     

    Oniyangi adjourned the case to June 19 for hearing

  • Bribery scam: Farouk, Emenalo want charges quashed

    Bribery scam: Farouk, Emenalo want charges quashed

    Former Chairman of the House of Representatives Adhoc committee on fuel subsidy, Hon. Farouk Lawan and the Secretary of the Committee, Boniface Emenalo on Wednesday urged an Abuja High Court to throw out the charge of receiving$620,000 against them.

    The duo are facing trial for allegedly receiving the sum from businessman, Femi Otedola to influence the report of the committee in favour of Zenon Oil and Gas Limited.

    Their counsel, Mr Rickey Tarfa, SAN argued that the court ought not to have granted the application for leave to prefer the charges because the prosecution failed to provide adequate materials necessary for the judge to exercise his discretion to grant the application.

    The trial judge, Justice Mudashiru Oniyangi   after listening to the arguments for and against the application to quash the charges said he would deliver a ruling on May 2, 2013.

    Tarfa, while substantiating his application to quash the charges,asked the court to discharge the accused since no prima-facie case had been made against them.

    He argued that the foundation  of the case against them was not legally laid.

    He said the prosecutor failed to comply with the provisions of section 155 (1)(b) of the Criminal Procedure Code which required that statements of witnesses be attached to the application to prefer charges.

    Although the trial was scheduled to commence on Wenesday, Tarfa insisted that the court must first hear and determine the application to quash the charges.

    He said that the application to quash the charges also challenged the jurisdiction of the court to conduct the trial.

    The prosecuting counsel, Chief Adegboyega Awomolo, SAN in his response asked the court to dismiss the application even as he described it as a ploy to waste the time of the court.

    Awomolo said the Supreme Court had held in many cases that the purpose of seeking for leave of court’s to prefer charges was to ensure that frivolous criminal charges were not filed and not to allow the accused persons to see the details of the charges against them.

    He argued that the charges remained valid adding that non-attachment of witnesses’ statement did not vitiate the legality of the charges.

    Lawan and Emenalo were said to have violated the provisions of the Independent Corrupt Practices and other related Offences Commission Act.