Tag: insists

The Presidency yesterday said the fate of the Chairman of the Pension Reform Task Team, Mr. Abdulrasheed Maina, could only be dictated by the laid down civil service rule.

The Senate on Wednesday requested the Presidency to sack Maina from the Federal Civil Service.

The President, through his Special Adviser on Media and Publicity, Dr. Reuben Abati, denied backing Maina.

The Senate has the constitutional right to summon anybody since nobody is above the law, Abati said, adding that as a man who believes in the rule of law, the President’s stand is that laid down procedure should be followed in addressing issues.

According to him, the procedure is that the Head of Service of the Federation that can take a decision concerning a civil servant, according to the civil service rule.

Abati said: “The Senate has the constitutional power to summon anybody. If such person failed to appear before them, the lawmakers are also empowered to issue warrant of arrest against the person.

“The President has not in anyway stood in the way of the Senate in inviting Maina. You will recall that the police even declared him wanted.

“Maina is a civil servant. If he has done something that amounts to a breach of the civil service rule, the appropriate office to do the right thing and ensure that due process is followed is the office of the Head of Service of the Federation.

“Nobody should suggest that the President is backing Maina. It is not an issue for the President.

“There are laid down procedures for handling situations like this. The President believes in due process. It is a matter for the civil service to handle. The President does not have to discipline civil servants personally,” Abati said.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) yesterday insisted at the Supreme Court that a former Senate President, Senator Adolphus Wabara and four others must face trial for alleged N55m bribe-for-budget deal.

The others are a former Minister of Education, Prof. Fabian Osuji, Senator Ibrahim AbdulAzeez, Senator Azuta Mbata and Garba Matazu.

Two other suspects (Senators Emmanuel Okpede and Badamosi Maccido) have died and their names struck out of the charge sheet.

The suspects were arraigned on April 11, 2005 before Justice Hussein Mukhtar of the FCT High Court for allegedly obtaining money to facilitate easy passage of the budget of the Federal Ministry of Education in 2005.

They were accused of allegedly committing offences contrary to sections 9(1) (a); 17(a); 23(2); 26(1) and punishable under Section 8(1); 9(1) (b); 17(c); 23(3) of the Corrupt Practices and Other Related Offences Act 2000.

The accused had earlier urged the High Court to quash the charges against them, but Justice Muktar, on November 10, 2005, dismissed the request.

Three of the suspects (Wabara, AbdulAzeez and Osuji) later went to the Court of Appeal in Abuja challenging the judgment of the High Court.

On June 2, 2010, the appellate court set the three accused persons free and quashed the 15-count charge brought against them by the ICPC.

In the judgment delivered by Justice Mary Peter Odili, the court held that the charges were bogus and failed to disclose a prima facie case against the accused.

Justice Odili also ruled that the charges were frivolous, baseless and lacking in merit and as such cannot be sustained by any prosecution.

The ICPC, however, headed for the Supreme Court.

The matter came up for hearing at the apex court yesterday with ICPC insisting on the trial of the accused.

The prosecution counsel, Chief Niyi Oshe (SAN) and Mr. John Bayeshea (SAN) told the Supreme Court that “it is ridiculous to say no prima facie case was made against the accused because the statement of Prof. Osuji, was enough to establish that they have a case to answer.

“Prima facie case cannot be equated with proving a case beyond reasonable doubt. At this stage of arraignment, it is too early to assume that there is no case against them.

“The Court of Appeal went to the extent of treating Sen. Chris Adighije as a tainted witness. But our position is that the court cannot treat anyone as a tainted witness until trial takes place. Accused persons should not be discharged on the basis of preferment of charges.

“If the position of the Court of Appeal is sustained to the effect that there was no prima facie case against the accused, a combination of these errors will make criminal prosecution almost impossible in this court.

“The court should let the accused face trial, it should not discharge them on mere preferment of charges.”

But Osuji, through his counsel, Goddy Uche, said he was an innocent actor because of his love for the country.

The ex-minister also said: “There is no proof of evidence to link me with the complicity of the offence.”

The Supreme Court’s five-man panel, led by Justice Ibrahim Tanko Mohammed, fixed judgment for February 22.

TROUBLED times are still ahead for the embattled Director-General, Security and Exchange Commission, Ms Arunma Oteh.

The Senate insisted that she must be relieved of her job, saying President Goodluck Jonathan is on his own by retaining Oteh.

In a statement by its Committee on Capital Market, the Senate aligned with the resolution of the House of Representatives that the SEC chief be sacked.

The statement reads:”You will recall that the House, few months ago, set up an Ad-Hoc Committee, which investigated the near collapse of the Nigerian Capital Market.

“Consequently, the House passed a resolution based on the report that the President should sack the Director-General (SEC), Ms. Aruma Oteh.

“The House further resolved that should the President fail to comply with its resolution, the House would cease to accord any recognition to the SEC DG.

“You are also aware that instead of complying with that resolution, the SEC DG was reinstated in flagrant disregard of the resolution.

“Again, on resumption from recess last month, the House reaffirmed its earlier resolution and gave a 14-day ultimatum for compliance. Till date that ultimatum has been ignored.

“Furthermore, since Ms. Oteh’s resumption of duty, there have been protests against her administrative style.

“Rather than seek amity with the workforce, she has continued with the same style for which the Presidential Review Committee indicted her.

“Specifically, the workers have accused her of high-handedness, sole administrator-ship, intimidation, insensitivity, malice and vengeance.

“Consequently, the Senate Committee on Capital Market, at its meeting on September 26, considering this and other matters at the Commission, resolved to support the position of the House that Ms Oteh be removed forthwith.

“The Committee also resolved to have nothing to do with Ms. Aruma Oteh for as long as she remains at the helm of affairs at the SEC.”