The Senate has confirmed Senator Musiliu Obanikoro as a minister, despite protests by senators from his state and others, who insisted that things must be done right. Lawyers argue that it was morally wrong for the David Mark-led Senate to have cleared Obanikoro without insisting that he should clear himself of allegations against him, especially his role in the alleged rigging of the last June 21 Ekiti State governorship election. Moreover, the matter is in court and it is the Senate’s tradition not to touch issues that are sub judice. Lawyers say the Senate did not play by its rules in confirming Obanikoro, reports ERIC IKHILAE.
In spite of huge protests last Wednesday, the Senate confirmed Senator Musiliu Obanikoro as minister. Arguably for the first time in the Senate’s history, opposition senators staged a walk-out to show their objection.
The three senators representing the nominee’s state rejected him. They are Senators Ganiyu Solomon, Gbenga Ashafa and Oluremi Tinubu .
A record of eight points of order were raised by members in opposition to Obanikoro’s confirmation.
Despite the strident opposition, Senate President David Mark moved the Red Chamber to confirm Obanikoro regardless of the issues raised concerning his credentials, allegations of abuse of office during his last tour of duty, the pendency of court cases challenging his suitability for public office and the need to consider the implication of his confirmation on the conscience of the society.
Ordinarily, Obanikoro comes with a rich profile. He was a one-time chairman of Lagos Island Local Government (remember the fire at City Hall that time), former commissioner for Home Affairs in Lagos State (remember the incident at Hajj when he was Lagos State Amirul Hajj), a former distinguished Senator of the Federal Republic, former High Commissioner to Ghana and, until recently, the Minister of State for Defence.
Despite his political background, however, Obanikoro’s personality has over the years attracted negative attributes. He has, of recent, been mostly associated with conduct antithetical to his profile.
Leaders of his home chapter of the Peoples Democratic Party (PDP), such as Chief Olabode George and Adeseye Ogunlewe, have, in most instances, described him in uncharitable terms. His party also portrayed him in a similar light when reacting to a suit he filed against it after losing the governorship primary last December.
Obanikoro, in the suit marked: FHC/ABJ/994/2014, accused the party and its leaders of manipulating the primary against him. He accused George and Jimi Agbaje (who won the primary) of engaging in criminal conduct.
But, in its response, the party accused Obanikoro of working against its interest and plotting to frustrate it from fielding a candidate for the governorship election in Lagos. The party said Obanikoro stormed the venue of the primary in Lagos “in a black jeep with other security vehicles and 30 heavily armed mobile policemen”.
Before his party accused him of working against its interest, the Lagos State Governor, Babatunde Fashola, was at a point forced to note Obanikoro’s seeming predilection for misapplying state powers, accusing him of bringing soldiers to physically stop ongoing public housing projects. This was during his first coming as the Minister of State for Defence.
In Ilaje Ese-Odo, Ondo State, he was also accused of bringing soldiers to intimidate opponents of his party during a by-election to fill a vacant House of Assembly seat. His alleged love for abuse of powers got to a ridiculous height with what has now been known as Ekitigate, in which a military personnel recorded voices of Obanikoro, Minister of Police Affiars, Jelli Adesiyan, a PDP governorship aspirant in Osun State, Iyiola Omisore and Ayo Fayose (who was PDP’s candidate), at a meeting where they allegedly plotted to use the military to rig the last Ekiti State governorship election
While Adesiyan, Omisore and Fayose had reportedly admitted attending the meeting, but denied that they plotted to rig the election, Obanikoro has continued to deny that he was at the meeting where the recording took place.
Aside the various allegations of his involvement in election manipulation, some cases are currently pending against him in some courts, challenging his eligibility to hold public office or stand for election in view of the many questions and contradictions about his person.
One of such suits pending before a Lagos High Court, Ikeja was filed by three PDP members. The plaintiffs – Michael Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan accused Obanikoro of falsifying his age.
They also accused him of voluntarily acquiring the citizenship of the United States (US) without renouncing his allegiance to Nigeria, the country of his birth.
Ogun, in a supporting affidavit said: “Obanikoro deliberately declared falsely in his answer to Question 9 Part B of the aforementioned affidavit when asked whether he had changed his nationality in the past and if so, what the nationality was, by answering ‘that is not applicable,’ when he knew that he had in actual fact acquired the citizenship of the U S as contained in his American Passport No.025317195 issued on June 16, 1995.
“Also, Obanikoro deliberately falsified his date of birth and age as the 28th of July 1954 and 52 years respectively notwithstanding the fact that Obanikoro knew that his official Nigerian passport and his diplomatic passport No.F0004473 and D0002471 respectively showed contrarily that his actual date of birth is the 28th of July 1960.
“His American passport and application for admission to the Texas Southern University, Houston Texas including extracts from Obanikoro’s marriage records to Jewel M. Weller in the Harris County 1982 Marriage Records support the assertion that Obanikoro’s actual date of birth is 28th July 1960 as opposed to false declaration of 28th July 1954,” Ogun said.
There is also the question about his actual surname, whether it is Obanikoro or Onikoro. The suit being prosecuted for the plaintiffs a Lagos-based lawyer, Wahab Shittu, has been fixed for tomorrow for judgment by Justice Kazeem Alogba.
Obanikoro bears the heavy baggage of unresolved allegations of abuse of powers and pending cases, which query his eligibility to stand for election or be appointed to public office. These formed the basis of the objection by opposition senators, but the Upper Chamber confirmed him without caring about how the people felt.
Many argued that the Senate’s confirmation of Obanikoro and the role played by the Senate President, again, called to question his leadership credentials, bearing in mind his antecedents.
They queried the double standard played by Mark in the whole episode, wondering why the Senate President, who once told Senator Olubunmi Adetunmbi (Ekiti North), to drop a motion seeking the Senate to look into the role Obanikoro played in the Ekiti election on the ground that the matter was in court, chose to close his ears to the information that issues concerning Obanikoro’s suitability for appointment into public office formed the subject of a pending suit in court.
Observers wonder whether the Senate President was not aware that court processes were legitimately served through media publications, when he argued to the effect that the Senate would not rely on media reports about the pendency of the suit before the Lagos High Court in deciding whether or not to confirm Obanikoro.
They faulted the Senate leadership’s reliance on its funny practice that a former member of the legislative chamber must not be subjected to questioning before confirmation. They queried President Jonathan’s motive in insisting that Obanikoro, despite the allegations and court cases against him, must be made a minister.
They also wonder whether his nomination and clearance by the Senate were intended to enable him re-enact what has now become the Ekitigate or meant as a compensation for him to back down on his alleged plot to scuttle the party’s chances in Lagos and, possibly, the Southwest.
Lawyers, including Mahmud Magaji (SAN), Dr Ambrose Owuru, Wahab Shittu and Festus Keyamo argued that the confirmation of Obanikoro by the Senate was not only a denigration of whatever the country stands for, it also offended the dignity of the people. They queried the haste in the Senate’s decision when the many queries about his conduct during his first coming were yet to be resolved.
Magaji noted that it is the requirement under the Constitution that people to be appointed as ministers should be those with unimpeachable character. “And that at the verge of confirmation, the Senate President will pronounce that you have indeed, been found to be fit and proper to be appointed as a minister of the Federal Republic of Nigeria.
“If that is the position, it means the conduct of the Senate, in clearing Obaikoro, has completely eroded the trust of Nigerians on the Senate to protect the provisions of the Constitution. And, of what benefit will it be if the international community sees us as a bunch of people led by people with questionable character.
“This is the impression we create when we appoint people with questionable character as ministers of the Federal Republic of Nigeria. I think this will not only affect us at home, it is capable of eroding the trust and confidence that other nations have for us. It is sad,” Magaji said.
Owuru contended that the Senate did not act well. He noted that since its members represent Nigeria, they ought to consider their action on the image of the country.
Owuru, who is also the presidential candidate of Hope Democratic Party, argued that a responsible senate would have deferred the matter and seek to protect the nation’s image because Nigerians are already perceived as “people of anything goes; a corrupt people.
“So, when a man is under some measure of investigation, and wants to be a minister of the Federal Republic of Nigeria, and is accused of having abused his position in previous outing, there is the need to be cautious. I do not see the need to hurry to confirm such a ministerial nomination at this time. And we are close to elections, unless they have ulterior motive. If not, it is not something that is proper to do.
“This is sending a wrong signal out there, because they represent Nigeria and don’t forget that the world is following developments here. What if, during the next election, this fellow is found involved in any unwholesome practice, would it not attract negative reaction? This is why we must be careful. It should not all be about winning election. It should be about how we run the country for the good of all,” Owuru said.
Shittu said although it will be wrong for him to comment on the issue, being the plaintiffs’ lawyer in the case before the Lagos High Court, the Senate ought to have waited for the outcome of the case before confirming Obanikoro. He said the case has been adjourned till tomorrow for judgment.
Keyamo contended that “for anything at all, they (members of the Senate) should have waited for the allegations against Obanikoro to be fully investigated before considering his nomination. That they confirmed him is a shame.”
