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Senate flexes muscles with Presidency over SGF, Magu

‘No confirmation of RECs without Lawal’s, Ag. EFCC chair’s sack’

SENATORS bared their fangs against the Presidency yesterday. They suspended the screening and confirmation of 27 Resident Electoral Commissioners (REC) nominees.

The Senate declared its readiness to defend its integrity against attacks by some persons it did not name, signifying a possible showdown between the two arms of government.

The upper chamber unanimously resolved to suspend the consideration and confirmation of RECs nominated by President Buhari to protest what it called disregard for resolutions by the Presidency.

Announcing the resolution after about two hours meeting behind closed doors, Senate President Bukola Saraki said the upper chamber would not succumb to blackmail and intimidation in the discharge of its constitutional duties.

Saraki did not disclose the identity of the “external forces” he said were attacking the Senate as an institution.

His words: “The Senate in a closed session discussed the various attacks on the National Assembly, especially on the Senate, for performing its constitutional duties.

“The Senate resolved to defend the integrity of the Senate against such attacks and will not be intimidated from carrying out our constitutional duties at all times.”

It was learnt that the Red Chamber’s position may not be unconnected to its face-off with some members of the executive, including the Comptroller-General of the Nigerian Customs Service (NCS), Col. Hameed Ali (retd.), and the Secretary to the Government of the Federation (SGF), Mr. David Babachir Lawal.

The Senate rejected for the second time the nomination of Mr. Ibrahim Magu for Economic and Financial Crimes Commission (EFCC) Chairman on March 15.

A National Assembly source disclosed yesterday: “The Senate is not happy that despite its rejection of Magu, the President still keeps him in office in an acting capacity.”

The resolution to suspend the consideration of the RECs’ nomination followed a motion by Senator Peter Nwaoboshi.

But for Nwaoboshi’s motion, the names of the RECs would have been read the second time and referred to the Senate Committee on Independent National Eelectoral Commission (INEC).

Nwaoboshi prayed the Senate to suspend action on the nominees for two weeks to allow the Senate President convey the feelings of the Senate to President Buhari over alleged disregard of its resolutions.

The senator said: “Mr. President, taking a leave from America which started this presidential election. Recently the National Security Adviser was sent to the Senate of America and because of his belief in Russia he was disqualified.

“What am I saying? Issues like this have to transcend the issue of political parties or where you have lived for the interest of Nigerians and also to protect our constitution and protect our democracy.

“Recently in this Senate, we have dealt with the issue of confirmation and where are we today? The chairman of the Presidential Advisory Committee on Anti-corruption (PACAC), Prof. Itse Sagay went to the press and said that the Senate merely confirms.

“This is not expected of somebody who had lectured Constitutional Law in the university, a professor of Law, a Senior Advocate of Nigeria (SAN) and, of course, a chairman of such a big body to say that the legislature merely confirms, that the legislature has no power.

“Here are we again today, now being given a list to confirm and we merely confirm. Look at the list here, we have eight of them here out of 27, eight of them are for reappointment, which means they are acting already, they are already working and they are still in position.

“Prof. Sagay will cite again Section 171, Subsection (D) of the Constitution of the Federal Republic of Nigeria that even if we don’t confirm them, he will say ‘continue to work’.

“You can imagine this kind of advice that these kinds of persons are giving to Mr. President. They are telling Mr. President to disregard and disrespect the institution, the legislature.

“Mr. President, lets us not take such a precedence. We cannot destroy our democracy because certain persons, certain individuals feel that it is only their belief or what they want is what will happen in this country.

“This country does not belong to them; this country belongs to the Nigerian people; the Nigerian people have elected us; they have given us the power to look into those names sent to us for confirmation and to look into their credentials.

“But when you denigrate such an institution that have the power to confirm and use the word merely, we could not ignore it coming from somebody of that status.

“My position on this matter is that since our confirmation is ‘merely’, let us suspend it until we know whether we have the power as given to us by the Constitution to look into confirmation matters or any other status.”

Senator Matthew Urhoghide (Edo South) said: “In addition to what Nwaoboshi said, which is the constitutional requirement that this Senate has to confirm nominations sent by the executive arm of government, the act establishing these agencies of government have specified clearly that these officers of these agencies whose appointments will be made by Mr. President have to be confirmed by the Senate.

”We are only performing our statutory role and, if by chance, Mr. President sends a name to the Senate for confirmation and they are not confirmed, what happens is that the President is at liberty to send another name but it must be that the Senate too must be properly informed of what has happened to the confirmation either the one that has been upheld or the one that has been turned down by the senate. We deserve the right to know.

“We cannot keep confirming names or turning down names of nominees of Mr. President only for them to be put in basket, particularly the one that happened recently; we don’t know what has happened.

“These persons cannot keep acting even when we have turned them down because as it is now they are acting and their names have been sent in for confirmation and we don’t know what has happened in the case of the EFCC.

“Specifically speaking, is he acting today? If the President knew that he was not going to honour our refusal or rejection of his nominee, they shouldn’t have sent him in the first place, which would have meant an outright violation of the law establishing EFCC and of course, the constitution of the Federal Republic of Nigeria, 1999 as amended.”

But Senator Adamu Aliero (Kebbi Central) countered the two senators’ position.

Aliero said: “I rise to oppose what my two colleagues have just said for the reason that there is already an impression that is created, particularly by the media that the INEC is not ready for the conduct of 2019 election. The 2019 election is very crucial to us and the preparation and the conduct of the 2019 election is the submission of resident electoral commissioners to the senate for screening and approval.

“Without that, INEC will never be ready for the 2019 elections, even though what they said is true. I want to ask that we consider the screening of this list and if there is any observation on any nominee, it should be done at the screening stage.

“I will want to respectfully say that some of the nominees that are set to be on reappointment they have already left the office and they have served their term for four years.”

Deputy Whip Francis Alimekhana (Edo North), was more vocal in his support that the confirmation of the RECs should be kept in view.

He said: “I beg to differ from the suggestion of my colleague, Senator Aliero. It is better to do something and do it well. All these nominees reappointed, new appointment, what if we refuse one of them, what will happen? That is the question that the distinguished senators are asking the executive. There is no need to disapprove one and he (President) goes back to say you can continue to act.

“The EFCC chairman that we disqualified in this hall is he acting? Among the report that are agog in the papers, he is behind it. Magu is terrorising us because we disqualified him and we cannot hide it. We disqualified Magu and he is terrorising our people because we disqualified him and he is still acting and they are still bringing in nominees for us to confirm. If they know they can do it alone, let them do it.”

Deputy Senate Leader Bala Ibn Na’Allah urged his colleagues to be cautious.

Na’Allah said: “This is a defining moment in our journey to nationhood. Having had the privilege of being a leader in this Senate, I have always prided myself with the fact that this Senate is imbued with men of intelligence, courage and character, with determination to play a fundamental role in our journey towards nationhood.

“I have always said that it consists of former governors, former ministers, former captains of industries. What that means is that at each point we are being called upon to decide on an issue that affects this nation.

“We must show that we have superiority of thinking and we have more commitment than those anti-democratic forces that survive outside the chambers of the National Assembly. I think this is one situation where that call is relevant and important.

”I share the sentiments of my colleagues on this issue. I am in great difficulty to disagree with more convincing reasons as to why I think the Senate will thread cautiously on the request by my colleagues for us to stand down this. I think this matter is going to be referred to the committee, we still have enough time.”

Deputy Senate President Ike Ekweremadu noted that some of the positions of the RECs had been vacant for more than one year.

He said that any delay should not be blamed on the Senate but on the Executive that failed to submit the nominees on time.

Ekweremadu said Saraki should be allowed to convey Senators’ feelings to President Buhari on his appointments, noting that it was necessary to do so.

He proposed that the consideration of the nominees should be stood down for one week.

Before a vote could be taken on Ekweremadu’s motion, Nwaoboshi moved that the matter should be suspended for two weeks.

Senator Clifford Odia (Edo Central) seconded.

When Saraki put the resolution to vote, it was unanimously endorsed.

March 29, 2017
SGF denies awarding contracts

•Says all contract went through due process

The Secretary to the Government of the Federation (SGF), Babachir David Lawal has denied awarding contracts from his office.

All contracts being awarded, according to him, go through official process.

The Director (Press) in the Office of the SGF, Bolaji Adebiyi, said in a statement in Abuja that newspaper reports suggesting that his office awarded contracts to ghost firms were way off course.

He said:”First of all, the Office of the Secretary to the Government of the Federation observes that the headlines are at complete variance with the body of the story. “Indeed, in the body of the story, Senator Shehu Sani made it clear to the reporters when he 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). The implication is that PINE is really the body to answer all enquiries regarding the contract awards. Not the SGF.’

“To the real and more important issue, the general public should not be misled into the belief that the Secretary to the Government of the Federation has the authority or power to award contracts.

“This, indeed, is not the case. As with all awards of contract in government, the PINE projects under investigation went through what is referred to as due process in public expenditure.

“The contracts were awarded only after the requisite clearances were obtained from the Bureau of Public Procurement (BPP). It is expected that these clearances are obtained only when all conditions precedent to the awards of contracts are met. Apart from the BPP huddle, the Tenders Board of the procuring agencies, in this instance, the Office of the Secretary to the Government of the Federation, has to approve of the contracts before they are awarded. At no time were these processes compromised in the award of contracts by PINE.”

He also emphasized that the SGF is not even a member of the Tenders Board.

He urged the media to be mindful of the structure of government, the powers of functionaries and the stringent processes and procedures that go into public sector expenditure in order to be fair in their reports.

“The SGF despite his position in government cannot award contracts. He is not even a member of the Tenders Board. All contracts must, indeed, pass the acid test of obtaining clearance from the Bureau of Public Procurement and the scrutiny of the Tenders Board.

“PINE contracts were awarded following strict compliance with public expenditure and procurement processes. It will interest everyone to know too, that all PINE projects were properly and satisfactorily executed. The beneficiaries have continued to express their appreciation to the Federal Government for PINE intervention, that in many cases, has accelerated the return of normalcy to hitherto ravaged communities.” he said

March 26, 2017
SGF to explain how fake firms got N1.3b contracts

Senator Sani states why panel summoned Babachir Lawal

Many companies awarded contracts by the Presidential Initiative on the North East (PINE) cannot be located, a senator alleged yesterday.

Senator Shehu Sani, Chairman, Senate adhoc committee on mounting humanitarian crisis in the North East, told reporters in Abuja that over 20 companies were involved in the phony contracts.

Of the about N1.3 billion jobs awarded, the most controversial is the N220 million contract for the removal of wild grass and provision of 115 hectares of simplified irrigation in Yobe State, awarded to Rholavision Engineering Limited. The firm is linked to Lawal.

The Kaduna Central lawmaker, who described the development as “strange”, said that the inability of his committee to trace the addresses of the firms reinforced its desire to interact with the Secretary to the Government of the Federation, Mr. Babachir David Lawal, who headed 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 rumours 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 for 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.

“We have our papers on the ground and we are set to invite all those persons. It was supposed to be today but, of course, it couldn’t happen. We assure the members of the public through the media that we are going to announce the next date for the public hearing.

“But we are assuring Nigerians that we will discuss with the Senate to give us a convenient date that he is going to come because he is the head of this PINE and the companies that are associated with these contracts are known.

“But we said we appreciate his humility due to the fact that what was stated on the pages of the newspapers was not correct.

“In this time when there is a frosty relationship between the parliament and appointees of this government, I believe that this is a new phase – signing the letter himself, sending it to us, requesting for a new date. I think he has been humble and we are going to consider his request.

“Well, the most important thing is that we have received the letter before the hearing and he has apologised to others for the inconveniences caused, but the issue is that we can’t afford to talk to others without him here because it would amount to simply coming out with a second report for which we will be accused of not giving some people a fair hearing.

The Senior Special Assistant to the President on National Assembly Matters, Senator Ita Enang, said the insinuation of friction between the Executive and the Legislature was false.

Enang told reporters that the Executive had great respect for the institution of the Senate.

He said: “Let me state that the executive has great respect for the institution of the Senate and the distinguished senators themselves and that is why the SGF personally wrote and signed the letter requesting for a rescheduling of the meeting and not saying he would not come.

“He is requesting for a rescheduling and the letter has been delivered and presented before the committee.

“Once again, I say that we have great respect for the institution of the Senate, the National Assembly and indeed the legislature.

“I am sure you haven’t had any heat about the 2017 budget because the executive and the legislature are working together.

“I just want to say that what is happening is that the political space is active, not that it is tense.

“It is active and showing that the legislature is concentrating on its work. The executive is being put under pressure in respect of what it should do and this is what is expected of the legislature under a democracy.

“So, Nigerians should accept that there is nothing abnormal in this situation. It has been hotter than this at other times, but we are doing everything to make sure that the temperature doesn’t get higher than this.”

March 24, 2017
The battle between Senate and SGF

The Senate last December urged President Muhammadu Buhari to suspend and ensure the prosecution of the SGF for alleged breach of the law in handling contracts awarded by the PINE.

The Senate’s resolution followed the presentation of the report on the humanitarian crisis in the Northeast by the ad-hoc committee.

A firm, Rholavision Nigeria Limited, one of the companies indicted by the committee for allegedly benefiting from the alleged inflated contracts awarded by the PINE, is linked to Lawal.

It allegedly got a N230 million contract to clear “invasive plant specie” in Yobe State.

The committee claimed that as of the time the contract was awarded last March, the SGF was still Rheolavision’s director and that he only resigned in September. The SGF has denied any wrongdoing.

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 got a contract to clear grass in 2016.

But Lawal said the Senate was 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, Rholavision 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’t 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.”

The President also wrote a letter declining to prosecute or remove Lawal and urged the senators to withdraw their request that he should sack the SGF. The President’s letter cleared him of the allegation.

But the Sani-led committee brought back the issue with another invitation extended to the SGF.

March 24, 2017
SGF and Senate confraternity

The Senate of the Federal Republic of Nigeria is proving to be the lord of the manor. It seems to have become a lord unto itself. This Nigerian Senate, no doubt, is no respecter of the Nigerian people and, of course, President Muhammadu Buhari. To discerning minds, the Senate has become a confraternity that is working against the interest of the people of Nigeria.

This is the conclusion that a reasonable man will arrive at. Take the case of Ibrahim Magu, the twice rejected Acting Chairman of the Economic and Financial Crimes Commission (EFCC). Magu’s name was submitted to the Senate by the President for confirmation as required by the Constitution. The Senate, acting on a report from the Department of State Security (DSS), rejected Magu’s nomination, citing adverse security report as its reason.

The President, having thoroughly investigated the allegations against Magu, re-submitted his name for confirmation as EFCC Chairman. The Senate, the second time, went ahead and rejected the nomination, regardless of Mr. President’s letter to them, absolving Magu of any wrong doing. Rather, the Senate told Nigerians that the DSS had forwarded another report to it on the March 12, confirming to the Senate that Magu is not fit and proper to be EFCC Chairman. It is noteworthy that the DSS is an agency of government under the Executive.

The second case is that of Hameed Ali, a political appointee and the Comptroller-General of the Customs Service. Ali, an unblemished, Spartan, diligent and incorruptible army officer was asked by the Senate to come and explain a policy that seems not clear to the public. He was, however, directed by the Senate to appear in uniform. Today, the Senate seems to be more interested in seeing Ali in uniform than in the explanation he has to give on the seemingly unclear policy of arresting car owners who did not pay the correct customs duty on their vehicles. As expected of a Senate that is more interested in the form and NOT the substance, Ali was ignominiously walked out of the hallowed chambers of the Senate simply because he did not appear in uniform.

However, legal luminaries and respected legal practitioners have opined that the Comptroller-General of Customs does not need to appear in uniform. According to them, there is no law in the statute book demanding that wearing uniform by the Comptroller-General of Customs, a political appointee and not a serving staff, is a condition precedent to appearing before the Senate.

Apart from this, the Nigerian Senate is more concerned about the uniform and NOT the performance of this honest gentleman who, within a short time, has sanitised the Customs Service by reducing corruption, ineptitude and crass opportunism.

Let us take the third case. I mean the case of David Babachir Lawal, the Secretary to the Government of the Federation (SGF). In a manner suggesting witch-hunt and mischief, the Senate levelled serious allegations against the person and the office of the SGF.  It went further to ask the SGF to resign.

The Senate, it must be noted, did not invite Lawal to come over and state his own side of the story simply because the Senate had made up its mind on what to do. Clearly, the Senate did not give the SGF a fair hearing. After convicting the SGF, the Senate passed a resolution, directing the President to sack the SGF.

President Buhari, a consummate democrat with respect for the rule of law and due process, mandated the Attorney-General and Minister of Justice to investigate the allegations and report back to him. The Attorney-General took his time and painstakingly did a thorough investigation and returned a verdict of not guilty. The President has no reason to doubt the Attorney-General. He, therefore, considered the case closed. The Senate, however, will have none of that. The Senate is now coming full circle. It is coming through the back door to reopen the case simply because they either do not like the face of the SGF or because they have a personal score to settle with him.

It must be noted that the Senate has not accused the SGF of non-performance. It also did not give the SGF a fair hearing because the Senate never asked the SGF to come forward to explain his perceived role in the alleged contract scam. Rather, the Senate went on a vendetta journey, thinking the opportunity has presented itself for them to nail the man whose closeness to Mr. President they do not like.

In all these three cases, it is clear to  discerning minds that the Senate is not interested in making laws that will impact positively on the lives of the people of Nigeria; rather, they are more interested in rubbishing President Buhari. If the truth must be told, the Senate does not seem to like the change mantra of this administration. Rather, the Senate may be more interested in the business -as-usual style of the previous administration.

Let me say it the umpteenth time, that this reopening of the case of the SGF is a very clear case of vendetta, mischief and opposition to the choice of Lawal as SGF.  The Senate is indirectly fighting President Buhari. More than this, the Senate is not interested in the welfare and well-being of Nigerians; rather, it is only interested in settling scores and fighting perceived enemies.

What all these suggest in totality is that the Senate has turned itself into the prosecutor, the judge and a confraternity that is out to frustrate President Buhari.

What is left for these gentlemen to do is to, perhaps, approach Courts of competent jurisdictions to save them from the jaws of the Senate confraternity.

Luckily, the Judiciary is also being sanitised and the new Chief Justice of Nigeria has promised that the Courts will dispense justice without fear or favour, ill-will or affection. There is every reason to believe Justice Onnoghen, a man of impeccable character and a judicial officer of immeasurable experience.

Meanwhile, the SGF should take solace in the fact that he has won in the court of public opinion. This is because Nigerians have seen the truth; and the truth has set him free. Magu and Ali will also be vindicated in the fullness of time.

March 23, 2017
SGF to explain role in Northeast crisis

Secretary to the Government of the Federation (SGF) Babachir David Lawal is to appear before the Senate tomorrow to state his role on the “mounting humanitarian crisis in the Northeast.”
At its sitting on October 4, 2016, the Senate debated a motion, “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 was released to the Presidential Initiative on the Northeast (PINE).
The committee also sought to know how the funds were utilised and investigate the alleged diversion of food items meant for Internally Displaced Persons (IDPs).
The committee held a three-day public hearing between December 6 and 8. Some invited stakeholders did not attend, but in its interim report, the SGF was indicted.

March 22, 2017
Nobody can stop our investigation, Shehu Sani tells APC

Chairman of the Senate adhoc Committee on the humanitarian crisis in the north east Senator Shehu Sani said Tuesday that nobody can stop his committee from completing its investigation of the misappropriation of funds budgeted for internally displaced persons in the region.

Sani who held a two hours meeting with the leadership of the All progressives Congress (APC) told newsmen at the party national secretariat that the final report of his committee will be ready when the senate resume from break, pointing out the committee will continue to carry on with its investigations.

The party leaders told the outspoken Senators that they were not comfortable with members of the party washing their dirty linens in public.

He said the leadership of the party assured him that they were not opposed to the investigations being carried out by his committee, but were not comfortable with his choice of word while speaking on the floor of the senate and asked him to tone down his choice of words.

He said further that his use of deodorant was just a mere a clear definition of the bipolar nature of the anti-corruption crusade going on in the country, adding that “I believe that there is the need for Nigerians to wake up to these realities.”

Sani who said that the party was fully in support of the ongoing investigation by his committee said the leadership of the party also told him that what they are against is members of the party washing their dirty lining in public.

He said: “First, it is good to make clarification. The party did not write to invite me here for a meeting contrary to reports. But with my presence here, we have discussed a number of issues.

The first is the need for unity in the APC caucus and the need for us to refocus ourselves. Since the two groups, the Like Minds and the Unity Forum have fussed to together.

“The second is what transpired after the interim report which I submitted on the floor of the senate. First, I wanted clarification from them whether the party is opposed to the looting of the funds of the Presidential Initiative on the humanitarian crisis in the north east.

“They said the party is not opposed to it. I also ask if the party is opposed to my interim report and they said no and so, I ask what their issues were. They told me that they are worried and concerned each time I fire some grammar in the senate and it shock and rattles them while destroying the solidarity within the party and they want me to slow down on some of these missiles. I told them that it is either my honour or that of the letter that was sent by the Presidency.
“I did not in any way attack the President, but I faulted the letter based on three issues. First, my name was omitted in the letter as Chairman of the Senate adhoc committee. Secondly, the SGF said we didn’t invite him, but we did invite him and thirdly, the letter said there was no quorum.

“I told them that in as much as my comment in deodorant and insecticide was rattling they should have invited the SGF to the senate.

“They said they don’t want us to wash our dirty linings in the public and I told them, that at the end of the day, even if you wash your dirty linings inside the room, you will still have to dry the, outside.

“I made clarifications that they are not opposed to corruption investigations, but they are worried by the missiles I used which are causing a lot of discomfort. I told them I was only using literary expression to send my message.

“I made it clear to them that we are going to do our own report and continue to do it. I am glad that they are not opposed to our investigation and they are also not opposed to the continuation of our investigation.

“I am an activist and my statement is my statement and it is very clear. I think we owe our loyalty to three things. These are our conscience, our conviction and to our country and any other thing can come secondary.

“What we should also know is that if you love a person, you tell him the truth and I believe if we as a government and as a party cannot tell ourselves the truth, then we have lost the moral right and authority to tell others the truth.

“We are investigating the massive misappropriation of funds for IDPs in the north east. Nobody can stop that. We are determined to do our work and have done an interim report and we are going to come out with the full detail after this break and nobody in the party has said he is opposed to it. But I think that their major concern was my grammar.”

On the resolution of the senate asking for the sacking of the SGF, he said: “Sacking the SGF is not about Shehu Sani, but about the resolution of the senate and what they said is binding on me.

If the senate says he should go, I share in that position and if they say he should remain, I share in that position too.

“I didn’t ask to be named chairman of the adhoc committee and did not even know I was going to be in the committee. I was appointed and I have to do my job as it is and once I am done, I am out of it.”

January 31, 2017
Rooting for SGF

Many ministers and cabinet members in the President Muham-madu Buhari administration who seemed to have kept a distance from the Secretary to the Government of the Federation (SGF), Babachir David Lawal since his trouble with the National Assembly started last December, have made a U-turn.

A corruption allegation was leveled against Lawal last month by a subcommittee of the Senate.

The Senate’s ad-hoc Committee on Mounting Humanitarian Crisis in the Northeast had accused Lawal of breaching Nigeria’s law in handling contracts awarded by the Presidential Initiative for the Northeast (PINE).

The committee had claimed that Lawal put himself in a position of conflict of interests, stressing that his firm was awarded over N200 million contract to clear ‘invasive plant specie’ in Yobe State.

Based on the report, the Senate had called for Lawal’s resignation, probe and prosecution. But Lawal had denied the allegations and claimed that he was not given fair hearing by the Senate committee.

To get to the root of the matter, President Buhari immediately directed the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, to investigate the matter and the corrupt allegations against the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.

Since the cabinet members didn’t know where the pendulum will swing to at the end of the day, most of the ministers appeared to be avoiding the SGF like a plague while the accusations and investigations lasted.

But President Buhari last Tuesday cleared Lawal and Magu of the corruption allegations. In separate letters to the Senate, Buhari informed the Senate that the duo have been cleared of the allegations based on the submission of the investigation report by the AGF

On SGF, Buhari said that the Senate report, which was forwarded to him, was lacking substance that is needed to remove Lawal from office.

According to him, the report of the Senate Ad-hoc committee was a minority report, noting that it was only three members of the committee that signed the report.

The President, in the letter, also said that the report being an interim one should not compel the SGF out of office, particularly as serious as SGF office is.

He said: “Having gone through the report which emanated from the Senate, I discover it was an interim one and particularly only three members out of nine signed the report.

“Moreso, Babachir Lawal was not invited by the Senate Ad-hoc Committee which is in tandem with the principle of equity and fair hearing.” He stated

The letter, which was read in the Senate last Tuesday changed the mood of the ministers twenty-four hours later at the Federal Executive Council (FEC) meeting last Wednesday.

Lawal instantly became a centre of attraction prior to the commencement of the FEC meeting. Most of the ministers who had kept a distance from the SGF during the trying period, rushed to greet him. Lawal was standing by his seat in the Council Chamber for over twenty minutes exchanging pleasantries and recounting his experience in the past few weeks with the cabinet members who approached him.

He first had a long discussion with the Minister of State for Agriculture, Heneiken Lokpobiri around 9.40 a.m. Ministers who joined the discussion included Minister of Information, Lai Mohammed, Minister of State for Health, Osagie Ehanire, Minister of Niger Delta Affairs, Usani Usani Uguru. Others included Minister of Power, Works and Housing, Babatunde Fashola, Minister of State for Mines and Steel, Abubakar Bwari Bawa, and Minister of State for Trade and Investment, Aisha Abubakar.

When he moved away from his seat and was walking across the Council Chamber, he was also stopped by other cabinet members who chatted with him.

Those who stopped him on his way included the Minister of Transportation, Rotimi Amaechi, Minister of Budget and National Planning, Udoma Udo Udoma and the Minister of Finance, Kemi Adeosun.

His movement round the chamber was cut short by 10.00 a.m when the Acting President Yemi Osinbajo’s arrival for the meeting was announced. He quickly returned to his seat for the opening National Anthem as other ministers also rushed to their seats.

Osinbajo and FEC meeting

For the third time in a year, Vice President Yemi Osinbajo was on the 19th of January, 2017 elevated to the position of Acting President of the Federal Republic of Nigeria. That became possible as President Muhammadu Buhari proceeded on vacation. Osinbajo had also last February and June assumed the position of Acting President.

Last Wednesday, Osinbajo had the opportunity to preside over the Federal Executive Council (FEC) meeting under his new role. By 10.00 a.m. he was ushered into the Council chamber by one of the aides shouting ‘Acting President’, ‘Acting President’. Even though the FEC meeting was one of the shortest presided over by Osinbajo, the meeting had a substantial number of ministers in attendance. About 25 ministers were already in the Council Chamber when the meeting that lasted for about two hours, commenced. In the past, the attendance when the meeting starts used to be very scanty.

January 31, 2017
Falana to Senate: forward your report on SGF to ICPC

Lagos lawyer Mr. Femi Falana (SAN) yesterday urged the Senate to send its report indicting Secretary to the Government of the Federation (SGF) Babachir David Lawal, for alleged abuse of office, to the Independent Corrupt Practices and Other Offences Commission (ICPC “without any further delay”
In a statement, he said this was necessary “since the findings of the Senate have not been challenged by the federal government.”
Falana said: “With respect, the Presidency made a mistake in asking the Senate to “pardon” the Secretary to the Government of the Federation, Mr. Babachir David Lawal who has not denied the grave allegations of corruption made against him. Unlike Mr. Ibrahim Magu whose nomination is subject to the confirmation of the Senate Mr. Lawal was recommended for removal and prosecution by the Senate. So the Senate cannot ignore or set aside the findings of the Senator Shehu Sanni-led Committee on Mounting Humanitarian Crisis in the North East region.
“However, the criminal diversion of funds earmarked for the provision of relief materials to provide succour for internally displaced people is akin to crimes against humanity.
“Therefore, the former public officers who stole the fund allocated for the purchase of weapons to fight the Boko Haram terrorists and the serving public officers who diverted the fund earmarked for the rehabilitation of internally displaced persons deserve to be prosecuted in like manner by the federal government which has said that there would be no sacred cows in the fight against corruption.
“To that extent any attempt to sweep the serious allegations of corrupt practices involving the Secretary to the Government of the Fedeation, Mr Babachir David Lawal, under the carpet will create a moral crisis for the war against corruption and impunity in the country.”

January 25, 2017
Uproar in Senate over Buhari’s plea for SGF

•Clearing Lawal funeral service for anti-graft campaign, says Sani

There was uproar in the Senate yesterday its President Bukola Saraki read President Muhammadu Buhari’s letter on the Senate’s resolution that Secretary to the Government of the Federation (SGF) Babachir David Lawal, should resign following alleged abuse of office.
Senator Shehu Sani, (Kaduna Central), who said he was shocked that President Buhari could be misled to write such a letters, described it as “the funeral service for anti-corruption fight” in the country.
Senator Sani chaired the ad-hoc committee on “mounting humanitarian crisis in the Northeast”.
The Kaduna Central senator, elected on the platform of All Progressives Congress (APC), noted that Buhari had chosen to fight corruption with “insecticide when it has to do with the Judiciary, National Assembly and the larger society and uses deodorant when it has to do with the Presidency.”
He added: “It is unfortunate that we have a political atmosphere where you have a saintly and angelic Presidency and a devillish and evil society.”
Saraki appeared uncomfortable with the line of defence Sani’s submissions and attempted to cut him short.
There was instantaneous uproar in the chamber as senators across party line, urged Sani to “fire on.”
Saraki retreated and allowed Sani to continue. He explained how his committee arrived at its conclusions and recommendations on the need for Lawal to resign and be prosecuted for alleged abuse of office.
Many senators were also said to have doubted that President Buhari wrote the letter since it was “hurriedly sent to the Senate after President Buhari travelled to the United Kingdome for medical treatment.”
In the letter, President Buhari faulted the Senate for resolving that Lawal should resign and be prosecuted.
The President said due process was not followed before the Senate arrived at its resolution.
Buhari’s letter dated January 17, 2017 absolved Lawal of wrong doing in the handling of funds approved for the care of Internally Displaced Persons (IDPs) reads:
“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 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 the receipt of your letter, I set up 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 been 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 set up 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 only three out of the nine members namely Senator Solomon Adeola, Senator Yahaya Abdullahi, and Senator Isaac M. Alfa
“The signing of the interim report by three out of nine 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 a company linked to him Rollervision Engineering Limited was also not invited at anytime before the committee 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.”
Senator Sani said: “It is shocking to me that such a letter can come from the Presidency with such misinformation and outright distortions.
“They lied by saying that the committee didn’t invite the SGF. The committee invited the SGF and the letter was acknowledged by the Permanent Secretary in the Office of the SGF.
“To make sure that we buttress our point, we made a paid advert in three or four national dailies: This one was published on Dec. 2, 2016 and the SGF is clearly mentioned as one of those that is expected to come and appear before the National Assembly.
“If they have the intention of simply reaching a pre-determined conclusion by covering up on the issues raised by the committee that is one thing.
“Secondly, issues were raised that only three members of the committee signed that interim report, that was also a second lie coming from the Presidency.
“I have a copy of the interim report which was initially signed by seven members of the nine members of that committee and I am going to submit it to the clerk of the Senate.
“Even if it is nine and then three people signed, we still have a quorum, but here I have seven people.
“I will say also that I listened to the list of the names that were read and they omitted the chairman which is myself.
“I know I am not very big in frame but I believe my name shouldn’t have been omitted.
“This shows clearly how the SGF and his minions in the Presidency misinformed the President to sign this letter.
“Secondly I will say this clearly, this letter is a funeral service for the anti-corruption fight.”
At this stage, Saraki tried to stop Sani from continuing.
The Senate President was overwhelmed by protests from senators.
“I stand by the report of that committee and it is very clear to us: if we can allow this committee’s report to be shredded into pieces then I think it would be in order for us to open all the 138 prisons in this country for all the convicts and awaiting trial inmates to go scot free.”
Chairman, Senate Committee on Media and Public Affairs, Aliyu Sabi Abdullahi, told reporters after plenary that the “Senate stands on its resolution on Lawal.”
Abdullahi said Buhari’s letter absolving the SGF did not in any way change the position of the Senate.

January 25, 2017