Senate gives Iyabo Obasanjo ultimatum - May declare her seat vacant - Iyabo gives condition for appearance
Soji-Eze Fagbemi and Lanre Adewole, Abuja
Wednesday, May 14, 2008

THE Senate may have to wield the big stick on Senator Iyabo Obasanjo-Bello with the consequent declaration of her seat vacant if she continues to shun the attendance of proceedings of the upper chamber.


This follows her continuous absence from the Senate sessions since her case with the Economic and Financial Crimes Commission (EFCC) which has charged the Chairman of the Senate Committee on Health to court over her alleged involvement in the N300 million fraud at the Ministry of Health.



The Senate spokesman and chairman of its Committee on Information and Media, Senator Ayogu Eze, disclosed this on Tuesday during the weekly press briefing by the Senate.



Senator Eze, who admitted that Obasanjo-Bello’s case was beyond the jurisdiction of the Senate, the case having already been taken to court for adjudication, said the Senate was, however, worried over the continued absence of the legislator at the proceedings of the House, a development which he said contravened the provisions of the 1999 Constitution.



Senator Eze, who also said that the Senate could not account for her now, stated that the Senate was expected to sit for a minimum of 181 days in a year, and the constitution made it mandatory for a senator to attend two-thirds of that 181 days, failure of which an interested party from her constituency could notify the National Assembly leadership.



Giving details of the procedure, Eze said: “Attendance at sittings of the Senate is voluntary. Every member is subject to the rules and law of Nigeria. The Senate is expected to do a minimum of 181 days in a year and by law, it is also mandatory and a senator is expected to do two-thirds of that 181 to qualify to continue in the chamber.”



According to Senator Eze, “it is not the responsibility of the leadership or members of the Senate to fish around for a senator who is not coming. What happens when a senator is absent for considerable number of times is that an interested party or member of the constituency of the senator concerned notifies the National Assembly leadership or the Senate that well, so and so, and so, so, person has been absent from the Senate for so and so period and I think that constitutionally, his or her membership of the National Assembly has lapsed.



“If the records of her attendance are checked and the person has not attained the constitutional period required for his or her membership to continue, there is no other procedure required except to write to the Independent National Electoral Commission (INEC). The Senate President is expected to write INEC to say that so, so and so person has not met the constitutional requirement, therefore conduct election to fill the vacancy. That is what the law says.”


On the whereabouts of the senator, Ayogu Eze said: “it is not that the Senate at this point in time can account for Iyabo Obasanjo. We cannot account for her because the last time, we told you that once the matter is charged to court, it is beyond the Senate. Now that the matter has been charged to court, it is beyond the Senate.”



In a related development, Senator Obasanjo-Bello on Tuesday gave condition for her reappearance in public, even as an Abuja High Court will tomorrow determine whether she would face trial over alleged indictment in the N300 million fraud in the Ministry of Health.



Senator Obasanjo-Bello went into hiding even before the judicial clearance secured by the Economic and Financial Crimes Commission (EFCC) to arraign her alongside former top officials of the ministry also indicted in the alleged fraudulent sharing of N300 million unspent budgetary allocation.



She also filed an objection to the charge brought against her by the commission, which the court would decide tomorrow.



Moments after yesterday’s proceedings, Iyabo, speaking through her counsel, Mr. Joel Bankole Komolafe, said she would make herself available in court next Monday if the ruling on her quest to quash the charge did not go her way.



Though she has a right of appeal, Iyabo hinted that the ruling of the court would be final on the move by the EFCC to prosecute her for allegedly illegally holding on to N10 million out of the N300 million in question.



Komolafe told journa-lists at the court premises that “if the court rules that she has a case to answer, she will be here (court) on Monday May 19, but if the court says she has no case to answer, then she goes home a free person.”


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