ABUJA, June 23, (THEWILL) – In a bid to quash all the charges levelled against him in the N38 loan saga by the Economic and Financial Crimes Commission (EFCC), the former Speaker of the House of Representatives, Rt. Hon. Dimeji Bankole has filed an application before an Abuja High Court citing the provisions of the Legislative Houses (Powers and Privileges) Act and the National Assembly Service Commission Act, which he said strips the courts of jurisdiction to try him or any head of the Legislative arm of government for any actions executed while exercising his powers as House Speaker.

In view of the application, Bankole who maintained that the EFCC has no clear evidence against him to substantiate the charges in the case has also urged the court to order the EFCC and its Chairman Farida Waziri to publicly tender an apology to him for what he called public humiliation, denial of personal liberty, unlawful detention and discomfort to his person and family since Sunday 5th June, 2011.

Puncturing all the allegations against him, Bankole in the application filed through his lead counsel, Chief Adegboyega Awomolo SAN, said the[b] Economic and Financial Crimes Commission was persecuting him, adding that the commission had neither statutory nor constitutional power[/b] to issue authority to a private prosecutor, to prosecute offences created by or under the Penal Code Act in any court of law, without the FIAT of the Attorney-General of the Federation first being sought and obtained and usage of the powers as a vindictive weapon against the him.

Bankole urged the court to issue an order[b] condemning the EFCC for abuse of court process, malicious and reckless use of prosecutorial power of the Attorney-General of the Federation when it had no power or authority[/b] to appropriate the constitutional powers of Attorney-General.

“The commission knew the position of the law but used it as a vindictive weapon to destroy the applicants’ political career,” the filing said.

The former Speaker maintained that no court has jurisdiction to try the Speaker of the House of Representatives or subject him to jurisdiction in all matters which related to, connected with and arose from any exercise of[b] his official functions[/b].

He argued that in the exercise of his duties in matters relating to his Office as Speaker of the House of Representative, he could not be prosecuted for the acts, decisions and resolutions of the House of Representatives, taken at its Executive or Committee sessions because the[b] principle of vicarious liability was unknown to criminal law in Nigeria[/b].

Bankole said the EFCC was ignorant of the workings of the House of Representatives saying it is a pity that the commission does not understand the criminal laws it was supposed to enforce claiming that neither he (Bankole) or any principal staff officers of the House was a signatory to the accounts at UBA or First Bank Plc which the EFCC has accused him and his erstwhile deputy of using to obtain unauthorized loans and misappropriating same.

Bankole noted that Mr. Mohammed Ataba Sani Omolori, listed by the EFCC as the 3rd Prosecution Witness was the Clerk of the House at the time the alleged crimes were committed.

“The clerk of House of Representatives is the Chief Administrative Officer of the House, the Chief legislative officer of the House and the Accounting Officer of the House,” Bankole stated.

He added that, “All contracts awarded by the House which were less than N50 million were approved and given effect by the Management Committee under the Chairmanship of the Clerk of the House. All contracts and finances requiring over N50 million were recommended by the management committee to the House Committee and the Committee of principal officers under his chairmanship and when approved, it was given effect to by the management under the control of the clerk of the House of Representatives.

“In March 2010, the House of Representatives at its Executive Session resolved to enhance the running cost of all the 360 members, except the Speaker/Deputy Speaker.

“The House of Representatives at the Executive session formed a 37-man Committee which reviewed the package of the running cost and it was presented to the House at an Executive Session where it was approved.

“It was the Accounting Officer of the House of Representatives who advised that the short fall in fund be met by loans to be taken from a commercial bank to meet the funds required.

“The loans were negotiated by the management of the House of Representative and the disbursement was effected by the same management of the House of Representatives into the accounts of all the 360 members.

“There is no evidence that the money received as loan was the property of the Federal Government of Nigeria. It was at best the money of the House of Representatives. The persons entitled to it were the 360 members less the 1st and 2nd accused (referring to himself and his deputy Usman Nafada). All the persons who were entitled to the money got it. So where is the theft coming from?” he asked.

Recall that the EFCC had charged Bankole and his deputy Usman Nafada with various charges of fraud and mismanagement of House funds. They are currently free on bail.

Sources:
1.  http://thewillnigeria.com/politics/8930-N38B-Court-Can-Try---Bankole-Demands-Apology-From-Farida.html
2.  http://www.independentngonline.com/DailyIndependent/Article.aspx?id=36089
3.  My Trial Unconstitutional, Says Bankole
4.  N9b contracts: Bankole begs court to stop trial

Bankole has a point, a fair court would set him free. You may disagree with his method or believe the acts were not performed in good faith, but the fact remains that the house voted and passed legislation which necessitated the loans. There is nothing fraudulent about obtaining a loan to fund NASS activities as a temporary measure.

The jokers should find real crimes to prosecute. Awon olodo. They should be going after the alleged $1billion found in one of Bankole's proxy accounts. They are all nothing but a bunch of barawos.

Interesting!

All u need to read is the following.

“There is no evidence that the money received as loan was the property of the Federal Government of Nigeria. It was at best the money of the House of Representatives. The persons entitled to it were the 360 members less the 1st and 2nd accused (referring to himself and his deputy Usman Nafada). All the persons who were entitled to the money got it. So where is the theft coming from?” he asked.

Enough said - "not the property of the Federal Government of Nigeria", but at best the "money of the House of Representatives"

Nigeria is moving beyond redemption!!!

Bankole was the speaker, and it doesnt make sense that he should be punished for approving what the majority of the house desires. Infact he could not have declined, because that is the idea of the assembly. The problem is with us Nigerians, we elect wrong people into the house of assembly, people with little or no intelligence, people who only go there for the sake of their pocket, their children, grand children and great grand children. Of all of them Bankole seem (cant vouch for a Nigerian politician, but this was a general opinion when he took office) to be the only responsible personality that fits that chamber. Unfortunately, our systems says that he has to uphold what the remaining (I dont know what to call them again) says. And they always want more money, because that is the only reason they are there. We need to fix our system and not the person who by virtue of ill luck has to uphold the ills. Something must happen!

Of all of them Bankole seem (cant vouch for a Nigerian politician, but this was a general opinion when he took office) to be the only responsible personality that fits that chamber.

If it was contrary, he would have gone the way of his predecessors, Etteh and co.

Great excuse mate. The only problem is BANKOLE WAS THE ONE WHO WAS SUPPOSED TO FIX THE SYSTEM. How about that?

bay77:

Bankole was the speaker, and it doesnt make sense that he should be punished for approving what the majority of the house desires. Infact he could not have declined, because that is the idea of the assembly. The problem is with us Nigerians, we elect wrong people into the house of assembly, people with little or no intelligence, people who only go there for the sake of their pocket, their children, grand children and great grand children. Of all of them Bankole seem (cant vouch for a Nigerian politician, but this was a general opinion when he took office) to be the only responsible personality that fits that chamber. Unfortunately, our systems says that he has to uphold what the remaining (I dont know what to call them again) says. And they always want more money, because that is the only reason they are there. We need to fix our system and not the person who by virtue of ill luck has to uphold the ills. Something must happen!

koruji:

Great excuse mate. The only problem is BANKOLE WAS THE ONE WHO WAS SUPPOSED TO FIX THE SYSTEM. How about that?

True. And that is the problem, the people we elect are to fix the problem. Take a look at the assemblies (upper and lower) do they look like people who can fix anything? Sure they cant fix their homes. It is not their fault, we saw them like that before we voted for them.

Hmmm. This is getting more interesting

I figured he was just a crook, but it is starting to look that if he is guilty then so is everyone in the house of reps.

Getting good people into that house or into any political office in Nigeria will be tasking, it may not be happening in the next 50 years. Take a look at the schemes for 2015 already, we are not ready for a change or any transformation.

ekt_bear:

I figured he was just a crook, but it is starting to look that if he is guilty then so is everyone in the house of reps.

Even if he wasnt, what can you do in the mist of 100% thieves. Note the 100%!

koruji:

Great excuse mate. The only problem is BANKOLE WAS THE ONE WHO WAS SUPPOSED TO FIX THE SYSTEM. How about that?

Think again. It's called democracy. Any attempt by Bankole to fix the problem singlehandedly would get him impeached with a 'believable excuse' by the other lawmakers. Taking a second look, Bankole did the best he could to minimise the ills of the House without getting impeached. That is why there are so many unprecedented allegations against him by the greediest members of the House. If it was business as usual, no Reps member would make a sound. Case in point - Senate.

Except he can be proven that Bankole did either of the following, he would be walking away free
i. Took the loan without any House resolution.
ii. Did NOT apply the loan to its stated purpose.
iii. Got some of the proceeds from the loan, outside of the mandate of the House resolution.


I also find it very interesting that EFCC listed the Actual Person that the law they are prosecuting Bankole under listed as the responsible party as a witness The law was clear about the Public Procurement act, it is the Chief administrative Officer that the secuons was referring to. Or would we be arresting the President for every inflated contract in evry Ministry?

koruji:

Great excuse mate. The only problem is BANKOLE WAS THE ONE WHO WAS SUPPOSED TO FIX THE SYSTEM. How about that?

I thought the PRESIDENT was the one we elected to FIX THE SYSTEM. Bankole was elected by fellow members to LEAD them! Don't get things mixed up mate.

Bankole is a joker!

If he was part of a house resolution that approves that all emoluments of the legislators (including "Running Cost of members" should vary beyond what was approved by RMAFC, then he presided over an illegality, breached the constitution, abused his office and therefore culpable under the Penal Act.

How does he think he can also escape the Peugeot cars scam where there are incontrovertible evidences shown by Dino Melaye (also available to the EFCC) that there were payments by Peugeot of his share of the loot to his account??

Bankole may walk free, and if he does, it won't be because there are no grounds for his prosecution. Rather, it will be because some people have decided to look the other way as is the case with many of such cases in Nigeria.

bay77:

Bankole was the speaker, and it doesnt make sense that he should be punished for approving what the majority of the house desires. Infact he could not have declined, because that is the idea of the assembly. The problem is with us Nigerians, we elect wrong people into the house of assembly, people with little or no intelligence, people who only go there for the sake of their pocket, their children, grand children and great grand children. Of all of them Bankole seem (cant vouch for a Nigerian politician, but this was a general opinion when he took office) to be the only responsible personality that fits that chamber. Unfortunately, our systems says that he has to uphold what the remaining (I dont know what to call them again) says. And they always want more money, because that is the only reason they are there. We need to fix our system and not the person who by virtue of ill luck has to uphold the ills. Something must happen!

Go and study the prosecution of Bode George and others. Was Bode George the head of NPA Tender's Board that split contracts in breach of due process and contract procedures of the Ministry of Transportation? Was he not convicted for approving an illegality even when he feigned ignorance??

Again, Bankole is a joker!!!!

ndu_chucks:

Bankole has a point, a fair court would set him free. You may disagree with his method or believe the acts were not performed in good faith, but the fact remains that the house voted and passed legislation which necessitated the loans. There is nothing fraudulent about obtaining a loan to fund NASS activities as a temporary measure.

The jokers should find real crimes to prosecute. Awon olodo. They should be going after the alleged $1billion found in one of Bankole's proxy accounts. They are all nothing but a bunch of barawos.

No, he doesn't have a point. Check this line in the write-up:

“It was the Accounting Officer of the House of Representatives who advised that the short fall in fund be met by loans to be taken from a commercial bank to meet the funds required"

Note the use of the word advised. The Admin Officer did not approve the taking of the loan. He only advised. Bankole and his so called committee gave authority to the taking of the loan to fund an illegality. The Admin Officer on his own could not have gone to the Bank to take the loan. Besides, the Bank would always require a resolution of the house committee as a condition precedent to drawdown on the loan.

In essence one of such things that must be fixed is that the speaker should focus on legislative matters and not serve as CEO and CFO of the house. But is that really how it is right now? That is fundamentally too much of power for one person unless it is a one man business.

If we continue with a system where some people can just allocate money for themselves as they wish there will always be a problem.

X factoria has said it all

Could it be that the presidency never knew about the loan until it got in to the news? If that is the case, then we dont have a working presidency.

Could it be that the presidency knew of it but couldnt do anything within legal limits to stop it? If that is the case, does it mean that there were no other legal means to stop it? Which would mean that as at that time the activities of the speaker was legitimate. I am sure there were several sittings at the house to get them to approve the loan and the reasons for the loan, and no one can tell me that all of this happened behind close doors until now!

Please let us talk about the way forward. i.e. preventing such scenarios in the future because for now, reasonably the actions were taken with the bounds of what we have as a legal system and codes of conduct. That may be a flaw, though.

Na dem know o

X-factoria:

Bankole is a joker!

If he was part of a house resolution that approves that all emoluments of the legislators (including "Running Cost of members" should vary beyond what was approved by RMAFC, then he presided over an illegality, breached the constitution, abused his office and therefore culpable under the Penal Act.

How does he think he can also escape the Peugeot cars scam where there are[b] incontrovertible evidences shown by Dino Melaye[/b] (also available to the EFCC) that there were payments by Peugeot of his share of the[b] loot to his account??[/b]

Bankole may walk free, and if he does, it won't be because there are no grounds for his prosecution. Rather, it will be because some people have decided to[b] look the other way[/b] as is the case with many of such cases in Nigeria.

First, Bode George's case is a totally different case.  It has NOTHING to do with legislative matters or House Resolutions.  So don't equate it with this case.

Regarding the increase in allowances, it was a collective House Resolution by the House of Reps.  The Speaker doesn't make decisions on his own.  He cannot reject a House Resolution.  He only did his job as the Speaker NOT individually as Dimeji Bankole.  If EFCC is eager to prosecute, they should prosecute the House of Reps as an entity not Bankole.  You say they broke the law, so how come the President signed the increase in allowances into law in the 2011 budget even after the allegations were already in the open?

Concerning the Peugeot scam, why don't you wait for EFCC to charge him for that before you draw your conclusions.  Given the desperation of detractors to show Bankole is a looter, how come they are yet to publicise the evidence of payments into Bankole's accounts?  Indeed, if they have this proof, the car scam would be the first EFCC would employ!  There are always 2 sides to a story.  Please read:

1. How I escaped N2.4bn car scandal – Bankole
2. N2.3bn car scandal: How Rep offered me N1m to blackmail Bankole –Activist

If Bankole walks free, it is because there is no case against him or there is no evidence to support the numerous allegations against him.

Mozzhann:

Na dem know o

Please this matters to every Nigerian. There is not point having EFCC and all anti-corruption nonsense as it is right now if basic structure of checks and balances dont exist, in the absense of such, everything becomes normal and no one can be punished for "percieved abnormality", I guess this works fine for 99.99% of Nigerians.

Haha, the Oracles were right, the President is back from his US visit.

violent:

Haha, the Oracles were right, the President is back from his US visit.

Hence the case against Bankole will now rest. The whole world for now knows that the president is tough on corruption contrary to Obasanjo's claims. LOL.

1. How I escaped N2.4bn car scandal – Bankole
2. N2.3bn car scandal: How Rep offered me N1m to blackmail Bankole –Activist

I think I need education before I crucify Bankole, but if that article was re-election propaganda then good for him he still lost.

I will like to understand the legal basis that allows a Legislative arm to obtain a loan (that bares interest) beyond the allocations due to the arm.

Where does payment of the interest comes from? Who will be paying the interest?

So basically, the house can vote for $50m yacht and a Hampshire flat for each member and the Speaker can borrow money and go and buy and say "he did nothing wrong"?

bay77:

Could it be that the presidency never knew about the loan until it got in to the news? If that is the case, then we dont have a working presidency.

Could it be that the presidency knew of it but couldnt do anything within legal limits to stop it? If that is the case, does it mean that there were no other legal means to stop it? Which would mean that as at that time the activities of the speaker was legitimate. I am sure there were several sittings at the house to get them to approve the loan and the reasons for the loan, and no one can tell me that all of this happened behind close doors until now!

Please let us talk about the way forward. i.e. preventing such scenarios in the future because for now, reasonably the actions were taken with the bounds of what we have as a legal system and codes of conduct. That may be a flaw, though.

Actually, the loan allegations got into the news on May 11, 2011.  The[b] President signed the 2011  budget into law[/b] along with the increased allowances on May 27, 2011.  Hence, the President is also complicit in the approval of the increase in Reps allowances despite the fact that the allegation had already become public knowledge.

Sagamite:

I will like to understand the legal basis that allows a Legislative arm to obtain a loan (that bares interest) beyond the allocations due to the arm.

So basically, the house can vote for $50m yacht and a Hampshire flat for each member and the Speaker can borrow money and go and buy and say "he did nothing wrong"?

Funny enough in Nigeria, that is how I guess it is for as long as the house voted for it. We should scrap the whole legislature nonsense.

bioye:

Think again. It's called democracy. Any attempt by Bankole to fix the problem singlehandedly would get him impeached with a 'believable excuse' by the other lawmakers. Taking a second look, Bankole did the best he could to minimise the ills of the House without getting impeached. That is why there are so many unprecedented allegations against him by the greediest members of the House. If it was business as usual, no Reps member would make a sound. Case in point - Senate.

So basically he did what was harmful to public funds to save his self interest and that makes him not culpable?

bay77:

Funny enough in Nigeria, that is how I guess it is for as long as the house voted for it. We should scrap the whole legislature nonsense.

I don't think it is likely that is how it is. I would be surprised. Surely there is something in the constitution to stop such except it is written by mooorons.