Lagos State Governor Babatunde Fashola (SAN) got a breather of sort yesterday in respect of the probe of allegations of financial impropriety levelled against him.

Justice Habeeb Abiru of an Ikorodu High Court restrained the state House of Assembly from proceeding with the planned probe of the allegations against the governor.

According to the judge, the lawmakers “either by themselves or their agents and privies are restrained from proceeding with or acting on the resolution of January 28, 2010, directing the investigation of allegations of financial impropriety levelled against the governor without the resolution having been first published in its journal or in an official gazette of the state government”.

A group which called itself “The True Face of Lagos” had in an advertorial published in a national newspaper on January 28, 2010 alleged that Fashola engaged in diversion of funds without due approval and indiscriminate award of contracts.
Among others, the group accused the governor of spending N1.5 billion of unappropriated fund on the demolition of Oshodi and jacking up the LASU-Iba Road contract awarded by the former Governor Bola Tinubu government for N6.2 billion to N10 billion less than two weeks after he took over.

Justice Abiru said the setting up of a six-man committee to investigate the allegations against the governor and some members of the House without first publishing the resolution in its journal or gazette was unconstitutional and illegal.
Citing authorities to buttress his submission, the judge said the House breached the provisions of Section 128(1) of the 1999 Constitution in the implementation of its power to direct investigation into financial impropriety levelled against the governor.

He, however, noted that the court would reject the invitation to interpret the provisions of Section 128 (2) (a) and (b) of the constitution, saying to do so would be to remove one of the major checks and balances provided for in the constitution for the enhancement of good governance in the country.

He faulted the action of the House for acting on bare allegations published in the advertorial by a group, which he described as faceless instead of a petition addressed directly to the assembly.
The judge said though the court was not teaching the lawmakers how to do their jobs, it was only raising questions that the members could take into consideration in similar situations in future.

Justice Abiru lambasted the lawmakers, saying their actions in setting up the committee to investigate the allegations amounted to mere wasting of the tax-payers’ money and the time meant to be used for making laws for the good people of Lagos.
He said the setting up of the six-man panel to investigate the allegations against Fashola was a fundamental violation of the principles of natural justice and described the assembly’s move as unconstitutional, unlawful, illegal, malicious and of no effect whatsoever.

Justice Abiru said: “The whole brouhaha leading up to this case was predicated on an advertorial published in the Punch Newspaper of January 28, 2010 by an unidentified and unidentifiable group called ‘The True Face of Lagos’ wherein several allegations of financial impropriety were levelled against the Executive and Legislative arms of the Lagos State government; the advertorial was Exhibit RA 1.

“The group that made the publication was faceless without any known address or location other than email address and no documents were published in the advertorial to support any of the allegations. They were bare allegations and above all the allegations were not contained in a petition addressed directly to the House of Assembly but published advertorial.
“The group, ‘The True Face of Lagos’, had not hitherto been known for or associated with the struggle for good governance and probity in government expenditure in Nigeria.

Yet, the House decided to set up a committee, expending tax payers’ money and the time meant to be used for making laws for the good of the people of Lagos State to investigate the allegations without stating any cogent reason in the House proceeding for that day, why it deemed the allegations important enough to direct that they be investigated.

“Does this mean that if tomorrow another advertorial comes out from another faceless group accusing members of the House of collecting bribes from an agency of government, for example, and shirking in their constitutional responsibilities, another committee will be set up to investigate same? What if another advertorial comes out the next day and another a week thereafter? What then happen to the business of law-making? And it is this that has caused so much unpleasant ripples within the polity. Something definitely is not right.”

A Lagos-based journalist and human rights activist, Mr. Richard Akinnola, had approached the court to stop the state House of Assembly from investigating allegations of financial impropriety levelled against it and the governor.
The lawmakers through their counsel had filed a preliminary objection, stating that Akinnola had no locus standi to institute the suit.

In the advertorial, where it detailed the allegations against Fashola, the True Face of Lagos said: “The helicopter deal was a big fraud – the helicopter was not built for any kind of emergency evacuation, rescue or to even combat fire. Over N5bn has been spent on the two helicopters and the seal of Lagos State is not on it. It is not in Lagos but the Niger Delta making money for some private people in government.

“The BRF government recklessly increased and paid over 60 per cent increase on the LASU-IBA Road awarded by the Bola Tinubu government for N6.2bn, but was jacked up to N10b less than two weeks after BRF came on board.
“Also, the Tinubu administration awarded the construction of City Hall for N2.3bn. BRF only changed the floor tiles to marble tiles and increased the contract sum to N5.2bn. The project was increased by 126 per cent.”

Meanwhile, the group has since come out to publicly own up to making the allegations.
The Leader of the group, Mr. Adebayo Adeshina, led Dr. Tunde George and Mr. Kasali Martins to the assembly last month, where he said the governor should be investigated over the allegations.

Adeshina, who addressed the lawmakers on behalf of the group, however, absolved the state assembly members of any financial impropriety, saying the group erred by accusing them of taking a bribe of N20 million each without confirming the allegation.


http://www.thisdayonline.com/nview.php?id=168805

Na only God fit save us 4 dis 9ja.Well i won't make any comment until it is prove dat BRF(which i believe to be a good man) did all these?

He faulted the action of the House for acting on bare allegations published in the advertorial by a group, which he described as faceless instead of a petition addressed directly to the assembly.
The judge said though the court was not teaching the lawmakers how to do their jobs, it was only raising questions that the members could take into consideration in similar situations in future.

Justice Abiru lambasted the lawmakers, saying their actions in setting up the committee to investigate the allegations amounted to mere wasting of the tax-payers’ money and the time meant to be used for making laws for the good people of Lagos.
He said the setting up of the six-man panel to investigate the allegations against Fashola was a fundamental violation of the principles of natural justice and described the assembly’s move as unconstitutional, unlawful, illegal, malicious and of no effect whatsoever.

Justice Abiru said: “The whole brouhaha leading up to this case was predicated on an advertorial published in the Punch Newspaper of January 28, 2010 by an unidentified and unidentifiable group called ‘The True Face of Lagos’ wherein several allegations of financial impropriety were levelled against the Executive and Legislative arms of the Lagos State government; the advertorial was Exhibit RA 1.

“The group that made the publication was faceless without any known address or location other than email address and no documents were published in the advertorial to support any of the allegations. They were bare allegations and above all the allegations were not contained in a petition addressed directly to the House of Assembly but published advertorial.
“The group, ‘The True Face of Lagos’, had not hitherto been known for or associated with the struggle for good governance and probity in government expenditure in Nigeria.

Yet, the House decided to set up a committee, expending tax payers’ money and the time meant to be used for making laws for the good of the people of Lagos State to investigate the allegations without stating any cogent reason in the House proceeding for that day, why it deemed the allegations important enough to direct that they be investigated.

“Does this mean that if tomorrow another advertorial comes out from another faceless group accusing members of the House of collecting bribes from an agency of government, for example, and shirking in their constitutional responsibilities, another committee will be set up to investigate same? What if another advertorial comes out the next day and another a week thereafter? What then happen to the business of law-making? And it is this that has caused so much unpleasant ripples within the polity. Something definitely is not right

This is the same argument I've been making, the judge must have photocopied my brain,


God bless is heart. The lawmakers are not only shamelessly stupid, they themselves need to be impeached for abuse of power/office.

Makes me feel lousy that these clowns are my elected officials.

justice impeded by technicality! a struggle between forms and substance. justice will still prevail!

babapupa:


This is the same argument I've been making, the judge must have photocopied my brain,


God bless is heart. The lawmakers are not only shamelessly silly, they themselves need to be impeached for abuse of power/office.

Makes me feel lousy that these clowns are my elected officials.

the issue here is one of accountability. BRF is not immune from prosecution for corruption, if found guilty, then he should be punished. besides the anti-BRF group have substantive evidence.

Kay 17:

justice impeded by technicality! a struggle between forms and substance. justice will still prevail!the issue here is one of accountability. BRF is not immune from prosecution for corruption, if found guilty, then h besides, he should be punished. besides the anti-BRF group have substantive evidence.

I really don't mind discussing these issues with you, but you have other issues beyond Lagos state. Your arguments are always borderline retarded.

Borderline retarded? Negative, he is suffering from d highest order of selective amnesia!

I think all these BRF haters acting all priggish need more than Jesus in their lives, TINUBU & Ikuforiji cant save them!

abeg make una leave this guy alone

This is the problem with Nigerians, when those who wants to work are being labeled criminals, how then do you want others with "not so dirty" heart come to save this country?

It is just unfortuneta the way we react to situations in this country. When we hear or read from tabloids that an individual is accused of stealing public fund or others, we quickly jump into believing that it is true. Here, l am not and will never support embezzlement, misappropriation or stealing public funds, i want to add that for now, things like that will still continue to happen not when WE directly or indirectly kept celebrating thieves just because of what we are going to eat in a day just the way Esau sold his birth right because of porridge.

What i am saying in essence is that even if he sreals all these money, at least he works which we all see unlike so many other governors that spends and still spending money without seeing what they are buying or constructing for the people, l rest my case for now.

It is just unfortunate the way we react to situations in this country. When we hear or read from tabloids that an individual is accused of stealing public fund or others, we quickly jump into believing that it is true. Here, l am not and will never support embezzlement, misappropriation or stealing public funds, i want to add that for now, things like that will still continue to happen until WE stop directly or indirectly kept celebrate thieves just because of what we are going to eat in a day just the way Esau sold his birth right because of porridge.

What i am saying in essence is that even if he steals all these money, at least he works which we all see unlike so many other governors that spends and still spending money without seeing what they are buying or constructing for the people, l rest my case for now.

All you fashola fanatics, if his hands are clean then the probe will only serve to prove it, pomp and plain! How does the probe hinder his so-called work?
At least he works? That's the dumbest thing i've heard. So armed robbers are free to rob as long as they have a day job they do diligently?? When will your mentality change? When will you start to demand 100 percent transparency from your leaders? Because it is only in asking that you receive,

It is obvious that this Fashola is a latent crook.
Why is he using the judiciary to block an investigation of his government's financial activities? Unfortunately, some people are defending the undemocratic actions of someone who called himself the leader of a state.
Anyway, this is one of the things that separates Anambra state governor from all these rogue politicians.

Metal gong

U are d pusillanimous doofus that cant lead a meaningful protest against d judiciary, infact anybody with an IQ of a dog or swine should know dat Justice Abiru's judgement was FAULTLESS!

a qualified tax-payer on failure to fulifill his obligation is punished, why can't BRF be impeached for corruption if he is found guilty?

Dr Kitaun:

Metal gong

U are d pusillanimous doofus that cant lead a meaningful protest against d judiciary, infact anybody with an IQ of a dog or swine should know dat Justice Abiru's judgement was FAULTLESS!

You are a dunce! ike ezi.

Fashola should clear his name or at least allow EFCC to do so. We don't want anything to get in the way of his VP ticket with Donald Duke.

n this issue, i must concur with the Judgment, you cannot start an investigative process on a mere newspaper publication by a faceless group. Also i do not think the National assembly can just initiate investigative procedures without a report from an investigative body, like EFCC, Code of conduct Bureau or Police to act on. The State Assembly is not an investigative body and cannot truly investigate crimes - financial or otherwise.

If really the faceless group has anything against the Lagos state governor, they know where to direct their petitions. The court cannot stop EFCC and others from investigating a valid petition.

I suspect this is the handiwork of Tinubu, i am sure they cannot bring in the EfCC into the matter, as the investigation would certainly get out of control and implicate the Godfather himself. So they decided to use the House of assembly which can produce a carefully doctored investigation.

Having said that, i have not absolve Fashola from the allegations, not pronounce him culpable. But i think for political expediency, he should address the allegations giving us his own facts and figures. This would shame the Tinubu or is it PDP "detractors"

SapeleGuy:

Fashola should clear his name or at least allow EFCC to do so. We don't want anything to get in the way of his VP ticket with Donald Duke.

The dude wont allow EFCC or any financial crime body to investigate him because he knows that the allegations againt him are true.
Why is he using the judiciary to block an investigation by his party memebers? I wonder what he could have done if he was the governor of Anambra state where all the house of assembly members are from the opposition party-PDP.
AS for him being a V.P candidate, he is already a loser.

metal-gong:

The dude wont allow EFCC or any financial crime body to investigate him because he knows that the allegations againt him are true.
Why is he using the judiciary to block an investigation by his party memebers? I wonder what he could have done if he was the governor of Anambra state where all the house of assembly members are from the opposition party-PDP.
AS for him being a V.P candidate, he is already a loser.

you are beginning to show your true color and ambition, you guys want Lagos to remain in the shallow of poverty like before but God won't allow that happen.