₦airaland Forum

It is likely the Senate will this week remove from the Presidency the authority to sack any one on the Economic and Financial Crimes Commission (EFCC).[/color]
Instead, a two-thirds majority of the Senate would be required to remove the chairman or any member of the body, a source on the Senate Committee on the amendment of the EFCC Act disclosed at the weekend in Abuja.

A total 16 Sections in the Act are slated for amendment.

They are 3 (2); 3 (3); 2 (1) (f); 2 (1) (g); 2 (1) (i); 2 (1) (j); 2 (1) (k); 2 (1) (o); 6; 6 (h); 6 (n); 15 (1); 15 (2); 15 (3); 39 (2) (c); and 43.

The existing Section 3 (2) says "a member of the Commission may at any time be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the Commission or the interest of the public that the member should continue in office."

Section 3 (3) states that "a member of the Commission may resign his membership by notice in writing addressed to the President, and that member shall, on the date of the receipt of the notice by the President, cease to be a member."

The Senate may veto the amendments if President Olusegun Obasanjo does not assent to them[color=#990000].

Two weeks ago, the Upper House mandated a committee, led by Lawal Shuaibu, to probe the EFCC’s list which indicted politicians.

It was also asked to recommend amendments to the EFCC Act 2004, so as to take the agency away from the clutches of Aso Rock.[/color]
It was learnt that two major amendments have been proposed to Sections 3 (2) and 3 (3).

Said the source: "It was an oversight on the part of the Senate in drafting and approving the EFCC Act. We didn’t focus on Section 3 (2, 3). Part of the amendment is primarily about the power of sacking or not sacking the chairman or members of the Commission. We have proposed to the Senate that we take cognisance of the fact that it requires the Senate’s consent to endorse the appointment of the chairman and members of the EFCC.

"Secondly, we have proposed that any dismissal of the chairman or a member of the EFCC must be done with the approval of two-thirds of the Senate. The second amendment is that even where the President wants to sack either the chairman or any member, the reason must be explicitly stated to the Senate, otherwise, it is an exercise in futility. [color=#990000]

"Another amendment is that instead of an annual report to be submitted to the Senate, we are now demanding for two reports in a year. This would give the EFCC more confidence to do its work.[/color]

"That portion of the EFCC Act is like the proverbial underbelly of the crocodile. We feel that the President would exploit that Section, and if you notice the trend in Africa, most bosses tend to sack those who do not dance to their tune. Essentially, the amendments are meant to guarantee the independence of the EFCC." [color=#990000]

Meanwhile, the Progressive Peoples Alliance (PPA) has praised the Senate panel’s report that an indictment by the EFCC does not prevent a person from seeking an elective position.

The panel, also headed by Shuiabu, stated in its report that judicial interpretation of the full intent of Section 137 (i) of the Constitution be sought, and where such indictment has been challenged before a court, the candidate should be eligible to contest in an election, until otherwise ruled by the court.

PPA National Publicity Secretary, S. Akerele, said the Senate’s observation that "the situation in which the triple actions of indictment, conviction, and disqualification of candidates are being done by the executive raises serious doubts about the true intent of the framers of the Constitution, and it’s healthy for democracy.

"Otherwise, one day Nigeria will wake up to discover that one arm of government and one person has usurped the powers of the three arms of government[color=#990000][/color]."

A good politician under democracy is quite as unthinkable as an honest burglar,  Ordinarily this is every Journalist's dream, an encounter with his/her nation's President, for us it was no different.

Personally my emotions were mixed but I tried the best I could to keep it under control and do the best that my job requires of me, only days before this interview, was the ceremonial naming of my second child, my mother-in-law had suggested that I add Aremu to the boy's name, and one can only imagine the look on my face, even before I could object my wife said "mommy, if for nothing but Obasanjo, my husband wont agree".

Well with this kind of feeling, the rest is better imagined.

General Olusegun, Aremu Matthew Okikiola Obasanjo of Owu, the most humble arrogant President of Nigeria, most populous black nation, dictator-democrat extra-ordinary was a delightful experience and the next 32 minutes tells the story of Nigeria from one man's eyes,

The interview was supposed to be for an hour, we had broken it into, the economy, fight on corruption, his battle with his vice, PDP, Reform programme, and more as time could permit but the man fondly called Baba lost it. Prince Charles Dickson, Saa Abdul and Al-Amin Beckley asked the following questions. We stood for the masses

NIGERIANS: Mr. President thank you for granting us this interview and we hope that you will not take offense at questions that we will be putting before you sir.

Obasanjo: If you ask a stupid question, you will get a stupid answer

NIGERIANS: Sir, we shall remain civil to both you and the office of Mr. President

Obasanjo: Alright then

NIGERIANS: Sir, looking back, come May 29 by God's grace you will be leaving, what do you see as your legacy, achievements, what do want to remembered for?

Obasanjo: (Cuts In) Nigerians would judge that but if you must insist, I would ask you, are you not in Nigeria. I want to be remembered as the President that fought corruption, that got Nigerians debt relief, I improved the telecommunications sector.

A lot of turn around can be seen in every facet of Nigerian life, the problem is just that Nigerians are difficult people very hard to please. On May 29 I have promised, I swore an oath to the constitution that I shall leave, only that I must secure that legacy by making sure that some people do not come and spoil it. That is all I will do but anyone that says I wont leave is only making mischief.

NIGERIANS: Sir quoting you, you do not want anyone to spoil your legacy, anybody in particular, ?

Obasanjo: Yes, all those that are corrupt, whatever shade, I will make sure that they do not smell Aso Rock, and asking me anyone in particular is like asking me if I am still the President. Someone like Atiku would never be President, through magic maybe a Buhari but first you should know that there is really nothing like magic and the PDP will not loose the coming elections, we have done enough to merit re-election. Infact someone like Atiku can be regarded as one of my regrets in office, here is a man I trusted and , one day we will talk, not all these childish exchanges.

NIGERIANS: Sir, you government has the reputation of many unresolved issues

Obasanjo: Which one, what are you people talking about

NIGERIANS: Nigerians have not forgotten Okija shrine, in which it was alleged your name was on, the Makunjuola scandal in defense, your library fundraising and, Bola Ige

Obasanjo: (Cuts in annoyance) It is your fathers that had their names on which list, I did not kill Ige, if the Police had done their job, am I Makunjuola,

NIGERIANS: Sir

Obasanjo: Do not sir me, let me warn you all, (pauses)

Interview continues, 

NIGERIANS: When exactly did you find out that Atiku was corrupt, and despite all the attempts to remove him, he has floored your government in several court cases, 

Obasanjo: (Cuts In) Which court, which court are you talking about, I have said that Lawyers are part of those sabotaging our fight against corruption, I did not find out that he was corrupt, he was investigated and found to be corrupt. Look Mr. Man, Dickson or whatever you are called. It is there everyone knows it; we just do not want to face it.

NIGERIANS: Mr. President a lot of Nigerians disagree with your present reform, and most of your achievements, they say it has not affected their lives positively.

Obasanjo: Patience and sacrifice are strange words to the ordinary Nigerians; most of the programmes that I have embarked upon in this administration may not yield fruit until years from now.

Go and look at the developed nations, they paid the price, we just want to benefit without any sacrifice, look at what my girl Dora has done in the drug manufacturing, you cannot deny her or this administration the kudos, but it did not happen in one day. Apart from some crooks that hide under immunity as Governors, go back to your village and tell me that there is no difference.

Nigerians are happy I tell you that, Nigerians are, my government has fared well, PDP as a party has bettered Nigeria.

NIGERIANS: If you had started the present reforms in 1999, maybe Nigerians would have appreciated or understood, rather a waste of your first term,

Obasanjo : (frowns) did you say waste, one day Nigerians would understand and thank me

NIGERIANS: Sir, this maybe sensitive but we require an answer, are you corrupt, what are the real circumstances that led to your emergence, and on that finally are you punishing Atiku because of his betrayal in 2003.

Obasanjo: Atiku is not my problem, he is not an issue, and he has never been one, why would I want to revenge, which of you is Christian.

NIGERIANS: We represent Nigerians of various creed and religion,

Obasanjo: That you cannot even answer, look vengeance is the Lords, Nigerians voted me, they asked me to provide leadership and that I have been doing since 1999. I am not and have not been corrupt. Is like asking me that do I have up to a million, look as President of this blessed nation I would be lying if I say that at least I am not a millionaire, because I am, but I have not stolen any of it, I have earned it, I have worked for it.

NIGERIANS: So sir, you have made money as President, sir have you abused your office

Obasanjo: You want me to say yes, or no, I am not a thief like some politicians or leaders and I have not abused my office, I am not Atiku, I may not be perfect

NIGERIANS: Why are you particular about Atiku?

Obasanjo: (Mr. President refused to answer)

NIGERIANS: It is on record that your administration embarked on some fruitless assignments which many see as a waste of funds like the reform conference, Oputa panel and many which the reports were not used.

Obasanjo: I am not out to please Nigerians; I did not waste any money

NIGERIANS: Mr. President, many people have questioned the quality of your associates, the likes of Andy Uba, Adedibu, Chris Uba, Ibrahim Mantu

Obasanjo: What about, which quality, when did you people become friend choosers, what is wrong with these men, men of integrity, what crime have they committed, Nigerians are good at talking rubbish

NIGERIANS: You will leave in May 29

Obasanjo: Yes, I will leave, I will leave, but truthfully I would have loved to stay, let me ask you, any of you married, .

NIGERIANS: Yes,

Obasanjo: Would you like to leave your wife or husband?

NIGERIANS: No, but sir,

Obasanjo: That is it, no but

NIGERIANS: Meaning there was truth in the third term agenda

Obasanjo: I never was in support,

NIGERIANS: But your body language, sir you never came out to,

Obasanjo: To what, which body, is the body not mine?

NIGERIANS: You promised a lot and it is on record that you have delivered little; the energy sector is in shambles,

Obasanjo: (Annoyance) What are you talking about, do you know the problem we inherited, do you know the effort this administration has put in, building power stations, power base, the privatization of NEPA, sometimes you all are just ignorant of the issues.

NIGERIANS: But it is the truth sir,

Obasanjo: Which truth, where did you get you truth from, journalists, you are the people that heat up the polity with your useless and baseless reporting.

NIGERIANS: Sir, that is not true, we are not the ones responsible for the improper conduct of your lieutenants, your Governors, Ministers or are we,

Obasanjo: So what is the truth, where were you in 1976, in 1960, what do you know about the truth,

NIGERIANS: If we do not know the truth, what is the truth, Mr. President, your government has pumped in Billions into the energy sector and no results?

Obasanjo: That is your own assessment, my government has done well, full stop.

NIGERIANS: Sir, I beg to say that this is part of your attitude in handling Nigeria, which has caused more problems than solution.

Obasanjo: Which problem,

NIGERIANS: The problem in PDP, your fight with your vice and others?

Obasanjo: There is no problem in PDP, all the so-called AC, CC or whatever they call themselves are just in a dance of shame, these are a corrupt bunch and I can tell you that they will face the law.

NIGERIANS: Are you using Mallam Ribadu, I mean the EFCC, is it a tool in the hands of the Presidency

Obasanjo: Using him to do what, for what am I using Ribadu, he is doing a wonderful job

NIGERIANS: Sir, most people believe that the PDP's Presidential candidate, Governor Umar Yaradua is a stooge for you, we do not expect you to confirm that, but sir the process that led to his emergence was less than transparent.

Obasanjo: Were you there, what more could have been a transparent primary, that day, which is why I say that you guys are the cause of the nation's problems. The electorates will decide come April but I assure that PDP will carry the day.

NIGERIANS: Sir, in military camaraderie one would expect that an IBB candidature or Gusua would have been your choice, some speculated that you had even asked Buhari to come on board, 

Obasanjo: (Cuts In) I am a democrat, I did not manipulate anything

NIGERIANS: You do not trust these men, They may send you back to jail

Obasanjo: (Throws the recorder at Beckley, then grabs Saa's neck, )

Mr. President had to be restrained by security personnel, only Almighty Allah knows how it would have ended, in the adjourning room we had Ahmadu Ali, Senator Mantu, Madueke, Bode George, Governors of Benue, Taraba, and Delta States, the hangers on, that one would expect at a Presidential Campaign train.

From the little that Obasanjo said a lot could be deduced, it is not in my place to say because this was a dream, but on a personal note Mr. President could have been better but he allowed himself pass an opportunity to be a Napoleon, he simply threw away the chance meeting of greatness for the frivolities of selfishness, personal vendetta, surrounded himself with questionable characters.

Obasanjo is one lesson too many, whether Buhari or Yaradua or by miracle, we see the emergence of a Chris Okotie, or intellectuals come solidly behind Pat Utomi, there are lessons to learn from the book "how not to be an Obasanjo" and its sequel, "the rise, fall and fall of a man called Atiku".

Our leaders continue to fail us but more importantly we have continued to fail ourselves. When opportunity for reactionary non-violent change comes along we watch it slip by our hands and we continue to cry wolf where only yesterday rats existed.

"There are no magic answers, no miraculous methods to overcome the problems we face, just the familiar ones: honest search for understanding, education, organization, action that raises the cost of state violence for its perpetrators or that lays the basis for institutional change -- and the kind of commitment that will persist despite the temptations of disillusionment, despite many failures and only limited successes, inspired by the hope of a brighter future.

" Words of Noam Chomsky. Obasanjo, the story of Nigeria, Is there hope, this was an encounter, could it have been any different, could our story of nationhood been any different. The next President of Nigeria beware, Nigerians beware, Almighty give us the grace to face an unknown tomorrow.

This is in spite of abundant documentary evidence that Globalcom paid for its license before the PTDF invested money in ETB. “The Senate committee has confirmed Globacom’s claims that there is no evidence of any transaction between ETB and Globacom. “What does this say about the investigative competence of EFCC? “What does this say of EFCC’s sense of fairness and equity when it is realised that Otunba Mike Adenuga, chairman of Globacom had been arrested, detained and harassed out of the country and made a fugitive in the last three months by the conduct of Ribadu? “And unjustly too in pursuit of vendetta because he refused to support the Third Term project on principle!

“That the Marine Float Account should be independently investigated by the relevant organs of government especially the Independent Corrupt Practices and Other Related Offences Commission (ICPC) since the initial investigation by the EFCC has generated controversy,” the report noted. The above two conclusions could have been satisfactory, but for the very clear admission by the committee in one of the clauses: “No PTDF funds were traced directly to the said account. It was at best a second line beneficiary of the PTDF funds.”

A preliminary perusal of the Senate Report on the PTDF excites both commendation and questions. There are grey areas which the full Senate has to delve into. A parliamentary committee report, when laid before the chamber, still has no life. The circulation and debate of the report is the next stage. The report can either be killed or confirmed by the Senate in full session. There could be amendments here and there and much more importantly, lobbying and counter-lobbying will determine what will eventually happen to the report.

A very commendable aspect of the report is the deserved clearance given to Otunba Mike Adenuga, the Bill Gates of our time. The report exonerated Globacom, the leader in Africa’s telecommunications industry. This is clearly justice delivered without fear or favour and with an eye on the need to build Nigeria as the leading nation, not only in black Africa, but across the entire continent.

Before going into the facts and figures, Senator Ndoma Egba (SAN) and his men acted courageously. The assignment is the most sensitive in recent legislative history. That such report emanated from a committee largely peopled by pro-presidency senators is a measure of the leadership sagacity of Senator Egba. The very delicate nature of the task, however, prevented the committee from being more forthcoming on its findings. While it takes courage to indict both the president and the vice president, it is also unsatisfactory that the committee dodged delving into some areas which could have further sanitised the polity.

The summary of the recommendations revealed that PTDF was badly managed both by the president and his deputy. This was partly due to agency’s enabling Act which removes its financial operations from the oversight and supervisory responsibilities of the National Assembly. This was addressed by the committee. Now the unanswered questions. The committee probed the MOFAS Account and indicted Otunba Johnson Fasawe on it. Curiously it refused to look into the Marine Float Account, claiming that it falls outside its jurisdiction.

“That the Marine Float Account should be independently investigated by the relevant organs of government especially the Independent Corrupt Practices and Other Related Offences Commission (ICPC) since the initial investigation by the EFCC has generated controversy,” the report noted. The above two conclusions could have been satisfactory, but for the very clear admission by the committee in one of the clauses: “No PTDF funds were traced directly to the said account. It was at best a second line beneficiary of the PTDF funds.”

Many will ask why the committee is interested only in the primary and not the secondary beneficiaries. Passing the buck to other agencies is unnecessary especially as the committee has displayed courage in probing one out of the two controversial accounts. There may be accusations of partisanship on this account. The second question is what has happened to Umar Pariya, the Vice-President’s personal assistant. He is left off the hook. But mischievous observers may read in between the lines by concluding that Pariya was not included so that the personal assistant to Mr. President could also be excluded.

The crux of the matter has to do with lodgements in two banks allegedly owned by friends of the vice-president’s friend. Based on the report, the said banks gave out loans to individuals and companies known to be friends of both the Vice-President and the President. The beneficiaries defaulted, but the loans are now restructured. “Though the loans have since been restructured with the acquisition of Trans International Bank (TIB) by Spring Bank, the loans cannot, however, be recovered outside the restructured framework without endangering the financial health of the bank“, the report read.

Many questions will trail the above deductions. Who approves the loans given out by the banks? What is the gap in date between the lodgement of the PTDF money and the time the bank gave out the loans? Was any of the said money lodged in Abubakar’s account? The Senate in session will probe all these. The other issue has to do with the areas affecting Mr. President. If PTDF funds were spent on projects the agency was not set up to fund, that qualifies also for abuse of office.

The committee also failed to probe those projects to see whether corruption manifests for which the approving authority should be held liable. The committee’s very mild wording of its recommendation on the President is a measure of its respect for the office of the President. May be that should have been extended to the entire presidency.

More questions are likely to be raised during the Senate deliberations on the report. The debate is likely to be very partisan and confrontational. When the question is put by Senate President Ken Nnamani, many hope it will not be like the handling of the last constitutional amendment report.

A preliminary perusal of the Senate Report on the PTDF excites both commendation and questions. There are grey areas which the full Senate has to delve into. A parliamentary committee report, when laid before the chamber, still has no life. The circulation and debate of the report is the next stage. The report can either be killed or confirmed by the Senate in full session. There could be amendments here and there and much more importantly, lobbying and counter-lobbying will determine what will eventually happen to the report.

A very commendable aspect of the report is the deserved clearance given to Otunba Mike Adenuga, the Bill Gates of our time. The report exonerated Globacom, the leader in Africa’s telecommunications industry. This is clearly justice delivered without fear or favour and with an eye on the need to build Nigeria as the leading nation, not only in black Africa, but across the entire continent.

Of course, we have conveniently forgotten that Adenuga has been seeking refuge in
his country this past months.

THE Senate’s committee on the Petroleum Technology Development Fund (PTDF) which submitted its report on Tuesday cleared Otunba Mike Adenuga and Globacom due to the transparency of operations of his many businesses, the Nigerian Tribune has reliably gathered.


Nigerian Tribune gathered from the committee members and the full Senate that the business activities of Adenuga were so well known to them that they possessed detailed information of how the business mogul laboured to build his thriving empire.


It was learnt that at the committee’s closed door meetings, members agreed on only the innocence of Adenuga in the scandal while bickering on the level of involvement of others. Most senators who are not members of the committee are reported to have also revealed that both Globacom and the business mogul are product of clean business transactions.


The release by a bank in Paris, France, giving details of how it helped Globacom to secure its operating licence contrary to the allegations of the Economic and Financial Crimes Commission (EFCC) was reported to be the last evidence needed to clear Adenuga.


Aside considering Adenuga’s antecedents, the report also showed that most members of the upper chamber disapproved of any action capable of disrupting the operations of Globacom. The telecoms giant is seen as the pride of the nation, employing thousands of Nigerians and providing first class telecoms services.


The clearance of Adenuga is reported to be enjoying overwhelming support of the senators with reports indicating that when eventually the report is put to vote, many will endorse the clearance of the Globacom boss.


In its report submitted to the Senate yesterday, the Senate committee had cleared Adenuga and Globacom, stating that after five months of investigations, it could neither establish any connection between Adenuga and PTDF nor between the Fund and Globacom.


The development has proved false claims by the EFCC that Adenuga and his company were involved in the mismanagement of PTDF money. With the verdict, both Adenuga and Globacom have been absolved of any wrongdoing in the alleged mismanagement of PTDF fund. The report has also debunked the stand of the EFCC that part of PTDF money was used to pay the licence fee of Globacom.

The committee submitted that though PTDF placed funds with Equitorial Trust Bank (ETB) in which Adenuga has interest, contrary to EFCC report that PTDF funds were used to pay for Globacom’s GSM licence, “there was no evidence of any lending relationship between ETB and Globacom.”


The committee also established that Dr. Adenuga is only a shareholder of ETB and that it could not “establish any link between PTDF and himself.”

Although both Globacom and Adenuga had consistently maintained their innocence of accusations by the EFCC of involvement in the mismanagement of the PTDF funds, the commission had continued to harass and vilify the business mogul even when there was no evidence to suggest any wrongdoing on his part or that of the companies in which he has interest including ETB and Globacom.


The Senate report also lends credence to public belief that the linking of Dr. Adenuga and his companies with the PTDF scandal was a witch-hunt because of his friendship with Vice President Atiku Abubakar and former president, Ibrahim Babangida.


Adenuga has always maintained that as a Nigerian, he was at liberty to associate with fellow Nigerians, including the two, as enunciated in the constitution of the Federal Republic and that he has friends scattered all over the country.


It will be recalled that the EFCC on a number of occasions broke into the home of Dr. Adenuga and his companies all in an effort to establish a case against him.