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Politics / Re: El-Rufai Arrested By SSS Over "Inciting Claims" by bioye(m): 10:13am On Jul 05, 2011
wegga:

It is a widely known truth that there is corruption in the civil service, but who is suppossed to prevent this? I'll tell you; The higher ups, the 'lawmakers' are there as a check to make sure that there are rules\laws that ensure everyone 'behaves' themselves, but they're to busy 'enjoying' their posh homes and fast cars to bother with their 'real' jobs!!!! moreover, when our leaders are eating in the millions why wouldn't he common man hustle for the thousands!!!!!

I don't think you know what you are saying. There are already enough laws to prosecute corrupt civil servants. It's up to the government, EFCC, and ICPC to shine the light on these folks. But rather they prefer to focus on political oppositions. Hence the biggest thieves go free and people like El-Rufai who have engendered unprecedented development are hounded. Besides, Bankole as Speaker was very active in the fight against corruption. Under Bankole, the House of Reps carried out the power probe, ensured return of over a trillion naira of unspent funds from ministrieds and exposed trillions of unremitted funds by government agencies. Bankole was also very vocal about the level of corruption among civil servants and the fact that NNPC has no record of oil revenue for 40 years!

However, instead of the government following up on these cues, they ended up arresting him simply because he failed to back the President's candidate for Speaker. Lawmakers are not the problem of this country. In fact, they are one of the least corrupt bodies in this country.
Politics / Re: El-Rufai Arrested By SSS Over "Inciting Claims" by bioye(m): 9:28am On Jul 05, 2011
^
wegga:

If El Rufai is ever to be detained or arraigned in court, it should be after same has been done to EVERY single one of our 'lawmakers' and their ilk,
It's interesting how everyone keeps taking a shot at lawmakers as if they are the only ones that handle public funds.
Remember, everyone in public office should be answerable to the people most especially the civil servants who might be the most corrupt and yet are the least bothered.
Politics / Re: El-Rufai Arrested By SSS Over "Inciting Claims" by bioye(m): 1:19pm On Jul 04, 2011
It is a grave political mistake for the SSS under Jonathan to arrest or question El-Rufai for his newspaper column publication. And the reason the SSS gave is so untenable.

The actions and inactions of the Jonathan government in the first few weeks of this administration is quite distressing:

1. EFCC arrests Bankole because of his support for new Speaker Tambuwal
2. SSS arrests El-Rufai because of his criticism of Government spending
3. Jonathan returns lacklustre old breed ministers to cabinet
4. Increase in fuel price from N65 to N120 looms
5. Security agencies continually fail to respond to rising spate of bombings in the country
6. Jonathan in maiden speech as re-elected presidents states that 4 years is not enough for him to perform (we hear rumours of a 7-year single-term plan)

The sad thing is that this man has overwhelming support but has chosen unwisely to take the wrong steps. The way it's going, the President's followers will soon begin to see through the veil that they have used to cover their eyes. Well, I hope this man lasts 4 years without impeachment. And I doubt he'll do a 2nd term even if he concludes this first.
Politics / Efcc Lacks Capacity To Investigate - Adoke (Attorney General of the Federation) by bioye(m): 6:22pm On Jul 01, 2011
EFCC, ICPC Lack Capacity to Investigate - Adoke

allAfrica.com/Daily Trust

Abdul-Rahman Abubakar 1 July 2011

The Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other Related Offences Commission (ICPC) lack the capacity to conduct comprehensive investigation on fraudulent activities, former Justice Minister and Attorney General of the Federation, Mohammed Bello Adoke (SAN), said yesterday.

Speaking during Senate confirmation hearing for ministerial nominees, Adoke said the agencies lacked the professional expertise to conduct investigations and often arraigned suspects even before gathering enough evidence to prosecute them.

"Most of our anti-corruption agencies lack the capacity to conduct investigation. It is because we are too much in hurry to prosecute people. We do too much trial on the pages of newspapers and disgrace people even before evidence is compiled," he said.

Adoke said as Attorney General, government could not prosecute several high profile cases of corruption due to lack of sufficient evidence to get favourable judgment against those involved.

"Like in the case of Kenny Martins, there was no sufficient evidence; it was just that some people wanted to prosecute him because of differences in opinion. Notwithstanding the fact that they asked us to withdraw this case, we refused to withdraw the case and allowed it to go the whole hug in court and the case was dismissed for want of evidence. So it is not true that I withdrew the case of Kenny Martins.

"In the case of the Vaswani brother, as far back as 2009 there had been a judgment of the court to the effect that the deportation of the Vaswani brothers was wrongful and illegal," he said.

The former Chief Law officer of the country said some high profile Nigerians have been prosecuted erroneously and disgraced but were later found to be innocent of the allegations.

Source:http://allafrica.com/stories/201107010922.html
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 3:27pm On Jun 25, 2011
ndu_chucks:

Your statement that the 6th House of Representatives broke the law by increasing allowances for 358 of the 360 members of House of Representatives can be easily debunked in court. Let's take a quick look at section 84 fo the constitution:

84. (1) There shall be paid to the holders of the offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the National Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.

According to the constitution, the National Assembly has the constitutional duty to prescribe salaries and remuneration of members of the House of Representatives. The duties of RMAFC, is to set a limit which the NASS should not exceed. RMAFC does not have the authority to increase or decrease allowances or other remunerations.

Based on what is reported in this case, Bankole and NASS did not spend more than the limit established by RMAFC.  (1)NASS voted to increase allowances - a constitutional act (2)NASS did not pay its members a penny over the limit established by RMAFC (from government funds/budget)  -  RMAFC has no authority whatsoever on how the said loan proceeds were spent by Bankole and others.

EFCC goofed here, I'm sorry to say that Bankole and the 6th House of Reps have perpetrated one of the biggest 419 in history. These people deserve to be shot, if I may quote Sanusi.

Ha! Your argument is quite logical. But I hesitate to accept it as sacrosanct. If you were to suggest an amendment to correct this loophole in the constitution, what would it be?

Also, what you are inadvertently saying in conclusion is that ONLY after the Presidency signs the budget and disburses the allowances (for last year and this year) to the House while exceeding the limit set by RMAFC does it becomes a crime. And the criminal by law here would be the Presidency and the Presidency alone?

If the legislators have not broken the law, why should they be shot? Because they were morally wrong though legally right? That is where I would ultimately disagree with you.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 2:04pm On Jun 25, 2011
oyb:

Meeen NL is big business o

see as our politicians all have mouthpieces on nl
Mr. wise, how smart of you to figure that out. Oya, run. Come and collect your trophy!
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 1:03pm On Jun 25, 2011
ndu_chucks:

@bioye, I appreciate your effort to tell the other side of the story.  Would you be willing to proclaim, with the same amount of vigor, that the action of the legislators including bankole in this case is morally reprehensible, even if 'legal'? Would you sir, be willing to admit that the said action by the legislators and Bankole is morally equivalent to theft, albeit 'legal'?
Actually, as far as I know, the 6th House of Representatives broke the law by increasing allowances for 358 of the 360 members of House of Representatives.  This is because according to the constitution, only RMAFC is empowered by law to do so.  This collective action is morally wrong and illegal.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 11:50am On Jun 25, 2011
WisdomV:

not many people can stand by this type of truth, it is courageous. Allowing people to call you names and all of that, attacking you left right and center. it doesnt matter what your rship is with the accused for as long as you are not misinforming the forum your opinion matters and we are all ears.

My brother, thanks for the encouragement. You are far too kind.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 9:43am On Jun 25, 2011
Donlittle:

is like u knw something, that we all dont know, cause the way u defend, this guy on Nland, is becoming suspicious, please enlighten us, are u related to him, your his boyfriend?? or your just being loyal and saying the truth?? no abuse intended.  undecided undecided undecided undecided undecided

They say: the truth is bitterSome people out there don't want us to know the whole truth.  All I do is state facts that are already in the public domain.  Everybody is rushing to believe Bankole stole N40bn, Bankole has $1bn dollars in his account and so on?  Is that the truth?  Have we been fair to this young man?  Nigerians deserve to know the 2 sides of the storyWe should stand for truth, justice, fairness, and the rule of law at all times.  If I don't do this, my conscience will not let me rest. 

Please, listen to your conscience.  Or is there something within you that is discouraging you from accepting the truth?  Don't be afraid.  You can say it.  Nairalanders are willing to help you.
Politics / Efcc Is Persecuting Bankole Because Of Tambuwal: Rep Aliyu Sani Madaki by bioye(m): 8:15am On Jun 25, 2011
Nigeria: EFCC is Persecuting Bankole Because of Tambuwal

Turaki A. Hassan
21 June 2011

Interview


Rep Aliyu Sani Madaki (PDP, Kano State) in this interview with out National Assembly correspondent, speaks on reasons the PDP members of the House defied the party and voted Tambuwal as Speaker. He also speaks on the fight against corruption in Nigeria and other issues. Excerpts:

As a newly elected member, what is your vision for the House and your constituency in the next four years?

My main vision for joining politics even before I became a member of the House is to be able to impact on the life of Nigerians and to see that we put competence ahead of any other consideration. This country has been lagging behind for long and my own belief is that our major problem is leadership. If we are able to put the right people in the right places I believe Nigeria will move forward. I joined politics because I have this zeal and desire to see that Nigeria progresses in such a way that a Nigerian will go to any other part of the world and be respected as a Nigerian. We have the resources; we have the manpower and the capability. Nigerians go to other countries and do excel so will they excel here at home.

Do you have specific bills you intend to sponsor in the House within the next four years?

Before I joined politics I sat down and did what I call introspection about myself and what I think I can do for my people if I get elected. I discovered we are lagging behind in education in so many areas in states like Kano which is the most populous state in Nigeria. If you go around, you will see young people roaming around and don't go to school so we have to change the mindset of their parents that these children should go to school so that those who are not employed will be engaged. There was this issue of export processing zone which was to be established in Kano but for one reason or the other it never came to be. So I intend to bring a motion in the House and with the support of my colleagues I believe it will pass through so that our people in Kano will be able to produce their goods and export them. It will generate employment for the people.

There is also the issue of Inland Container Depot which was proposed by the government of former President Olusegun Obasanjo but for political reasons it did not see the light of the day. So I will bring a bill that will establish it in Kano. It was conceived in such a way that when you bring goods from other countries to the Lagos port because of the congestion there these goods will be transported to Kano by train in the containers and the people from neighbouring states will come to Kano to clear their goods. This will also generate employment and boost economic activities of the state. The reason why we don't have peace in this country is because the people who are supposed to be employed are jobless. If we do these things I think it will help.

You were one of the members who played prominent role in the emergence of Aminu Waziri Tambuwal as Speaker. Why did you defy the PDP and voted for him?

As you are aware our party, the PDP, had zoned it to the South West and adopted Hon. Mulikat Adeola-Akande. I came to National Assembly in order to promote competence and the same thing applies to most of us. So we were looking for somebody with ability and who can change the image of the House. The National Assembly has integrity problem with the Nigerian people. There is this belief by most people that we are self-centred; that we are only concerned with our allowances. So when we came in we wanted to change this mind set and the best way to do it was to elect a competent person as our Speaker and it is our strong belief that Tambuwal embodies these qualities. We thank God that we have him as our Speaker and it is our prayer that he will not disappoint us.

And everybody saw his humility when he went to the party and apologised to them. It may sound absurd but it was the right thing to do. He said he didn't do it to disrespect them but to answer the call by his colleagues who asked him to come out and contest.

Are you satisfied with the fight against corruption by the various anti-graft agencies we have in Nigeria?

To be very honest I must admit corruption is very endemic and the problem we have with fighting corruption is that we are doing it the wrong way. When you want to fight corruption you should fight corruption. There is a case going on which I wouldn't want to talk about. The agencies don't fight you simply because you are corrupt but they go after you when you have gone against certain interests of the government in power and unfortunately that is what is happening and that is why the anti-corruption agencies we have, especially the EFCC, is not respected by the vast majority of Nigerians.

Until that is done we cannot fight corruption. You should fight every corrupt person; not just those who are not in good terms with the government. You should do it in accordance with what the law says not just trying to be clever by half. The best way to address this is to make the anti-corruption agencies truly independent. For as long as the heads of these agencies are appointed or selected by one single individual and fired by one single individual he/she cannot be an unbiased umpire. The method of appointment should be in such a way that he will not be partisan. The way it is now from my understanding the heads of these agencies are partisan.

Will you consider amendment to the EFCC Act?

When we met with EFCC chairman, Mrs. Farida Waziri, I asked her this but she declined to answer so that is something we definitely have to look into.

There is belief among some Nigerians that former Speaker Dimeji Bankole is being persecuted for his alleged support for Tambuwal. Do you subscribe to this school of thought?

Unfortunately the answer is yes. Most of us in the National Assembly and most Nigerians believe that former Speaker Bankole is being treated the way he is being treated simply because he assisted Aminu Tambuwal in becoming the Speaker of the House of Representatives and that is why I earlier said you do not fight corruption that way. When you fight corruption, you should fight corruption in such a way that every discerning Nigerian will agree that you are fighting corruption.

But if you start fighting corruption because this man is an enemy of my friend, I do not believe Tambuwal is the enemy of anybody. The way I see Tambuwal, he is somebody who can work very well for the interest of the nation. He is very humble. He is not coming to rock the boat.

I believe we should fight corruption by fighting corruption. Not fight corruption by being corrupt ourselves because when you fight somebody just because he assisted somebody and you take him to court, you are not fighting corruption. Believe me, you are helping to strengthen corruption and that is the issue.


Source:allAfrica.com/Daily Trust - EFCC is Persecuting Bankole Because of Tambuwal
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 7:58am On Jun 25, 2011
Sagamite:

1) I think it is the responsibility of the speaker to guide what can be discussed and if he does not and then approves decision on what should have not been discussed that leads to financial loss for the state and financial gain for him and his fellow thieves, then he is culpable.

2) Even if the legislathieves vote money for themselves, it is Bank-Ole that decided to go to a bank to borrow at a loss to the state. I will need to know whether it is within his powers to be borrowing money (even if the decision of the house qualifies for "any question"wink.

It is clear he approved the milking of Nigeria by legislathieves and he benefited the most! We need to know whether his approval is illegal or was executed (by borrowing) illegally.

Unfortunately, the Deputy [/b]Speaker [b]Nafada presided on that day because Speaker Bankole was away for an event in Ibadan. FOOD FOR THOUGHT: How come the decision was taken on a day Bankole was not present?
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 7:48pm On Jun 24, 2011
Sagamite:

You still have not explained what "any question" is.

Surely if the legislative arm decides to vote whether to Soludo to death for the 5 bank's crisis, it is the responsibility of Bank-Ole to say that is not a matter or "any question" for the legislative and he would not approve it.

So what is "any question" and how come the legislathieves led by a Bank-Ole be voting money to themselves?

Oga Sagamite, I did not write the constitution but to the best of my understanding, 'any question' means any decision the House decides to deliberate upon. My point is that if they decide to commit a crime collectively, the Speaker cannot stop them. His is to acknowledge their decision. He doesn't even possess the power to approve or deny. However, if the law finds that the lawmakers have broken the law, the House should be sued collectively and not the Speaker who did his job according to the law by presiding over the House!
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 7:39pm On Jun 24, 2011
Ileke-IdI:

Bankole is right, like someone said.

The reason why EFCC arent on the billions found in Bankole's acct is because that money was shared amongst out politicians. To arrest Bankole for that crime, many of them will also be charged.

Which billions were found in Bankole's account?  Are you quoting the false Saharareporters report that has since been refuted and has not been backed by any evidence whatsoever?  You need to ensure that your comments are based on facts and truths and not lies sold to you deceitfully as news.

Sources:
1.  [url=http://www.huhuonline.com/index.php?option=com_content&view=article&id=3063%3Abankole-1bn-domiciliary-account-with-uba-a-sahara-reporters-goof&catid=103%3Amore-news&Itemid=348]Bankole $1bn Domiciliary Account with UBA: A Sahara Reporters Goof![/url]
2.  The True Story: Of ‘EFCC Discovers $1 billion In Speaker Bankole’s Proxy Account
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 7:25pm On Jun 24, 2011
X-factoria:

Factored into the budget under which expense head Or was it stated as "borrowings - to pay increased allowance"??

You see, that is where the criminality lies. They must have concealed it under one frivolous expense. That in itself is criminal and Bankole is busy making mouth that he can't be convicted!!

Are you sure you don't have a personal issue with Bankole here?  Even you have cited multiple times that[b] Bankole was absent at the 'executive session' where that decision was taken[/b].  You know it was a decision of the House.  And Bankole did not benefit from the increase.  And[b] he could not have stopped the decision[/b].  So, why are you so desperate on Bankole in particular being the scape goat?  

You know the truth that Bankole did not embezzle N40bn and yet you choose to mislead people with false information.  WHY?
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 7:12pm On Jun 24, 2011
X-factoria:

I am not in a contest, so victory or defeat does not arise. However, I disagree with Bioye's interpretation or definition of executive session. As rightly put by Wikipedia and also succinthly put by (http://legacy.c-span.org/guide/congress/glossary/execsesh.htm), It is a closed or secret floor or committee session. I highlighted the latter part of that definition because that is what is applicable in the case at hand.

Bankole for whatever reason and many members of the house were not at the meeting. It was not an all-comers meeting. It was a meeting of a block of house members which I presumed to be Principal Officers. As some papers reported it correctly:

"The executive session of that day was presided over by Deputy Speaker Nafada. It was, nonetheless, a decision of the whole House, which meant the speaker was also included".

The part in bold suggested clearly that it was not the whole house meeting but the decision was binding on the whole house. Note the word nonetheless.

bioye's assertion that the fact that it was a closed door meeting is what makes it executive session is not correct. An executive session cannot have all members in attendance but only those that matters. Period!

Bankole was away for an engagement in University of Ibadan at the time thence the Deputy Speaker presided over all sessions for that day including Plenary and Executive.  Also, it is[b] impossible for all members to be present at any sitting[/b] be it plenary or executive session.  Are you saying when the President presents the budget to the House in an Executive Session, only principal officers are present? Of course NOT!

However, the jury is still out on whether an executive session is only for principal officers or all members present.  Meanwhile, note that a committee meeting is not an executive session as products of committee meetings are at best recommendations and not resolutions.  Well,I guess only a Nigerian Legislator can define an executive session beyond reasonable doubt from experience.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 6:38pm On Jun 24, 2011
WisdomV:

Where is the rest of the money that is not 38B naira. What of others? Is Bankole being tried for bad judgement or corruption?

Actually the 358  members (Speaker and Deputy not included) each collected N14m additional allowance per quarter for the last 2 quarters of 2010 totalling N28m per member. N28m multiplied by 358 is N10,024,000,000.00 (N10bn and N24m).

The alleged loans are:

1. N5,485,050,000.00 - August 2010* (Recurrent Expenditure) - UBA overdraft that was repaid when CBN released allocations for that month.
2. N6,000,000,000.00 - October 2010 - borrowed from UBA as part of N10bn allowance increase.
3. N4,054,000,000.00 - November 2010 -  borrowed from UBA as part of N10bn allowance increase

4. N10,380,000,000.00 - January 2011* - double reporting by EFCC.  The clerk included the N10.3bn in the budget at this time.
5. N12,000,000,000.00 - May 2011 - borrowed from First Bank with interest after UBA refused to release the House's allocation for May to cover the loan.

all amounting to: 37,919,252,000 (N37.9bn).

Right now, it's safe to say the House of Reps owes only N12bn (First Bank) while the other loans have been repaid.  This N12bn loan is factored into the 2011 budget and has been signed by the President.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 5:26pm On Jun 24, 2011
Toaskarity:

is that monthly or yearly? i cant get it?

The money is quarterly. The allowances are used to run their[b] constituency offices and covers accommodation, vehicle loan, furniture, wardrobe, vehicle maintenance, entertainment, recess, constituency, personal assistants, domestic staff, utility, severance, newspaper, and house maintenance.
[/b]
At present, each member of the House of Representatives is entitled to[b] quarterly allowances of about N42 million[/b], while that of the senators is reportedly about N60 million.

On the other hand, a member of the House is on annual basic salary of N1,985,212.50; while each senator [/b]takes an annual basic salary of [b]N2,026,400.00.

Source:Banks ply incoming lawmakers with loan offers
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 5:17pm On Jun 24, 2011
X-factoria:

Bioye, I insist you need to be schooled. See the bolded phrase in excerpt from the article you refeered me to and tell me what it means:

Fresh facts which emerged at the weekend concerning the N10billion loan scandal in the House of Reresentatives that just ended its tenure suggest that the sourcing which resulted in the present situation was the product of an executive session where members insisted on enhancing their allowances.

-------

The new running cost that was approved by the executive session of March 30, 2010, is as follows:

Speaker, N100m

Deputy Speaker, N80m

-------

The executive session of that day was presided over by Deputy Speaker Nafada. It was, nonetheless, a decision of the whole House, which meant the speaker was also included.


X-Factoria!  Stop imisinforming people!

The bone of contention here is Executive Session abi?  What does it mean?!  Executive Session is a House session where all proceedings are closed door, secret, and unrecorded.  No minutes are taken. There is NOTHING that says only principal officers attend.  All members attend and decisions are made based on simple majority.  The only difference between Executive Session and  Plenary is the secrecy.  Source: Executive session.

Meanwhile, from the article, you confirm that the House was presided over by Nafada not even Bankole and yet you insist Bankole is responsible for the actions of the House.

Meanwhile, though Bankole's quarterly allowance is N100m and Nafada's is N80m, this was the allowance before they became the presiding officers and it remained unchanged after the increase in allowances.  Hence, their allowances were 100% legal and was not determined by them.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 2:41pm On Jun 24, 2011
X-factoria:

We are talking about management of the house finances here not constitutional matters. The Principal Officers decide on management matters. Get the difference please.

That is NOT true.  For the increase in allowances, after the House Resolution was made, a 37-man committee of members from all states and FCT was set up to look into the implementation.  The committee made a[b] recommendation and the House adopted[/b] it.  No special role was played by the principal officers in this matter.  This information is in the public domain as provided in the following link:
How Reps Shared Controversial N10 Billion

If you have any information or public references to back your claim or refute mine, kindly share them.  Chikena.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 2:15pm On Jun 24, 2011
X-factoria:

From what Bankole is saying, they are the same case. The highest management decision making body in the NPA is its board of directors which Bode George once chaired. The highest management decision making body in the House of Reps is a committe of its principal officers which Bankole also chaired nomenclature notwithstanding. The clerk of the House of Reps and other staff of the House execute decisions taken by Bankole and co and they also serve advisory roles as Bankole himself reiterated. Bankole did not say that the clerk took any of the decisions.

Who says he couldn't reject a house resolution that is inconsistent with the law? Do you know what that Mase means? The speaker and other principal officers carries the authority and the responsibility of the House. Why do you think their renumerations are different if they are just ordinary House members? You need to be [b]schooled [/b]on why there are offices for principal officers in the first place.

Then on the President signing the budget after the house loan scam became public knowledge, I am not sure if it was disclosed as house borrowing to be repaid. But be that as it may, I tend to agree with you that it is inexcusable for the President having pre-knowledge of the scam and yet signed that budget. However, there were going to be grave implications of delaying the budget beyond the life of the last legislative assembly. If the President sends it back to the National Assembly and the budget was not signed then, it will have to pass the review of the incoming legislators and that will take time.

This could go on forever.  But the following is what the Constitution says about the Speaker's role, decisions, house resolutions et al:
========
56.
(1) Except as otherwise provided by this Constitution any question proposed for decision in the Senate or the House of
Representatives shall be determined by the required majority or the members present and voting; and the person presiding shall
cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall
be a simple majority.

=========

Hence, the[b] only role of the Speaker is to preside[/b].  The decision is taken solely by the simple majority.  The Speaker has no power to approve asides acknowledging the Resolution of the simple majority by[b] hitting the gavel[/b].  The House makes the Resolution and the Speaker has ZERO votes most of the time.  It would be an ILLEGALITY if the Speaker takes it upon himself to make THE decision by NOT acknowledging the decision of the HOUSE as stipulated in the constitution. QED.

And please, don't say I need to be SCHOOLED on anything.  That is an INSULT.  Kindly make your points and refer to the facts wherever possible.  Okay?
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 1:34pm On Jun 24, 2011
Sagamite:

That is not moral culpability, that is a criminal act.

It is like a President stopping/covering up the prosecution of corrupt ministers/governors because he feels without their support he would not win the next elections.

Apologies in advance if I come across as irrational but:

@Sagamite, two questions:
1.  If you were in Bankole's shoes, what would you have done?  Refuse to approve?  Get impeached?  Then the House installs another Speaker that does their bidding.  How does that solve the problem?
2. If the House of Reps collectively reaches a Resolution, who is responsible?  The Speaker or the House of Representatives?  The House makes resolutions not the Speaker.  It is a simple case of Ayes vs Nays.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 12:45pm On Jun 24, 2011
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.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 12:14pm On Jun 24, 2011
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"wink 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.
Politics / Re: N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 10:09am On Jun 24, 2011
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.
Politics / Re: Yoruba Council Of Elders (YCE) Wants Tambuwal Tried With Bankole by bioye(m): 9:54am On Jun 24, 2011
playboy19:

Errrr Yeah, QED. But, Hey! What did he steal exactly? $1B? N10B? What?
My thots exactly. What did Bankole steal? Or is it N40bn?
Politics / N38b: No Court Can Try Me - Bankole; Demands Apology From Farida by bioye(m): 10:48pm On Jun 23, 2011
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
Politics / Re: Bankole Lands In Lagos With Chartered Aircraft by bioye(m): 1:12pm On Jun 23, 2011
philip0906:

my friend chop brick. . .stop deviating 4rm d issue and tell me y bank ole should still be given vip treatment undecided

Na wah oh. To answer your question, in sane societies, an accused is innocent until proven guilty. Also, given that EFCC itself has been accused of corruption, we should not conclude that everyone they charge to court truly has a case to answer. If this same EFCC can charge El-Rufai and Nuhu Ribadu to court, then maybe we should start getting ready for them to arrest Babatunde Fashola. After all, he can't claim to be totally clean.
Politics / Re: Bankole's Cross by bioye(m): 12:56pm On Jun 23, 2011
andromida:

Actually the average Nigerian on the street does not care whether bankole is a scapegoat or not. whether the house of reps were seeking political autonomy or not. We are not that naive we know the efcc is compromised. We know corruption is only paid lip service, does that then mean that[b] if a corrupt official is caught[/b], because everyone is doing it we should let him go? All we care about is whether he is guilty and if he is guilty, he should be prosecuted and if he is the only one we can catch for now well so be it. It gives us hope that maybe one day we will be able to catch all of them.

When you say 'a corrupt politician is caught', you are already concluding Bankole is guilty even before trial and conviction. We need to remember that he is innocent until proven guilty. And that EFCC itself is not entirely non-corrupt, hence we should proceed with caution. Third, there are always two sides to a story. Most people have refused to give Bankole a benefit of the doubt or listen to his side of the story before calling for jungle justice. Corruption [/b]can only be [b]cured [/b]when we employ [b]fairness and justice in dealing with it.
Politics / Re: Bankole Lands In Lagos With Chartered Aircraft by bioye(m): 12:47pm On Jun 23, 2011
First, Bankole is not a thief. He is innocent until proven guilty. The cases against him has no proof he stole money. Second, if anybody is being tribalistic, report them to the moderators like I'm about to. Hopefully, their posts will be deleted. Chikena.
Politics / Re: Yoruba Council Of Elders (YCE) Wants Tambuwal Tried With Bankole by bioye(m): 12:26pm On Jun 23, 2011
kolexy:

Am amazed with the responses I have seen so far,  We cannot continue to insult our Elders and expect it to be well with us.

We would all become Elders one day; it is not a choice!!!!!!!!

Talking about Bankole.
True; Bankole stole money. But, lets face it. What happened to the corruption case against PDP chairman Haliru Bello. What about Nddudi Elumelu (power probe - power scam fame). All these corruption trials are annoyingly selective(not which hunting). Please where is Dr Peter "donatus" Odili. The Wife was appointed a Judge Court of Appeal sometime in 2006. She has used her position to block corruption trial of her hubby. Now Uncle Jonathan has appointed her Justice of the Supreme court. Is this not a reward for a job well done. Please let us not put sentiments into the issue @ hand. Ezeuche et al, let us look beyond ethnic affiliation. Let us all join hands to rid our country of this monster call corruption. Corruption has no ethnic affiliation. Where is Chimaroke Nnamani? DimejI Bankole cannot be worse than that Killer.

Let's get this straight. DID BANKOLE STEAL MONEY? Which money did he steal? Has anyone been able to establish that he stole money even in the proof of evidence from EFCC? The only thing he did wrong from all the allegations is that he approved the increase in allowances for all members of the House of Reps excluding his and his deputy. Meanwhile, if he refused to do it, he would have been impeached immediately!
Politics / Re: Bankole Meets Stringent Bail Conditions. Out Of Efcc Custody by bioye(m): 5:34pm On Jun 19, 2011
playmode:

Bioye ,who are you? Are you Bankole's friend ,relative or lover ? I have been monitoring you for a while now and it seems that you are an enemy of progress?Why so much love for a clearly evil individual who should be assassinated with immediate effect? And as per your profile pic ,i think it highly unintelligent of you to compare bankole to Mandela.It show that you have very low IQ, no morals and no dignity.If you are one of those who support those who are bringing this nation down be forewarned that when the axe falls it will hit you as well.No evil individual will be spared.
Does it matter who I am? What matters is the content of my post. You have chosen to attack my person. I am a supporter of Bankole and I owe you no explanation. Your post reeks of violence, jungle justice, and hatred. I wonder what experiences you have had in life to warrant this kind of mentality.
Politics / Bankole Meets Stringent Bail Conditions. Out Of Efcc Custody by bioye(m): 6:11pm On Jun 17, 2011
I can confirm authoritatively that Rt. Hon. Dimeji Bankole, the former Speaker of the House of Representatives has met the strict bail conditions set by Justice Suleman Belgore yesterday and has left EFCC custody for his home. Bankole is set to re-appear in court on July 19 on a 17-count charges bordering on loans allegedly collected unlawfully by the House of Representatives under his Speakership.

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