₦airaland Forum

By: Inibehe Effiong


Ekiti State Governor, Mr. Ayodele Peter Fayose, on Wednesday, June 22nd 2016 in a press release issued on his behalf by his Chief Press Secretary disclosed that his 2014 gubernatorial election was substantially funded by one of the commercial banks in the country, Zenith Bank Plc. However, the bank according to Sahara Reporters has denied funding Fayose's election and has implicated Fayose for receiving "huge sums of money" from the Office of the National Security Adviser to prosecute his election.

According to Fayose, "I was asked to nominate a trusted ally to be related with, and I nominated Mr. Abiodun Agbele. All the payments into Abiodun Agbele’s account domiciled in Zenith Bank were directly from Zenith Bank. In actual fact, the account was opened by Zenith Bank hurriedly at that time, and Abiodun Agbele’s identity card which ought to have been collected before the account was opened was only collected last week in the bank’s desperation to perfect the account obviously after submitting to the intimidation and harassment of the EFCC. Most of the funds posted into Agbele’s account were through the Ibadan, Akure and Lagos branches of the Zenith Bank, and sometimes they brought cash", said the governor.

Without prejudice to the ongoing investigation by the Economic and Financial Crimes Commission (EFCC), it is imperative to draw the attention of the Independent National Electoral Commission (INEC), the EFCC and other law enforcement agencies, Zenith Bank Plc, Governor Fayose, the media and the general public to the legal consequences of the statement made by Mr Fayose and the various reports in the media on the funding of Fayose's 2014 governorship election.

Is it actually true that Zenith Bank made financial contributions to the 2014 gubernatorial election of Fayose? Such donations are not only unconstitutional and questionable but constitutes crimes under our extant laws. The law forbids and criminalizes the donation or contribution of funds and gifts by companies towards the activities or for the benefit of a political party.

Section 221 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) expressly states that “No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election."

The Companies and Allied Matters Act Cap. C20 L.F.N. 2004 (CAMA) prohibits and criminalizes direct and indirect donation of money or gift to a political party, political association or for any political purpose.

Section 38 (2) of CAMA provides thus:

“A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a political party or political association or for any political purpose; and if any company, in breach of this subsection makes any donation or gift of its property to a political party or political association, or for any political purpose, the officers in default and any member who voted for the breach shall be jointly and severally liable to refund to the company the sum or value of the donation or gift and in addition, the company and every such officer or member shall be guilty of an offence and liable to a fine equal to the amount or value of the donation or gift.”

In the light of the foregoing, it is manifestly beyond dispute that both Governor Fayose and Zenith Bank Plc may have violated the prohibitive provisions of the law on financial contributions to a political party and political purposes by corporate bodies (companies). If the confessional statement made by Fayose is plausible and verifiable, it has only worsened his case with the EFCC.

Fayose by his own admission is saying that depositors funds were used to finance his election. This is morally and legally repulsive and reprehensible. It has further given reasons why law enforcement agencies should ensure that the money in his bank account is not dissipated by freezing same.

Regulatory agencies in the financial sector, particularly the Nigeria Deposit Insurance Corporation (NDIC), the Central Bank of Nigeria (CBN) and the Asset Management Corporation of Nigeria (AMCON) should immediately commence independent probe into the role played by Zenith Bank Plc in the Ekiti State 2014 governorship election. The statement made by Fayose should not be treated with kid gloves.

Since Fayose has attempted to insulate the Office of the National Security Adviser (ONSA) from the funds found in his Zenith Bank account which has been frozen by the EFCC, it is most expedient for the anti-graft agency to disclose publicly the specific amount and source of money found in his accounts; the persons or organizations that deposited or transferred the funds into the account and the entire circumstances surrounding this case.

This has become imperative in view of the various damning media reports on the matter.

Going by the provisions of Section 38 (2) of the CAMA quoted supra, Zenith Bank Plc should be investigated for its role in the Ekiti State 2014 governorship election. If Fayose's confession is factual, the directors and officers of the bank who approved and took part in the donation of funds to Fayose for his election should be immediately arrested and prosecuted in line with the law. The sum of money allegedly donated must be accounted for, retrieved and refunded to the bank. This is why a thorough and transparent investigation should be carried out.

Governor Fayose was understandably economical with the truth. He failed and refused to state precisely the exact amount of money donated to him by Zenith Bank towards his election. He also did not disclose the identities of the other persons and organizations which he claimed equally made donations towards his election.

The funding of political parties and election expenses in Nigeria are governed and regulated by the Constitution, the Electoral Act, and the INEC's Political Finance Monitoring Manual. Sections 90 - 94 of the Electoral Act 2010 (as amended) makes elaborate provisions on election funding and expenses by candidates and political parties

Section 91 (3) of the Electoral Act states that "The maximum election expenses to be incurred by a candidate at a Governorship election shall be N200,000,000.00."

Section 91 (9) of the Act states that "An individual or other entity shall not donate more than N1,000,000 to any candidate."

By virtue of Section 91 (10) of the Electoral Act, a governorship candidate who knowingly acts in contravention of these limitations commits an offence and on conviction is liable to a fine of N800,000,00 or imprisonment for a term of 9 months or both.

If there is evidence that Fayose contravened the above provisions on election funding and expenses, he would be liable to be prosecuted for electoral offences. If that is the case, can the immunity clause in Section 308 of the Constitution shield Fayose from prosecution? There is no direct judicial authority on this. However, there is an avalanche of decisions of superior courts of record, including the Supreme Court, to the effect that immunity does not apply to pre-election disputes, election petitions and matters incidental thereto. Election matters are sui generis (They are special proceedings). The cases of Obih v. Mbakwe (1984) All NLR 134 at 148, Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) p. 227 and several others are clear on this.

Notwithstanding, it is settled law that a case is only an authority for what it decides, nothing more. The Supreme Court reiterated this in the case of Skye Bank Plc & Anor. Chief Moses Bolande Akinpeju (2010) 9 NWLR (Pt. 1198) 179.

Though there is no judicial precedent to show that despite immunity, a president, vice president, governor or deputy governor in Nigeria has ever been prosecuted while in office, there are plethora of examples and cases were proceedings arising from or connected with elections were commenced against the beneficiaries of immunity during the currency of their tenure.

Two recent cases will suffice.

President Muhammadu Buhari is currently facing a civil proceeding at the Federal High Court in Abuja presided by Justice Gabriel Kolawole over his educational qualifications to contest for the president of Nigeria in 2015. The suit was brought against Buhari as an individual despite the immunity enjoyed by the president. Buhari's preliminary objection to the suit was dismissed as unmeritorious. The president has gone to the Court of Appeal to seek respite and has hired the services of a consortium of Senior Advocates of Nigeria and other lawyers led by Chief Wole Olanipekun (SAN).

Governor Ben Ayade of Cross River State was sued last year by a Senior Advocate of Nigeria, Mr. Joe Agi, over alleged perjury, though the Federal High Court in Abuja ruled that the perjury allegation was not proved beyond reasonable doubt, immunity did not save Mr. Ayade from the pre-election proceedings.

What we can deduce from the above two cases and the unbroken chain of judicial decisions on the inapplicability of immunity to election-related proceedings is that immunity does not cover proceedings which are rooted in infractions or actions taken during or before elections. Mr. Femi Falana (SAN) has canvassed this point strongly.

If Governor Fayose is found to have violated our laws on election funding and expenses, it is doubtful whether immunity can save him. If immunity has not insulated president Buhari and governor Ayade from civil proceedings, on what basis will immunity protect Governor Fayose from being investigated or prosecuted for alleged electoral offences? Fayose's admission that the funds in his Zenith account were donated for his election has invariably exposed him to possible civil or criminal proceedings.

The argument that only the bank account of a person who is arrested by EFCC can be frozen is misplaced. Section 28 of the Economic and Financial Crimes Commission (Establishment) 2004 upon which this argument is predicated is inapplicable to Fayose's case.

Under Section 28 of the EFCC Act, the Commission is empowered to trace immediately and attach properties, as disclosed in EFCC Form A by a suspect upon his arrest, and shall THEREAFTER cause to be obtained an interim attachment order from the court. The commission does not need a court order before doing this.

On the other hand, Section 34 of the EFCC Act, which applies to the present case empowers the EFCC Chairman to freeze any account if he is satisfied that the money in the account is made through the commission of an offence under the EFCC Act, the Money Laundering (Prohibition) Act, etc. In this case, EFCC must first obtain the consent of the court before instructing the bank manager to freeze the account using Form B. It is not necessary for the commission to physically encounter the owner of the account. The illicitly made money can be discovered and traced by any lawful means.

In law, general provisions in an enactment must yield and are submissive to specific provisions. This is a trite principle of interpretation. The maxim is generalia specialibus non derogant. Section 34 of the EFCC Act is a specific provision.

In my previous intervention on this matter, I had argued more elaborately on why Fayose cannot invoke the immunity clause to prevent his investigation. It is otiose to re-argue the points earlier made by me.

Surprisingly, the EFCC has so far failed to disclose the court that it applied to for the power to issue the order freezing Fayose's bank account. I stated in my previous analysis, and it bears repeating: in the absence of such authorisation, the action is illegal, ultra vires, oppressive, undemocratic, null and void and of no effect whatsoever.

Instead of engaging in an endless altercation with the president, the federal government, and the EFCC, Fayose should approach the court and seek redress. It is important for this case to be judicially tested for the sake of democracy, posterity, and constitutionalism. Let the court decide whether or not immunity is a bar to the freezing of Fayose's bank account, especially with the fact that the money in the account was made in contravention of the Electoral Act.

Inibehe Effiong is a Legal Practitioner and Convener of the Coalition of Human Rights Defenders (COHRD) and can be reached at: inibehe.effiong@gmail.com

http://saharareporters.com/2016/06/23/alleged-funding-election-zenith-bank-fayose-has-made-his-case-worse-inibehe-effiong

My question is, where are all these projects located because Niger Delta people are complaining that they are been marginalised by the federal government?

The Niger Delta Development Commission (NDDC) awarded a total of 8,557 infrastructure development projects valued at N2.4 trillion between 2001and March 18, a report says. This is contained in the 2016 first quarterly report of the commission by its Acting Managing Director, Mrs Ibim Semenitari, in Abuja on Monday.

The report said that 3,454 projects worth N441 billion were completed out of the total number of contracts awarded within the period. It said that the projects were awarded in the areas of roads, bridges, jetty and shore protection, canalisation and reclamation, electricity and power, water and buildings, food control and equipping and furnishing. “Of the total number of infrastructure projects awarded, about 250 are regarded as mega projects, that is projects with cost ranging from N500 million to N24 billion. “There are 2,257 ongoing projects totalling N1.2 trillion in value, while 292 others worth N81 billion were either stalled or abandoned. “During the period under review, the commission terminated a total number of 49 projects valued at N1.9 billion. “Other agencies of government took over 29 projects with a total contract sum of N16 billion from the NDDC,’’ the report said.

The NDDC was established under the administration of former President Olusegun Obasanjo in 2000. Its mandate includes facilitating the rapid, even and sustainable development of the Niger Delta into an economically prosperous, socially stable, ecologically regenerative and politically peaceful region.

http://www.vanguardngr.com/2016/06/nddc-awards-n2-4trn-projects-15-years/

It is so sad that majority of us in this nation are devoid of basic comprehension...little wonder our basic understanding of the english language is very limited.

AMCON was set up to help troubled banks in 2010.
AMCON bought the debts of most banks going through financial distress.
AMCON took over all the debts and have every right to go after debt defaulters.
AMCON must have given the Silverbird Group enough opportunities to service their debt portfolio.
Unfortunately, as the article stated, Silverbird have repeatedly failed.
What's next, AMCON have the legal right to takeover Silverbird Group, appoint new administrators who will ensure the Group operates profitably and the debts are well serviced.
By doing this AMCON is saving the jobs of hundred of Silverbird employees who would have been jobless should the company pack up.

Earlier this week, it was detailed that AMCON is also in the process of taking over Jimoh Ibrahim companies due to a debt of ₦50bn, why do some people who are now shouting 'political witch-hunt' say something then.

We should stop this myopic blindness that PMB is only targeting selected individuals and lets call a spade a spade.

At this stage I hang my boots...Nigerians and corruption...it is in our DNA.

What is this politican-cum-lawyer saying?

Where was he, when under the same EFCC, back in 2014, Mr Nyarko's (APC governor of Adamawa, ex-PDP) accounts were frozen pending serious allegation of corruption brought against him by the then PDP federal government? A certain GEJ was president then under the PDP party.

By the way, Nigerians, let us ask ourselves a serious question and put sentiments aside, what is the business in which Mr Fayose is engaged in for his personal account to have almost ₦2bn? This is not a business acoount.

As part of EFCC investigation, they should look into his various business operations to see if he has ever pays his business taxes.

I can bet my last kobo that majority of these staff don't have any job description except to mill around and become clogs in the wheels of having a functioning government operation.

Why so many staff, no wonder our budget is too gigantic.

The NPF status quo still remains collecting ₦20...only the name is different for the IG position...wishing the new IG all the best in his post...

It will be a score line of 3-1 to England, Vardy to get a brace and Sturridge to score.

Why the confusion again among the lawyers?

Case adjourned until Sept 26th, and the case has not even started.

At this rate 'the dilector' will spend another christmas in detention.

Whilst some people like the dilector of IPOB is busying verbally attacking everyone and planning to cause mayhem in the Nigeria, some people like this young fellow is doing right to make himself, Anambra state and Nigeria in general a better place to live.

Well done young man and a bigger well done to the Governor who appointed him as a commissioner.

Ade Adesomoju, Abuja
The Senate President, Dr. Bukola Saraki, is scheduled to appear on Tuesday before a High Court of the Federal Capital Territory in Jabi, Abuja for arraignment on charges of forgery.
Saraki will also appear before the Code of Conduct Tribunal for his ongoing trial for alleged false and anticipatory asset declaration.
Both the FCT High Court and the CCT share a boundary in Jabi area of Abuja.
Sources from the Federal Ministry of Justice confirmed to our correspondent on the telephone on Monday that Saraki alongside the Deputy Senate President, Ike Ekweremadu and their co-accused will appear before Justice Yusuf Halilu, for arraignment on two counts of forgery and criminal conspiracy tomorrow.
Saraki, Ekweremadu, a former Clerk to the National Assembly, Salisu Maikasu, and his deputy, Benedict Efeturi, were on June 10, charged with criminal conspiracy and forgery of the Standing Rules used for the leadership election of the presiding officers of the Senate in J‎une last year.
The Federal Government stated that the offence of conspiracy is punishable under Section 97 (1) of the Penal Code Act; and offence of forgery with “fraudulent intent” punishable under Section 364 of the same law.
Meanwhile, the Code of Conduct Tribunal had on June 15 adjourned the trial of the Senate President, Bukola Saraki, till June 21.
The tribunal adjourned for the hearing of a fresh motion filed by Saraki seeking an order of the CCT disqualifying its Chairman, Danladi Umar, from further presiding over the case.
Saraki filed his fresh application accusing Umar of bias based on the remark made by the tribunal chairman at the last proceedings on June 7, 2016, while warning the defence against delay tactics.
Umar made the statement that was picked up while warning the defence that their delay tactics would not “reduce the consequences the defendant will meet in this tribunal at the end of the trial”.
Saraki, in his fresh application filed by his lawyer, Kanu Agabi (SAN), alleged that Umar’s statement would prejudice the outcome of the trial.
Saraki is being prosecuted by the Federal Government before the CCT on 16 counts, including false and anticipatory asset declaration, which he allegedly made between 2003 and 2011 when he served as the Governor of Kwara State.
He is ‎also accused of operating foreign accounts as a public officer and of receiving governor’s salary or emoluments in addition to his salary as a senator for some periods after completing his two terms as governor and got elected as a senator.

http://www.punchng.com/saraki-senate-forgery-arraignment-cc%e2%80%8et-trial-tomorrow/

No peace of mind for the wicked...

What kind of nonsense is all this about?

We are still primitive in our thinking.

When will the US Ambassador visit me too?

I dare the 'dis-honourable members' to sue the US government, US Embassy in Nigeria and the Marriot Hotel...rubbish.

Before the US Embassy revoked their visas, they would have done extensive investigation into these allegations. If these 'law-breakers' are bold enough, they should carry out their threat. The issue is that US Justice system would have gotten a catalogue to information about these trios, which they can present in any law-court.

Does anyone remember the case against Dominique Strauss-Kahn, DSK, the former managing director of IMF involved in a sex-scandal in 2011.

These bunch of people think they are in Nigeria where they can talk to hotel-employees to organise call-girls for them. They are a disgrace to themselves, their families and office they held.

For once, Reno was right.

The daily activities of the federal government has been running smoothly.

PDP...when will all these end?

This is very hilarious, whoever made this is a genius.

Look at the ugly building called Watada Plaza.
With all the money embezzled over the years by PDP, they can't have a modern, fit for purpose building.

The Federal Government has spelt out 22 stringent conditions Nigeria’s 36 states must fulfill to be eligible to draw from the N90billion set aside to bail out states facing severe financial difficulties.
Most Nigerian states are broke and unable to pay salaries of workers, fund key services or execute development projects.
The states remained in financial hardship despite a July 2015 Central Bank of Nigeria-packaged special intervention fund that doled out between N250 to N300 billion in the form of soft loans to enable the states pay backlog of salaries.
The states also enjoyed a debt relief programme designed by the Debt Management Office (DMO) which helped them to restructure their commercial loans of over N660 bn, extending the life span of the loans while reducing the states’ debt-servicing expenditures.
That however failed to pull the states out of distress and the federal government is now considering a fresh N90billion loan package for them
But to access the funds, according to Babafemi Ojudu, the special adviser to the president on political matters, states must fulfill 22 conditions.
Mr. Ojudu posted the conditions on his Facebook page on Wednesday.
They are listed below:

1. Publish audited annual financial statements within 9 months of financial year end.
2. Introduction and compliance with the International Public Sector Accounting Standards (IPSAS).
Publish State budget online annually.
3. Publish budget implementation performance report online quarterly.
4. Develop standard IPSAS compliant software to be offered to States for use by State and Local Governments.
5. Set realistic and achievable targets to improve independently generated revenue (from all revenue generating activities of the State in addition to tax collections) and ratio of capital to recurrent expenditure.
6. Implementation of targets Implement a centralized Treasury Single Account (TSA) in each State.
7. Quarterly financial reconciliation meetings between Federal and State Governments to cover VAT, PAYE remittances, refunds on Government projects, Paris Club and other accounts.
8. Share the database of companies within each State with the Federal Inland Revenue Service (FIRS). The objective is to improve VAT and PAYE collection.
9. Introduce a system to allow for the immediate issue of VAT / WHT certificates on payment of invoices.
10. Review all revenue related laws and update of obsolete rates / tariffs.
Set limits on personnel expenditure as a share of total budgeted expenditure.
11. Biometric capture of all States’ Civil Servants will be carried out to eliminate payroll fraud.
12. Establishment of Efficiency Unit.
Federal Government online price guide to be made available for use by States.
13. Introduce a system of Continuous Audit (internal audit).
14. Create a fixed asset and liability register.
15. Consider privatization or concession of suitable State owned enterprises to improve efficiency and management.
16. Establish a Capital Development Fund to ring-fence capital receipts and adopt accounting policies to ensure that capital receipts are strictly applied to capital projects.
17. Domestication of the Fiscal Responsibility Act (FRA).
18. Attainment and maintenance of a credit rating by each State of the Federation.
19. Federal Government to encourage States to access funds from the capital markets for bankable projects through issuance of fast- track Municipal bond guidelines to support smaller issuances and shorter tenures.
20. Full compliance with the FRA and reporting obligations, including;
21. No commercial bank loans to be undertaken by States;
22. Routine submission of updated debt profile report to the DMO.

http://www.premiumtimesng.com/news/headlines/205354-nigerian-states-get-22-conditions-access-fresh-n90billion-bailout.html

This is a good development going forward, at least we will know exactly how the states are funded and how they expend their available resources.

On the other hand, I think the federal government should start by publishing its own accounts?

He is presenting the Yoruba culture very well.

Where were these noise-makers when Fayose and Wike plotted to install Modu Sheriff as the PDP chairman?

It has been relatively quiet since PMB has been away, things are flowing in a nice steady way.

Maybe PMB should continue his vacation until further notice, since PYO seems to be doing a rather good job.

Only in Nigeria does it pay to be have a criminal past.

Yet with all his huge account balances, this useless 'freedom fighter' never provide basic amenities for his community?

We are the handy work of our misfortune in this country where criminals who can steal the most are celebrated.

Mel Gibson is doubling down on his Christ-based passions, it seems, with a sequel to The Passion Of The Christ apparently in the works. That’s according to his oldBraveheart collaborator Randall Wallace, who told The Hollywood Reporterrecently that he and Gibson were working on a follow-up to Gibson’s 2004 primer in ancient Aramaic.

Utilizing one of the oldest and most over-used narrative tricks in the screenwriting book, Gibson and Wallace’s new film will apparently begin with their hero—preacher and occasional convict J. Christ—undergoing a magical resurrection, before busting out of his tomb to spread a little holy mayhem. From there, we can only imagine where he’ll go, evading the authorities, destroying the carefully developed leper colony economy of ancient Israel, and waging a running battle against one of his dad’s old friends.

Wallace—a faith-based filmmaker in his own right, who wrote and directed 2014’sHeaven Is For Real—says that Christian fans of the original movie have been clamoring for a sequel for more than a decade. “I always wanted to tell this story,” he said. “The Passion is the beginning and there’s a lot more story to tell.” (After all, nothing says “franchise” like a successful adaptation of a single book from a multi-volume series.) For his own part, Gibson has remained uncharacteristically (but blessedly) quiet on the subject, although he expressed interest in the idea of aPassion sequel earlier this year.

http://www.avclub.com/article/oh-god...-christ-238019

The federal government says it will relocate some of its offices into buildings recovered from alleged looters.

Kemi Adeosun, minister of finance, Kemi Adeosun, disclosed this at a press briefing on Friday, saying the move will help the government reduce the money spent on rent.

“The issuance of price guidelines and initiatives for reducing expenditure on rent on office and residential buildings will be the primary focus areas of the efficiency unit in coming months,” Adeosun said.

“You may want to know that the average annual expenditure on rent for a three year period of 2012 to 2014 was N3.55 billion.

“And to achieve that, we are already looking at using properties that were forfeited from recoveries and moving some of our agencies to occupy those properties rather than paying rent.”

A total of 183 buildings were among assets which the current administration said it recovered from past government officials.

From the details released by the ministry of information, 146 buildings were recovered by the Economic and Financial Crimes Commission (EFCC), 33 by the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), and four by the Office of the national security adviser.

The Nigerian Institution of Estate Surveyors and Valuers had been advocating for adequate utilisation of confiscated properties.

Adeosun added that the efficiency unit of her ministry had already recorded success in cutting government overhead cost in areas such as travels, welfare, honorarium, sitting allowance, training, adverts and publicity as well as refreshments.

“Major savings are expected when on-going engagement with the Bureau of Public Procurement on the pooling of MDAs demands for standard products such as vehicles, computers, diesel and others,” she said.

“We plan to secure large discounts from suppliers and the issuance of Price Guidelines are developed and implemented.

“Price Guidelines will ensure uniformity in the price at which MDAs purchase items, as well as transparency and value for money in the procurement process.’’

She said she was working with states to ensure that they all established efficiency unit since 47.32 per cent of revenue that accrued to the federation goes to the states and local governments.

President Muhammadu Buhari set up the unit to review all federal government’s overhead expenditure to reduce wastage, promote efficiency and ensure quantifiable savings for the country.

https://www.thecable.ng/fg-relocate-agencies-buildings-seized-looters

Where is the new road been commissioned?

It's so unbelievable that 'wailing wailers' can believe the list given by Saharareporters.

If SR should published any news which is not in their interest, they will be here making noise.

At least there has been quietness across the social media.
Let EFCC continue to keep him, what's his relevance to the public?

Who is he?

Why is that every player have a dream of playing for the club that signs them?