₦airaland Forum

Posted By: Joseph Jibueze January 12, 2016

The Federal High Court in Lagos on Tuesday barred MTN Nigeria Communications Limited from moving any funds from all banks in Nigeria abroad pending hearing of its suit challenging the N1.4trillion fine imposed on it by the Nigerian Communication Commission (NCC).

Justice Mohammed Idris ordered parties to maintain status quo.

“An order is hereby made directing the parties cited herein to maintain the status quo ante bellum pending further hearing,” the judge said.

Status quo ante bellum is Latin for “the way things were before.”

In law, it refers to a temporary restraining in which a situation is restored to “the state in which it previously” existed.

The Federal Government had, through a motion ex-parte, sought an order of mareva injunction restraining the 21 commercial banks from releasing any funds belonging to MTN.

It sought “an order of mareva injunction restraining the aforementioned banks from releasing, further releasing any funds, making sale, transfer or payment of any monies or dealing in any manner whatsoever with any and all monies maintained by the plaintiff/respondent (MTN) or its agents, privies, subsidiaries, sister companies or the like in the aforestated banks that will alter, decline or reduce the amount of the first defendant’s/applicant’s fine against the plaintiff/respondent in the sum of N1,040,000,000,000 which has remained wholly unsatisfied, pending the determination of the motion on notice.”

MTN is urging the court to quash the sanction imposed on it by NCC in October last year for failing to disconnect unregistered subscribers.

The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion last December.

But MTN sued NCC and the Attorney-General of the Federation, Abubakar Malami (SAN), contending that NCC being a regulator cannot assume all the functions of the state.

http://thenationonlineng.net/n1-4tn-fine-court-bars-mtn-moving-funds-abroad/

BY SAHARA REPORTERS, NEW YORK JAN 11, 2016
Sagir Koli, the Nigerian army captain who put his career and life on the line when he exposed the 2014 rigging of the gubernatorial election in Ekiti State, has been reabsorbed into the Nigerian army, SaharaReporters has authoritatively learned.

Army sources speaking with SaharaReporters also said Captain Koli, who is being praised by both peers and superiors, will receive a letter of commendation for his outstanding conduct and non-partisanship in the course of duty.

The captain, it will be recalled, fled the country after he exposed the rigging of the Ekiti State election, successfully making an electronic recording of a meeting where top politicians of the Peoples Democratic Party (PDP) and the Nigerian army strategized on how to place in office Ayo Fayose, who eventually “won” the contest.

Brigadier General Aliyu Momoh, in collusion with then Minister of Defense Musiliu Obanikoro, former Osun State Senator Iyiola Omisore, former Minister for Police Affairs Jelili Adesiyan, Anambra politician Chris Uba, gubernatorial candidate Fayose, and others were caught on Captain Koli’s secret audio recording plotting to intimidate members of the All Progressives Congress (APC) in order to successfully rig the gubernatorial race.

In the audio recording, which was subsequently published by SaharaReporters, Mr. Obanikoro was heard bribing General Momoh to use the military to deny APC voters access to polling stations and arrest leading opposition politicians in Ekiti State. The politicians were also recorded plotting with General Momoh about how to use their tactics in Ekiti to rig another election in Osun State.

News of Captain Koli’s reabsorption into the army follows the release of the Nigerian Army Board of Inquiry’s report where several high-ranking military officers were recommended for disciplinary proceedings.

It is unclear what other measures may be taken by the government, including possible prosecution of non-army personnel who were involved in the rigging. It should also be recalled that the army, in the course of searching for Captain Koli, tortured his teenage younger brother, a secondary school student.

http://saharareporters.com/2016/01/11/army-captain-who-exposed-election-rigging-ekiti-reabsorbed-army

January 11, 2016 Ben Ezeamalu

The Economic and Financial Crimes Commission has arrested Emeka Mba, the Director General of the Nigerian Broadcasting Commission over an alleged N15 billion fraud.
Mr. Mba was arrested on Monday morning in Abuja and taken to the EFCC’s headquarters where he is currently being interrogated.
Those familiar with the investigation say the EFCC had been investigating the NBC in the past one month.
Last week, some detectives stormed the headquarters of the NBC, ransacking computers and files in the Finance and Account unit.
During the operation, some key Accounts staff where taken away.
Sources said the arrested officials made confessional statements to the EFCC implicating Mr. Mba and some top officials of the NBC.
When contacted, the EFCC spokesperson, Wilson Uwujaren, said he was on an official assignment in Lagos and had not been briefed.

But a top official of the anti-graft agency said: “Yes, he (Mr. Mba) is with us. We are investigating massive diversion of public funds and we’re making progress. Mba definitely has questions to answer.”

http://www.premiumtimesng.com/news/196600-breaking-nbc-director-general-emeka-mba-arrested.html

BY SAHARA REPORTERS, NEW YORK JAN 10, 2016
In the wake of the condemnations raining down upon the Delta State House of Assembly Speaker, Mr. Monday Igbuya, for his alleged harassment and demand for a N1 billion bribe from the Managing Director (MD) of the Delta State Oil Producing Areas Development Commission (DESOPADEC), Mr. Williams Makinde, in return for the passage of the commission's 2016 budget, jailed former Delta State Governor, Mr. James Ibori, has brokered a peace between the commission's MD and the Assembly Speaker.

Earlier this month SaharaReporters published a story that MD Makinde flew to London in order to lodge his complaints against Mr. Igbuya to the imprisoned former Governor personally. The frustrated MD threatened to resign his position as he could no longer countenance the ceaseless harassment and demands for bribes from Speaker Igbuya all of which was holding up the passage of commission’s 2016 budget.

Speaking to SaharaReporters in confidence, an aide to the MD said that former Governor Ibori was forced to broker a peace deal between Mr. Makinde and the Speaker, whom he described as among the most notoriously corrupt and fraudulent Speakers ever produced in the history of the Assembly.

"When my boss traveled to London to complain to former Governor Ibori, our overall leader in the State. The Speaker was also in the UK and Mr. Ibori summoned him. The former Governor then reconciled the two of them right there in London, before my boss [MD Makinde] returned back to Nigeria.

According to the anonymous aide, the N1 billion being demanded by Speaker Igbuya was to come from the commission’s N28 billion 2016 budget.

Part of the “peace deal” negotiated by Mr. Ibori required MD Makinde to publicly refute the stories of Speaker Igbuya’s demands for a N1 billion bribe and the constant harassment suffered by Mr. Makinde.

"Mr. Ibori called my boss and appealed to him to refute the story [regarding the bribe and harassment] and deny everything in order to disabuse the mind of the public.

“I can tell you authoritatively that my boss has since done that. He immediately instructed his media aides to do a press release which they have done," the aide stated.

Meanwhile, the embattled house of Assembly Speaker, Mr. Monday Igbuya has instructed his Chief Press Secretary (CPS), Mr. Henry Ovie Ebireri, to organise some youths, elders, and leaders from Delta Central to hold meetings and sing Mr. Igbuya’s praises as well as to organize a staged refutal interview with the DESOPADEC MD on the story.

One of such meetings, SaharaReporters reliably learned was said to have been held in Asaba, the Delta State capital, few days ago while a stage managed refutal interview was also conducted by the speaker's CPS with the DESOPADEC MD on the story to clear the speaker of any wrongdoing.

In an email sent out to the media by CPS Ebireri, stated that notable personalities in Delta State, including leaders of ethnic and youth groupings, political parties, former council chairmen, and past political appointees on Saturday in a meeting held in Asaba, poured encomiums on Speaker Igbuya for his exemplary leadership in the State.

The Speaker's image maker also sent out his stage managed refutal interview he conducted with the DESOPADEC MD to deny the story of bribery against the speaker. The questions for the interview, which were said to have been prepared by the CPS, dwelled on the Speaker's harassment and demand for the N1 billion bribe as reported by SaharaReporters and a radio station based in Asaba.

http://saharareporters.com/2016/01/10/ibori-brokers-peace-between-desopadecs-md-and-delta-speaker-over-n1-billion-bribe-demand

Editorial January 06, 2016
•With a proposal for about N5 billion worth of new cars, the National Assembly seems utterly inured to the plight of the people

They seem not to know that these are very austere times. Perhaps it does not matter to them. Or maybe they don’t just care. Whatever the case may be, the National Assembly (NASS) members seem to be living in a world all of their own where there is no lack, no worries and even the sun probably does not set.

Since they were sworn into office early last June to make laws for Nigeria and her people, even they know that they have found the best job in the world. For instance, they have taken as many holidays as they have wanted – perhaps more holidays than work days. They have also drawn jaw-dropping allowances and bonuses perhaps more than any other public official in the land. They have had all sorts of perks and perquisites monetised and drawn down totalling tens of millions per legislator.

The sums are so mind-troubling that they dare not make a full disclosure of them to the populace lest they start a riot. They live in the best houses across cities; they ride the plushiest cars ensconced between police escorts. They have no worries on earth it seems and when they are nibbled by nary a rodent, they make laws post haste to protect themselves. The current Bill to curtail the cyber space which would have been passed into law in just a few days were it not for unprecedented public outcry is one example and the Petroleum Industry Bill (PIB) which has been in the NASS for about five years is another.

But the NASS made up of the upper chamber, the Senate and the lower one, the House of Representatives have earned the reputation of a heedless and unyielding pack of prodigals. They have a noxious history of unchecked licentiousness. Since 1999 when civil rule commenced afresh in Nigeria, they have built for themselves a fairyland, a gilded house of fantasy. They live in a world far removed from the reality of their environment; no wonder the The Economist of London once described the Nigerian legislators as by far the best paid in the entire world.

This fact should make them worry, even sorry considering that they legislate over a land that has among the most wretched on earth, both in terms of number and depth of penury. Considering that they are virtually milking a country where workers’ salaries now come in arrears and where pensions hardly get paid anymore and senior citizens fall to their death on pension queues everywhere, everyday.

Considering that they rule over a country where nearly everything is imported: from staple food and poultry to petroleum products. They are not perturbed that they superintend over a country that imports everything it ought to export. Nothing worries these folks except their pernicious perks and privileges that are of course self-allotted and otherworldly.

This is why we are of the strong opinion that President Muhammadu Buhari should insist and indeed block our NASS members’ next wanton act: the planned purchase of 400 new cars for N4.7 billion. According to report, the new, latest model, state-of-art and overpriced SUVs are for routine committee work. This has nothing to do with the billions already released to the legislators as car loans.

Though some have argued that the president may be stepping beyond his bounds by publicly condemning and seeking to resist this item of the appropriation bill, we aver that the president as the custodian of the bill has a duty to protect the overall interest of the people and ensure that wastages and prodigality are eschewed in the document.

If the president upon resumption of office could turn down a N400 million Bill for new cars for the presidency, legislators too must understand the need for making some sacrifices in this period of dire economic downturn.

We are worried that our lawmakers have remained ever so wanton and we dare say unconscionable as ever, not sparing much thought for the collective good and growth of the motherland. All through history, the legislature has been the fulcrum of revolutionary ideas and change. But it is such a pity that our present lawmakers act no better than mere grubs seeking to eat up the common wealth. This is extreme self-love; it’s narcissism.

http://thenationonlineng.net/narcissism/

Ex-Minister Obanikoro Now Hiding From Nigerian Investigators Abroad, New Details Reveal His Accounts Received Funding For Ekitigate

SAHARAREPORTERS, NEW YORK DEC 28, 2015
The Economic and Financial Crimes Commission (EFCC) has received more evidence linking former junior Minister for Defence Musiliu Obanikoro, who now is hiding abroad, with the infamous Ekitigate election scandal of June 2014 and the related plot to rig the Osun State gubernatorial election, SaharaReporters has learned.

According to our source, the commission obtained financial transaction information and witness testimonies connecting Mr. Obanikoro with a group of companies which received at least N1.45 billion to rig the two governorship elections last year.

The N1.45 billion was allegedly funneled into the accounts of five companies, all of which were under the control of Mr. Obanikoro. The evidence of these transactions emerged from EFCC interrogations of ten suspects connected with the $2.1 billion arms scandal involving the Office of the National Security Adviser (ONSA), Sambo Dasuki.

It would be recalled that SaharaReporters exclusively published an audio recording by whistleblower Captain Sagir Koli last February revealing Mr. Obanikoro presiding over a meeting on the eve of the Ekiti election that was called to discuss how to ensure the victory of the candidate of the Peoples Democratic Party, Ayo Fayose. In addition to both men at the meeting were the Osun State governorship candidate, Iyiola Omisore; the Minister for Police Affairs, Jelili Adesiyan; and Brigadier General Aliyu Momoh of the Nigerian Army.

Last month, the army announced a five-man panel to ascertain any malpractice by its officers during the gubernatorial contests. The chairman of the panel, Major General Adeniyi Oyebade, stated that his committee would tender a report within two weeks to the Chief of Army Staff, Tukur Buratai

In a report last week, The Nation newspaper said it was told by a source that massive amounts of money were moved from the Federal Government to an “ex-Minister” to rig the Ekiti and Osun State governor contests. SaharaReporters has confirmed that the former minister in reference is Mr. Obanikoro.

According to the source, who quoted by the newspaper, “The huge funds were paid into the accounts of the ex-Minister for elections in the two states,” and “some military and security personnel were to benefit from the slush funds” were shortchanged.

Mr. Obanikoro is currently thought to be hiding out in the United States. Sources speaking with a SaharaReporters correspondent disclosed that agents of the Department of State Security recently intercepted several calls between a panicky Mr. Obanikoro and the former Senate President, David Mark, in which the former Minister pleaded for assistance from Mr. Mark regarding his forthcoming legal problems.

The same sources said that Mr. Obanikoro fears extradition if he remains where he is hiding and is therefore trying to “eliminate” the prospects of legal proceedings against him in Nigeria.

One of the suspects interrogated by the EFCC is an official of the ONSA who confirmed that the funds were transferred to the five companies at the behest of a former Accountant-General.

According to reports and SaharaReporters’ investigations, the companies controlled by Mr. Obanikoro which received the deposits included: Stellavera Dev Company (N300m), First Aralac Global Limited (N300m), First Aralac Global Limited (N100m), Damaris Mode (N300m), Stellavera Dev Company (N200m), and Whese Farms Ltd (N250m).

The funds were used either to influence the elections in Ekiti and Osun States or simply laundered, or were earmarked for the 2015 presidential elections.

Efforts by Mr. Obanikoro to quash the EFCC’s investigation from the United States have reportedly failed so far.
http://saharareporters.com/2015/12/28/ex-minister-obanikoro-now-hiding-nigerian-investigators-abroad-new-details-reveal-his

BY SAHARA REPORTERS, NEW YORKDEC 28, 2015
SaharaReporters has learned that the former Attorney General of Nigeria, Mohammed Adoke, is expected to appear at the Economic and Financial Crimes Commission (EFCC) headquarters in Abuja tomorrow.

Sources speaking to SaharaReporters on the condition of anonymity have said that Mr. Adoke will be questioned on his role in the Malabu Oil scandal in 2011.

It will be recalled that the Malabu Oil scandal involved the transfer of $1.1 billion in proceeds to the personal accounts of several associates of former President Goodluck Jonathan. Mr. Adoke, along with State Minister for Finance Dr. Yerima Lawal Ngama authorized the release of more than $400 million to an escrow account.

Mr. Adoke was also involved in the Halliburton Oil scandal and allegedly stole a large sum of money to buy shares in a private charter airline company Izzy Air. The Halliburton Oil scandal involved a decade-long effort to bribe various Nigerian officials, including Mr. Adoke. In all likelihood, the former Attorney General will be detained by the EFCC after making his appearance in court.

http://saharareporters.com/2015/12/28/former-ag-adoke-appear-efcc-tomorrow-role-malabu-scandal

December 28, 2015
APPARENTLY indifferent to the unfolding economic crisis in the country, the Senate has embarked on another extravagant mission. This time, the national outrage is because the Bukola Saraki-led legislative chamber has ordered 109 Sport Utility Vehicles as “operational cars,” or in “Senate-speak,” “committee cars” for members to carry out oversight functions. The SUVs will cost the taxpayers billions of naira. At a time revenue from oil has nosedived, governments owe workers’ salaries and the naira is in a free fall, it is selfish and wasteful of the lawmakers to embark on such a vain project.

At issue is the deceit involved in the disingenuous plan to buy an SUV for each senator. Normally, each senator is entitled to a car loan of over N8 million, which, by law, is monetised. But, obviously, this is mere pittance to the lawmakers, who will now profit from the extravaganza worth almost thrice their car allowance. According to some estimates, the cars will cost N4.7 billion, although the Senate has a lower figure. This money could have been used to build functional community health centres in all the 36 states of the country, and thus reduce Nigeria’s record-breaking infant and maternal mortality rates. We have been accustomed to profligacy by the lawmakers since the dawn of the Fourth Republic in 1999, but this is unjustifiable at a time the economy is standing on thin ice.

Senate has been self-serving for long. A tip that this was not about to stop emerged when Saraki suddenly multiplied the number of committees in the 109-member Senate from 56 in the Seventh Assembly to 65 in the Eighth Assembly. But, apparently, the Senate President will stop at nothing to sustain the notoriously high cash rain in the National Assembly, which The Economist of London, put at $189,500 per lawmaker in 2013, describing it as the highest in the world. At that time, this was 116 times Nigeria’s GDP per person at $1,160.

Through this racket, each senator – excluding Saraki and his deputy who are entitled to juicier perquisites – became a chairman or deputy chairman of a committee and is entitled to an SUV, which they erroneously and deceitfully call “pool cars.” The Senate President and his deputy are beneficiaries of a large convoy of vehicles, with Saraki entitled to as many as 10 cars. There is not much difference in the Green Chamber. The Speaker, Yakubu Dogara, increased the number of committees from 89 (Seventh Assembly) to 96 for the 360 members of the House of Representatives. The high number of committees in the parliament spells economic sabotage. In the halcyon days of the Second Republic, which had 95 senators, there were just 17 standing committees, while the House, with 469 members, had just 26 committees.

So, what has changed? For one, Nigeria has become a dysfunctional state, where the leadership is not accountable to the people. The climate of opacity is astounding, so much that the remuneration of lawmakers is a subject of litigation because of lack of transparency. The greed of our parliamentarians is another prickly subject, as they have appropriated so much of state resources to themselves. In 2014, the National Assembly had a budget of N150 billion; it was N120 billion in 2015 and N115 billion proposed for 2016.

In spite of these mouth-watering allowances, the National Assembly repeatedly swims in oceans of financial scandals with regards to its oversight functions. Some lawmakers were accused of demanding or accepting illegal payments from firms or agencies their committees oversaw. The National Assembly has been suffused with bribe-for-budget scandals, as testified to by Nasir el-Rufai, the Kaduna State governor, in his memoirs –The Accidental Public Servant – when he was to be confirmed as a minister in 2003.

As a result, the lawmakers have been ineffective, leaving Nigerians feeling betrayed, thinking that democracy is not working because of our insatiable legislators. This has to stop. Why can’t senators use buses for committee assignments? Why must they ride in state-of-the-art SUVs when Nigerians are dying daily on decrepit roads? The Nigerian people must rise to the occasion by mounting pressure on the National Assembly to roll back its culture of waste, ostentation and impunity through protests and litigation.

In contrast to our gluttonous legislators, parliamentarians in established democracies do not surrender their work to their personal whims and caprices of the few. In the United States, a federal system like Nigeria, with a GDP of $17.9 trillion, the senate has 20 committees, with 100 members. In Australia, another federal system with a GDP of $1.2 trillion, there are 20 committees in the senate, and 17 in the House. The French parliament, comprising 348 senators and 577 deputies, in a $2.4 trillion economy, has six committees. The committees in Germany’s parliament (GDP of $3.3 trillion) –21 –are tied to the number of federal ministries. Now that Nigeria, GDP $565 billion, has 25 federal ministries, what would 65 Senate and 96 House committees be doing?

The Senate should not be oblivious to the economic troubles that lie ahead. The only way Saraki can demonstrate that he is in tune with the unravelling economy is to cancel this obscene car order, and cut down on other excessive perks. A conscionable parliament makes laws for good governance; it is not engrossed in personal rewards for members at the expense of the downtrodden Nigerians, who are discomfited by the greed of the political elite.

http://www.punchng.com/sarakis-suv-cars-for-senators/

BY IS’HAQ MODIBBO KAWU DEC 26, 2015
I made a tremendous effort last Friday, to get out of bed as early as possible in the morning. I arrived in Ilorin last Sunday, and had read that the state House of Assembly was to hold a public hearing on a N20 billion bond that the Kwara state government was proposing to access from the capital market. Loans and bonds have almost become synonymous with Kwara state since Bukola Saraki became governor in 2003, and the jury is out on the usages of those loans. I was determined to watch the legislators interrogate the proposed bond, especially because there were reports that the legislature had previously refused to endorse the plan twice, and had insisted on knowing how previous loans and bonds were expended. It didn’t appear typical of the Kwara House of Assembly! The information I read had stated that the public hearing was to commence by 8 am. I arrived at the House of Assembly by seven thirty, but there was no indication that a public hearing was about to take place there. The legislators were not in the premises, and my suspicion had been aroused when security men at the gate allowed us entry, unhindered. I made calls to several people and was informed that the public hearing had been postponed!

There was the rumor that the public hearing had been abandoned because of the heightened public interest and the fact that the opposition had decided to make a presentation. The following day, Saturday, a sanitized group of “stakeholders” (as if other Kwarans were not stakeholders in the affairs of the state) was bussed into a government banquet hall, with the Governor Abdulfatah Ahmed (bondtaker himself), addressing these “stakeholders”, about the plan for the N20Billion bond. It was instructive that the governor assured his audience that the bond would not be “diverted.” That was a suggestive pointer to what has been happening since the group in power happened upon us since 2003. The government describes itself ALL THE TIME as a “continuity administration”, so drawing a direct line from Bukola Saraki’s administration from 2003. It is, therefore, legitimate to take them together, to understand Kwara’s plight over the past twelve years. In August 2009, Bukola Saraki’s administration, with Abdulfatah Ahmed as Finance Commissioner, took N17Billion bond from the capital market. The initial plan was to take N30Billion, but they were warned that such a huge sum would lead Kwara state to a meltdown. The loan had a 5-year tenure and expected to be liquidated by August 14, 2014. But five years down the line, they had managed to pay the only N10billion of that N17Billion. So a new plan was devised to take another N23Billion, with a proposal to use part of that to clear the old loan. In other words, they would use debt to pay the debt! The original N17Billion bond was expected to finance the following items: Asa Dam Mixed Development; International Truck Plaza; New State Secretariat Complex; Cement Factory; Commercial Agriculture Phase II; Aviation College; Kwara state University; water project; International hotel and conference center; Amusement Park; various road projects; Diagnostic Center; Land Acquisition compensation and loan underwriting commission. Each had a specific value attached to it. But in the end, the money went into a Metro Plaza, described as “a mere event center”, by Chief Iyiola Oyedepo, Kwara’s main opposition intellectual; Diagnostic Center; Kwara state University; and a cargo shed at the Ilorin airport. In March 2012, Governor AbdulFatah Ahmed also took a N10billion loan from GT Bank!

It is important to remember that the loans were contracted when monthly allocations to Kwara state from the Federation Account were very healthy. As a matter of fact, from 2003 when Bukola Saraki became Kwara governor, to December 2014, over N517Billion, accrued to Kwara; while from May 2003 to December 2014, the sixteen local governments of Kwara state, got over N130Billion. That totals over N647Billion revenue in a twelve-year period. The governments of continuity from Bukola Saraki to Abdulfatah Ahmed were responsible for spending these monies, and yet, there is no development on the ground in Kwara state today, that matches those huge sums. The educational system is broken; there is no water to drink; the people are desperately poor; youth are unemployed and have no hope; there is no systematic regime of people empowerment and most projects they expended monies on, were either irrelevant prestige or white elephant projects, that did not create value nor added to the well-being of Kwara’s people. Bukola Saraki’s years in power saw an astronomical increase in monies allocated in yearly budgets, to the Government House. For instance, between 2004 and 2009, Bukola Saraki’s Government House received an allocation of over N21.5Billion; in the same period, Agriculture received over N11.475Billion; education was allocated over N14.99Billion; and healthcare only slightly over N6.467Billion. And by the end of his administration in 2011, Bukola Saraki had worked for himself an immoral pension, which is one of the MAIN items of expenditure in today’s Kwara state, even with the dwindling finances of government today, and which necessitated their desperate need for the new N20billion bond. It is clear that the Kwara state governments of continuity, from Bukola Saraki to AbdulFatah Ahmed, owe us FULL DISCLOSURE about their management of the financial resources of Kwara. When Bukola Saraki became governor in May 2003, he sacked the caretaker administration in the 16 LGAS, that had been installed by his predecessor, the late Governor Muhammed Lawal; and for almost a year, there was no administration at the local level in Kwara. Bukola Saraki was the SOLE accounting officer for the monthly allocations that those local governments took from the federation account. No one knows till today, what happened to those funds!

Last week, Chief Iyiola Oyedepo, the opposition intellectual, and leader in Kwara, issued a memorandum on the proposed N20Billion bond. He made many succinct observations that should concentrate the minds of Kwarans. Oyedepo noted that the N20Billion bond as proposed, was for infrastructural development, between 2016 and 2023. Not less than fifteen projects are listed as proposed 2016-2023, N20billion bond utilization program. They are in education, health, water, roads infrastructure, etc. Yet, except for the renovation of some hospitals, no monetary value was placed on the proposed projects.

The consequence is that Kwarans will not be able to track the veracity of values of these projects to aid the tracking of their implementation. An equally worrisome aspect of the bond plan is the tenure; the life of the administration in power ends in 2019, but debt overhang will extend to 2023, with the likelihood that no development can be expected in Kwara state until after 2023! When Bukola Saraki took his own N17Billion bond in 2009, Kwara did not see any meaningful development that addressed the felt needs of its people. The consequence has been that since coming to power, Governor Abdulfatah Ahmed has only really been able to renovate old hospitals in the state, for all intents and purposes! It is equally frightening to ask how the state would pay back these loans. Kwara’s monthly allocation, as it currently stands, cannot pay workers’ monthly wages therefore internally generated revenues would have to be added to meet the salary payments.

So how does the government expect to service the bonds along with other debts that the state has been saddled with in the years since 2003? These include pension arrears; salaries owed workers; money owed various banks; commitments to contractors and the foreign components of Kwara’s indebtedness, which the Debt Management Office (DMO), puts at $45, 871, 785. 31 as at December 31, 2013! Though unverified, Iyiola Oyedepo estimates that Kwara state might owe over N250Billion and a very significant chunk of that incurred during continuity administration years of Bukola Saraki and Abdulfatah Ahmed.

It is clear that Governor Abdulfatah Ahmed’s administration desperately needs to access that N20Billion bond. It is a desperate race to be seen to have made some infrastructural statement, after a forgettable first four years, when the administration just existed to carry the can of s**t for Bukola Saraki’s previous eight years of wasteful husbandry of the resources of Kwara and the albatross of loans he left hanging on the state’s neck.

But in truth, Kwara state does not need the N20billion bond, from the perspective of its impoverished people, in whose name they collected over N647Billion in a twelve-year period, from 2003 to 2015. If they could not impact positively on the lives of Kwara’s people with so much money in 12 years, why for God’s sake, do they think we would believe them about what they supposedly want to do with N20billion? Bukola Saraki and Abdulfatah Ahmed need to educate us on what they have done with the huge sums that accrued to our state under their watch. They must let us know why those huge sums that came in the days of high income did not impact positively upon the lives of our people in town and village alike.

We also deserve an explanation for why they still took loans despite those huge sums; and why they did not save some monies for the rainy day that inevitably appeared on the horizon. If these FULL DISCLOSURES are not made, they do not deserve to further impoverish us and leave future generations with dire consequences, long after they would have gone to enjoy the huge sums they made from Kwara state. These include the pensions they will earn perpetually, for as long as they live. I made an honest effort to attend an interrogation of the N20Billion bond on the floor of the Kwara state House of Assembly last Friday. It did not hold, and could not have held because the administration of continuity was terrified of a genuine interrogation of its plans.

They preferred a sanitized “stakeholders meeting”, within the precincts of a government banquet hall. That effort to offer a genuine interrogation of the N20billion bond was very much like chasing a black goat in the night!

When Abdulfatah Ahmed “allayed the fear of Kwarans over the proposed N20billion bond, asserting that it will not be diverted”, according to THE HERALD newspaper of Monday, December 21, 2015, he merely underscored the worst fears of Kwara’s people about what has been happening to monies in the state since 2003! But what is clear is that change will sweep away the ruling hegemony in Kwara state one day, and we will discover the truth about what has happened to our finances and other assets in the period since 2003.

President Muhammadu Buhari has shown that it is possible to expose crimes people think are hidden. It is only a matter of time!

http://saharareporters.com/2015/12/26/%E2%80%8E₦20-billion-bond-chasing-kwara’s-black-goat-night-is’haq-modibbo-kawu

BY SAHARA REPORTERS, NEW YORK DEC 22, 2015
The Economic and Financial Crimes Commission (EFCC) on Tuesday at the Federal High Court in Lagos filed a 40-count criminal charge of unlawful conversion against a Niger Delta militant, Government Ekpemupolo (alias Tompolo), and a former boss of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

They are alleged to have converted the sums of $108.7m and N2.1billion, being property of NIMASA, knowing that the said sum were proceeds of stealing. Charged along with them are three others as well as five limited liability companies.

The other accused are: Global West Vessel Specialist Limited, Odimiri Electricals Limited, Kime Engozu, Boloboere Property and Estate Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh.

The suit, FHC/L/5539C/15, was filed on behalf of the EFCC by its prosecutor, Festus Keyamo. In 16 of the counts, the agency alleges that Ekpemupolo, Akpobolokemi, Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, Boloboere Property Estate, Kime Engozu and Simon John Adomene, who is currently at large, conspired amongst themselves between 2012 and 2014 to commit the offence, knowing that the two sums of money were proceeds of stealing.

In counts 17-38 of the criminal charge, Rex Elem, Gregory Mbonu and Destre Consult Ltd are alleged to have converted the sum of N106.8m, property of Global West Vessel Specialist Ltd, despite knowing that the sum was derived from official corruption.

In counts 39 and 40, the EFCC alleges that Captain Warredi Enisuoh converted the sum of N8million, property of Global West Vessel Specialist, knowing that the money was derived from official corruption.

The offences alleged to have been committed by the accused are contrary to, and punishable under the Money Laundering Act of 2012.

It would be recalled that Mr. Akpolobokemi is currently standing trial in two different courts of the Federal High Court in Lagos for other offences.
http://saharareporters.com/2015/12/22/efcc-charges-tompolo-and-akpbolokemi-unlawful-conversion

BY SAHARA REPORTERS, NEW YORK DEC 21, 2015
Court Of Appeal President Sacks Panel Of Judges Over Corruption In Delta Case, Appoints New Judges

The President of the Court of Appeal, Justice Zainab Bulkachuwa, sacked and replaced the five man panel of judges handling the April 11, 2015 Delta State governorship election at the Court of Appeal, in Benin city following cases of alleged corruption, compromise, and abuse of office leveled against the judges.

The governorship candidates of the All Progressives Congress (APC), Emerhor Otega, and the Labour Party (LP) Great Ogboru, dragged Governor Ifeanyi Okowa of the Peoples Democratic Party (PDP) to the Appeal Court, urging it to set aside of the decision of the Justice N.U. Gummi led Governorship Election Tribunal, which declared Governor Okowa the winner of the governorship election.

The sacked corrupt and compromised judges whose names were are Justice J.O. Bada, Justice P.M. Ekpe, Justice H.A. Barka, Justice M.N. Oniyiangi, and Justice U.A. Ogakwu. The names of the new judges included Justice Mrs Uwani Abba-Aji (Chairman), Justice Tom Yakubu, Justice Mhd Danjuma, Justice I.O. Akeju, and Justice (Mrs) Bolaji-Yusuf.

According to Court of Appeal sources who confided in SaharaReporters, the corrupt and compromised judges were sacked last week and the newly appointed judges to handle the governorship appeal case resumed office last Monday.

SaharaReporters learned that judgement for the Delta State governorship case has been reserved for this week on Tuesday or Wednesday.

At the time of filing this report, tension is said to have gripped the camp of Governor Ifeanyi Okowa and the PDP.

http://saharareporters.com/2015/12/21/court-appeal-president-sacks-panel-judges-over-corruption-delta-case-appoints-new-judges

December 20, 2015

Like their counterparts in the Senate, the 360 members of the House of Representatives will also own new exotic cars worth billions of naira.

The difference is that unlike the Senate which has already ordered Toyota Land Cruisers for its 109 members at the cost of N4.7bn, the House will tarry till 2016 to make its order, owing to a cash crunch.

Investigations by SUNDAY PUNCH showed that a decision had been taken that cars would be purchased for the members in 2016.

However, what is in dispute is the brand of exotic automobiles the politicians will cruise next year in and out of the National Assembly.

Findings by our correspondent showed that at a series of discussions held over the choice of cars to buy, opinions were divided between buying Peugeot 508 and the 2015 model of Toyota Camry.

One official, who was a party to the discussions, said, “There is no dispute about the fact that new cars will be bought for the oversight duties of committees. Of course, they will be driven by members because they are the ones to carry out the oversight duties.

“But, there is no agreement as yet on the brand to buy. That has not been decided.

“Besides, the finances of the House may not accommodate the budget for the cars this year. So, the projection is that the vehicles will be bought in 2016.”

Investigations by SUNDAY PUNCH showed that while the majority of the over 223 new members of the House who are first-timers from June this year preferred Toyota Camry, some of the older members, including the leadership of the House, were said to have opted for Peugeot 508.

Checks by SUNDAY PUNCH put the factory price of Peugeot 508 at N9.5m per unit or N3.4bn for 360 units.

On the other hand, the Toyota Camry’s market price is about N12m or N4.3bn for 360 units.

A senior National Assembly told our correspondent on condition of anonymity that the new members reportedly opted for Camry because they believed its durability and “impressive presence.”

But, the leadership and some older members were said to have chosen the Peugeot 508 for the fact that it was assembled in Nigeria.

The source said, “Their position is that this is in the spirit of ‘made in Nigeria.’ They are looking at growing the Nigerian economy. They also feel this is a way of creating more job opportunities for Nigerians by buying locally-assembled cars.”

When SUNDAY PUNCH sought the confirmation of the information from the Chairman, House Committee on Media and Public Affairs, Mr. Abdulrazak Namdas, he confirmed that the lawmakers had yet to decide on the brand of cars to buy.

Namdas also confirmed that no cars had been ordered yet because the budget of the House could not accommodate cars this year.

He said, “On the issue of cars, there is no agreement on it as we speak; the reason is because we want to be prudent as a House that is mindful of the economic realities of the country.

“We will decide on the brand of cars to buy when the 2016 budget would have been passed and we know what is made available to the House. So, no cars for now.”

The Leader of the House, Mr. Femi Gbajabiamila, also confirmed to SUNDAY PUNCH that he was aware that “utility vehicles” would be bought for committee duties.

“I am not aware of cars for members, but I am aware of utility cars for the committees,” Gbajabiamila stated in a terse response to inquiries by SUNDAY PUNCH.

It was gathered that the 360 units were aside additional units to be procured for the services of the Speaker, Mr. Yakubu Dogara; the Deputy Speaker, Mr. Yussuff Lasun; Gbajabiamila and other principal officers of the House.

http://www.punchng.com/choice-of-exotic-cars-divides-reps/

Editorial on: December 16, 2015
•In view of the deluge of allegations involving corruption in his era, the former president owes it to Nigerians to explain his role

In the past month, Nigerians have been besieged by a surge of sleaze. The panel, led by Air Vice Marshal John Ode, has unearthed stories of alleged corruption in high places. It has revolved around the office of the former National Security Adviser (NSA), Sambo Dasuki, involving about several billions of naira.

The narrative has evolved as a theatre of accusations and recriminations, about full-throated defences, protestations of innocence, explanations hiding under veils of technicalities, half-confessions overcast by shadows of regret, epistolary flourishes marked by aggressive assertions and the bandying about of figures.

Whether during arrests, or through supine visages in court or defiant poses on newspaper pages or electronic media, the persons involved in this still unfolding drama have further desecrated the cathedral vista of government office. They have brought the dignity of public service down to a farce of thieving.

Many persons were on the take. Many contracts defied the minimal rules of civilised transactions. The money disbursed in the name of national security fulfilled any imaginary purpose from online fantasy to religious ecstasy.

What is baffling in this cacophony of iniquity is the inscrutable silence of the principal actor in the regime: ex-President Goodluck Ebele Jonathan. To be fair to the former Nigerian leader, he uttered a rebuttal on the onset of the allegations.

Hear him: “I did not award any $2 billion contract for the procurement of weapons. Where did the money come from?” he asked at the Centre for Strategic and International Studies in the United States. Showing how he felt about the welter of allegations, he said, “Sometimes I feel sad when people mention these figures.”

President Jonathan also adverted to figures cited by the President Buhari Muhammadu administration after a visit to the U.S barely a month after he assumed office. “When the president paid official visit to the US, there were some figures that were mentioned that I don’t believe.” He referred to “$150 billion American money” reported to be missing, adding rhetorically, “and Americans will not know where it is?” He felt the allegations were not pelted at his administration.

This was November 19, 2015. In the flush of the first few days of the allegations, ex-NSA Dasuki also presented an exterior of innocence and victimisation. He issued a statement that seemed sturdy and beyond reproach. He said he was made NSA on June 22, 2012 while the allegations dated from March 2012. He explained that “all contracts and accruing payments were with the approval of the President and Commander-In-Chief of the Armed Forces. Once the President approved, the NSA paid.” He added that “there was due process for every purchase in line with regulations guiding arms procurement for the armed forces.”

He noted further that “Nigerians should note that all the services generated the types of equipment needed, sourced for suppliers most times and after consideration by the Office of the NSA, the President will approve application for payment.”

He boasted that “I am ready for trial on all the allegations in order to prove to Nigerians that I did nothing untoward.”

Weeks after though, the picture seems to have changed. Its web has enveloped quite a few politicians, business men, the media, etc. Confessions have erupted from the lips of some of those who collected money direct from the Office of the NSA. For instance, the former chairman of the African Independent Television, or AIT, confessed to collecting the sum of N2.1 billion. His son defended the contract by saying former President Jonathan and former Vice President Namadi Sambo were present at the moment of approval. Was that what the NSA characterised as due process? Another absurd part of the story was the confession and revelation that N4.6 billion was disbursed to a former governor of Sokoto State, Attahiru Bafarawa, for religious purpose. The president of the Newspaper Proprietors Association of Nigeria (NPAN, Nduka Obaigbena, confessed to receiving N670 million as compensation for newspapers that suffered damages when the military impounded their products last year, and also for the bombing of his office building in Abuja by Boko Haram insurgents in 2012.

Ambassador Bashir Yuguda, a former minister of state for finance, said he dished out N100 million each to leaders of the People’s Democratic Party (PDP) across the country, but the drama spun into an absurd light when some denied, including Bode George. George said the sum was inflated while Jim Nwobodo knew about the disbursement not from Yuguda but from party chairman Adamu Muazu. He claimed that when it fell on his laps, it was N500 million and he distributed it to the five governors of the southeast.

We cannot ignore former finance minister Ngozi Okonjo-Iweala and her confession. She wrote that the sum of $322 million was approved by President Jonathan before she conveyed the princely sum to Dasuki for the war on terror. The minister who claimed a regime above board has not explained how the sum was disbursed and why she raised no eyebrows while our soldiers starved and died in spite of the large allocation.

What this shows is that this is no more a fairy tale series of allegations. From the confessions, it is clear money passed from the office of the NSA, and princely sums at that. It refutes the NSA’s claims that they were unleashed on the war on terror, given the purposes for which some of the money was disbursed. Why, for instance, would a former governor collect N4.6 billion for spiritual reasons?

It is also questionable if these sums passed through the due process. Where were the certificates of incorporations of the companies, particulars of directors, tax clearance certificates from 2011, letters of award of contracts, invoice of supplies or services, evidence of payment so far and outstanding balances, personal income tax clearance certificates of directors, etc.?

The presences of party bigwigs in this unfolding narrative revealed that national security may have been the bogey man for this liberal shower of corruption. Is it true as some of the confessions have implied that national security was a guise to funnel slush funds for political campaigns?

What this betrays is a fundamental cankerworm in our body politic, and this is not restricted to the PDP. The perception of public funds as the entitlement of the power-that-be has turned our patrimony into a battleground. Any party or person in power uses the advantage of public funds to energise political campaign, pay off loyalty and overwhelm the opposition.

Now, the former president denied the allegations at the beginning, probably hoping the matter would die like a suffocated cat. But since the damning revelations, outcries of condemnation and sighs of disgust in the civil society, the principal player of the era, President Jonathan, needs to come clean about what he knows. If he knew nothing, then he was not in charge. But how could such huge sums of money move out of the government coffers without the knowledge of the chief accounting officer in government?

When he said he did not “believe” it, did he mean it was a lie or he wondered if it was true. If a former president spoke in such terms of ambiguous indignation, we have reason to wonder how he governed the country in about six years.

That is why he ought to unveil a methodical defence of all the allegations, even if the president is not willing to put him in the dock.

http://thenationonlineng.net/jonathans-silence/

BY SAHARAREPORTERS, NEW YORK DEC 15, 2015
A source at Kuje Prison in Abuja told SaharaReporters that detained owner of African Independent Television (AIT), Raymond Dokpesi, was being held in an office at the prison in order to avoid the possibility of his being assaulted by inmates at the facility.

Mr. Dokpesi is being held at Kuje Prison pending the time he meets his bail conditions. “Chief Dokpesi arrived at Kuje Prison at 4.55 p.m. yesterday and was taken straight to the office of the officer in charge,” said our source. Justice Gabriel Kolawole had granted bail to the AIT proprietor, but ordered him remanded in prison until he meets bail conditions.

The conditions include two sureties at N200 million each. Our source stated that inmates at the prison were expected when they learned that Mr. Dokpesi would be spending some time at the prison.

“Upon sighting Chief Dokpesi, most of the inmates became anxious to see him,” said the source. He added: “But we decided to keep him in the office of the officer-in-charge to prevent the prisoners possibly hurting him. That’s why we are shielding him from [the inmates].”

Our source disclosed that Mr. Dokpesi seemed downcast when he was brought into the prison.

The AIT proprietor is standing trial on a six-count charge of money laundering and other fraud-related crimes. Prosecutors allege that he received N2.1 billion from former National Security Adviser (NSA), Sambo Dasuki, in order to air presidential campaign material for former President Goodluck Jonathan of the Peoples Democratic Party (PDP).

Mr. Dokpesi is standing trial ‎alongside ‎his firm, DAAR Investment and Holdings Ltd, corporate owners of AIT and Raypower FM, a radio station.

http://saharareporters.com/2015/12/15/dokpesi-shielded-detention-avert-assault-inmates

Ex-PDP National Chairman rubbishes own party, canvasses support for Buhari
December 14, 2015Premium Times

A former National Chairman of the Peoples Democratic Party, Okwesilieze Nwodo, has urged Nigerians to have faith in President Muhammadu Buhari and give him time to implement his campaign promises.
Mr. Nwodo told newsmen in Umuahia that the president needed time to formulate policies and execute programmes to tackle the myriads of socio-economic challenges currently plaguing the nation.
[b]He said: “The president came in with tremendous goodwill. It’s not easy in the Third World for an opposition party to defeat a sitting government.
“So for Buhari to have done that shows the measure of goodwill he came to office with.
“Secondly, I believe that what he promised our people was something that was timely; I’m of the PDP but that government had reached a point of impunity.
“The level of impunity is being shown by the investigations that are going on indicating that we needed somebody who promised us that he was going to fight corruption and to bring sanity to government expenditure.
‘’I’m one of those who believe that no Nigerian should go to bed hungry and that this country has enough resources to feed us and to provide enabling environment to achieve our God-given talent.
‘’But when government’s resources are so plundered as they have been done by other administrations, you can see that the waste in governance has made it impossible for Nigerians to reach their manifest potential.
‘’So when a president is coming on board and promises that he is going to fight corruption and people voted, so these are the two big credentials that the president came on-board with.
‘’They are not things that can be achieved overnight. The problem is that we have suffered so long that Nigerians have become impatient.
‘’They want to be removed from the fire they are in today by tomorrow but government doesn’t work like that.
‘’It takes time for policies to be formulated and to be implemented, so what I want to plead with Nigerians is to give the president time.
‘’I believe he has brought in a solid team of ministers to help him and this is the time the work now starts.
“Let’s pray for him, let’s wish him the best and hope that he will be able to fulfil those promises he made to us.’’[/b]
Mr. Nwodo also canvassed the need for the Federal Government to implement the report of the National Conference, saying this would help to reduce social tension in the country.
He further said that the report of the conference, if implemented, would enthrone and strengthen true federalism in the country, saying that Nigeria was currently practising a unitary system in a federation.
Mr. Nwodo also said that true federalism would ensure competitiveness and self-reliance among the federating units, adding that under the defunct regional system, the regions and the country fared better.
He expressed regrets that the sharing of monthly allocation from oil revenue had discouraged the states from harnessing other natural endowments.
Mr. Nwodo, a former governor of Enugu State, urged state chief executives to look inwards on how to enhance their internally generated revenue.
He commended the current efforts of the Federal Government toward reviving the moribund refineries and building new ones.
The country, he said, would continue to experience scarcity of petrol as long as it relied on importation to meet local consumption.
Mr. Nwodo, who was conferred with the Honorary Doctor of Science degree by Michael Okpara University of Agriculture, Umudike, Abia on Saturday, advocated the setting up of Education Trust Fund at the state and local government levels.
He said that such an initiative would complement the Federal Government’s efforts in tackling the infrastructure deficit in public schools in states and local government areas.
(NAN)
http://www.premiumtimesng.com/news/top-news/195156-ex-pdp-national-chairman-rubbishes-own-party-canvasses-support-for-buhari.html

In deceitful, laughable defence, Senate says 109 senators need N4.7billion cars for Committee shuttle
December 13, 2015 Sani Tukur

The Nigerian Senate has responded to a PREMIUM TIMES exclusive report exposing its plan to illegally spend an estimated N4.7 billion on exotic cars for its President, Bukola Saraki, and 108 other members.
In a statement by its spokesperson, Aliyu Abdullahi, on Sunday, the upper legislative chamber claimed the vehicles being procured were for committee assignments.
“The vehicles are not meant for individual Senators,” Mr. Abdullahi said. “They are purchased for the use of the committees.”
Mr. Abdullahi did not explain the kind of committee work that demands each of our 109 senators to have individual cars.
He also did not say what the Senate plans to do with the 11 cars that would be left after the 120 cars are distributed to Senators.
Committees of the National Assembly are known to travel for oversight duties in buses, and not in individual cars.
Those who should know have told PREMIUM TIMES that the purchase of the cars in the guise of buying it for committees is a ploy to circumvent the monetisation policy of government which forbids the purchase of official cars for public officials.
Under the policy, no new vehicles should be purchased by any agency of government for use by public officials.
Rather, public officers and political office holders are to receive 250 per cent of their annual basic salary as motor vehicle loan, which translates to N5.07 million for each senator.
Our sources at the National Assembly said the Senators got these loans before also proceeding to acquire these new Toyota Land Cruisers.
The Senate spokesperson also said the cars in Mr. Saraki’s convoy are so old that they are begging for replacement.
Yet PREMIUM TIMES learnt the cars were only supplied shortly before the end of the last legislative session in June.
Mr. Abdullahi did not also explain why 10 cars were being bought for Mr. Saraki when the law only provides for six cars for him.

Read full statement by the Senate below.
PROJECT VEHICLES FOR COMMITTEE WORK, SAYS SENATE
The Senate today (Sunday) dismissed the reports by an online medium, Premium Times seeking to present the upper legislative body as insensitive for proposing to purchase vehicles for the use of members, as it stated that the project vehicles that are to be purchased are meant for the execution of committee assignments.
In a statement by its spokesperson, Senator Aliyu Sabi Abdullahi, the Senate said the automobiles are part of the necessities which the institution usually provide to committees to enable them function without depending on external bodies for effective performance of oversight functions.
“The vehicles are not meant for individual Senators. They are purchased for the use of the committees.
“For those who may want to find out what happened to the ones bought in the past, we cannot expect that after four years, the vehicles will still be in the condition to effectively serve the present committees. The best practice in government institutions and even private organizations is for official vehicles allocated to top officials after four years of use to be sold at the depreciated value”, Abdullahi stated.
“We have been very frugal, responsive and responsible in our spendings. We have also cut down on several expenses. However, there are certain expenses and purchases that are normal in government and any organisation generally. The legislature is not an exception.
“With respect to the official vehicles of the Senate President, it should be noted that majority of the vehicles in his convoy are his personal vehicles while some of the vehicles that he inherited, including his official vehicles and the back up car, are so old that they are already developing faults and not fit for long journey. We can recall that on several occasions, his official car broke down. Three instances will suffice here. I remember on a visit to Nasarawa state for a wedding of the daughter of a colleague. Other occasions were at the National Mosque three weeks ago and at the Abuja airport.
“The implication is that the vehicles in his official convoy are so old that they are already causing embarrassment for the Senate. The media should know that a man of his antecedent will not at this point be excited with purchase of new cars. His official cars are really long overdue for replacement.
“The media should avoid deliberately portraying the legislature as irresponsible and inciting the people against it. We seek the understanding of the media to explain issues and situations to the people. Both the media and the legislature have different roles to play in sustaining our democracy and none should be seen to be undermining the other”, Aliyu stated.
Signed
Senator Aliyu Sabi Abdullahi
Chairman, Senate Committee on Media and Publicity.

http://www.premiumtimesng.com/news/headlines/195125-in-deceitful-laughable-defence-senate-says-109-senators-need-n4-7billion-cars-for-committee-shuttle.html

DasukiGate: Guardian Newspaper disowns Obaigbena, NPAN
December 13, 2015 Hassan Adebayo

One of Nigeria’s oldest surviving newspapers, The Guardian, has distanced itself from the multi-million Naira scandal involving Nigerian newspapers and the former National Security Adviser, Sambo Dasuki.
The Newspapers Proprietors Association of Nigeria, NPAN, had confirmed a statement by its former chairman, Nduka Obaigbena, that N120 million he received from Mr. Dasuki was meant for 12 newspapers including Guardian.
The NPAN, in a statement on Saturday by its Executive Secretary, Feyi Smith, said the association agreed at a March meeting to distribute N10 million each from the N120 million to the 12 newspapers affected by a military clampdown on print media in June 2014 during the Goodluck Jonathan presidency.-
However, in an email late on Sunday, Alexander Thomopulos, the Chief Operating Officer of the Guardian said his newspaper never supported collecting the money from the government and did not receive any money.
Mr. Thomopulos said even though the Guardian incurred N450,000 loss as a result of the attack, it “stated categorically that we did not want any compensation.”
“Can you please explain how our name, Guardian newspapers, was part of the twelve (12) newspapers submitted to the Government for compensation?” he asked Mr. Smith in the mail.
“We are told that on the basis of the twelve names, the Association or some entity was paid N120,000,000.00.
“We share categorically that our stand remains the same, as it was in the beginning. Also we share categorically that the Guardian newspapers did not receive any money and did not ask for any money.”
Mr. Thomopulos did not say if the Guardian attended the NPAN Executive Council meeting of March 17; and an email seeking further clarification from him was not responded to.
By Mr. Thomopulos’ mail, the Guardian joins the list of other newspapers who have stated that they did not receive the N10 million.
The four other newspapers were African Newspapers of Nigeria (ANN) Plc, publishers of the Tribune titles; Peoples Media Limited, publishers of Peoples Daily; Daily Telegraph Publishing Company Limited, publishers of New Telegraph, Saturday Telegraph and Sunday Telegraph; and Independent Newspapers Limited, publishers of Daily Independent newspapers.
Mr. Smith had tried to explain why three of the newspapers were yet to receive the money.
“The cheques for the Nigerian Tribune and Peoples’ Daily remain in the Secretariat awaiting collection,” he said on Saturday.
“In the case of New Telegraph, the Secretariat was confronted with a situation where 13 Newspapers made claims while compensation for 12 newspapers was made. Blueprint Newspapers which was inadvertently omitted from the list has since been paid.
“When New Telegraph now demanded payment that had been collected by Blueprint Newspapers, the secretariat then brought the matter to the attention of the of the President, Mr. Nduka Obaigbena, who then called Governor Orji Kalu , the Publisher of both the Sun Newspapers (who had been paid) and the New Telegraph (which has not been paid), to urge him to be patient for the matter to be tabled at the next Executive Council meeting, where he would seek the approval of the EXCO to take the funds earmarked for the Secretariat to pay them,” he said.
Mr. Smith is yet to respond to a PREMIUM TIMES’ enquiry on the Guardian’s stance.
The newspaper scandal came to the fore after Mr. Obaigbena, publisher of ThisDay newspapers, admitted receiving N680 million from Mr. Dasuki, who is accused of misappropriating over $2.1 billion while he was NSA; money meant to buy weapons to fight the Boko Haram terror group.
Mr. Obaigbena told the anti-graft agency, EFCC, that Mr. Dasuki paid him N670 million as compensation for the Boko Haram bomb attack on ThisDay office, and an additional N120 million on behalf of the 12 newspapers.

http://www.premiumtimesng.com/news/headlines/195108-dasukigate-guardian-newspaper-disowns-obaigbena-npan.html

December 12, 2015 1 2981
Dayo Oketola, Chukwudi Akasike and Gbenro Adeoye

Some groups have called on the Economic and Financial Crimes Commission and other anti-graft agencies to pick up former President Goodluck Jonathan for questioning over the $2bn arms deal scandal.

This is coming after the arrest of some persons allegedly involved in the misappropriation of the funds meant for the purchase of arms to strengthen military might in the fight against insurgency.

Former National Security Adviser, Col. Sambo Dasuki (retd.), former Sokoto State governor, Attahiru Bafarawa, and Chairman of Daar Communications Plc, Chief Raymond Dokpesi, and others have already been arrested in connection with the alleged crime.

The EFCC had also filed various charges bordering on fraud and money laundering against the suspects.

The groups, therefore, argued that Jonathan should also be held accountable for alleged crimes of the suspects as the President of the country at the time.

The Coalition of Northern Politicians, Academics, Professionals and Businessmen said there were many questions begging for answer which Jonathan and the immediate past Minister of Finance, Dr. Ngozi Okonjo-Iweala, should give answers to.

Its Convener, Dr. Junaid Mohammed, also questioned the allocation of public funds to the office of the NSA, which he described as only playing an advisory role and lacking in operational powers.

He described spending of the said public funds without due approval by the National Assembly as a “criminal offence.”

He said,[b] “It is a major international scandal, national disgrace and embarrassment. Given the fact that Jonathan was the one in charge, whether effectively or not is beside the point, if he is found to have been complicit in the bastardising of our national treasury, he should be called in to answer questions, whether the EFCC goes to him or he is physically called in to the agency’s office.

“They should go to him wherever he is, whether in this country or outside. He should be questioned. If the need arises for him to be questioned again and again and again, the EFCC should not hesitate to do so. I believe Nigerians are angry that so far, he has not answered any question.

“The last time he commented on it, he was in the United States, and he said the money was too much. If he has his own figures, he should give out the figures he has to the EFCC, the Department of Security Services and those investigating the case. If he doesn’t show contrary figures, he has no business disputing the ones available.

“The fact that the office was bastardised by this Dasuki fellow and other people to be awarding contracts and financing the campaign systems of the Peoples Democratic Party shows that there was something fundamentally amiss. And we now have to dig to the very bottom and we cannot get to the bottom without questioning Jonathan.

“Also, under our system and this is in the constitution, money which has not been appropriated cannot be spent. It is a fundamental principle of financial management in a democratic government. But the money Dasuki and others spent was not appropriated by the National Assembly.”[/b]

Coordinator, Federation of Middle Belt People, Mr. Manasseh Watyil, said Jonathan as the Chief Executive Officer of the country at the time should be held responsible for the alleged atrocities that went on in his government.

He also accused the former president of spending without due appropriation by the National Assembly.

He said, “As far as the middle belt is concerned, Jonathan had his lapses. I believe that the money was given to Dasuki out of the security vote. So Jonathan should be questioned. He needs to be questioned because there was no check and balance in his tenure.

“He allowed his officials to do whatever they felt like doing and that is why they ran into this problem. The National Assembly was supposed to know about it if there would be any procurement of arms or weapons and the lawmakers should have approved it before the disbursement of the funds.

“We need to know the source of the money. Where did the money come from? The former President is supposed to be held responsible because he was the Chief Executive Officer of the country. So for any mismanagement, he should be held accountable.”

National Publicity Secretary, Arewa Consultative Forum, Alhaji Mohammed Ibrahim, who accused Jonathan of giving undue power to the former NSA, said that grilling the former President over the issue would teach his successors a lesson.

He said, “I think it is very necessary (to question Jonathan) so that it will be a lesson for other presidents that they should not leave everything to their special advisers.

“If it is found that the President has some questions to answer, there is nothing bad in it. It is being done all over the world. And as a president, you must take responsibility for actions taken during your regime. The former President was informed because he had people who gave him candid opinions about what was going on, but he pretended that nothing was going on then. He thought that every criticism was sponsored by the opposition.”

Mohammed, however, urged the Federal Government and anti-graft agencies “not to allow politics to influence the investigation.”

In addition, the Afenifere Renewal Group, a Yoruba socio-political group, described the scandal as an “offence tantamount to genocide, treason, war crime and crime against humanity.”

Its Publicity Secretary, Mr. Kunle Famoriyo, said that Jonathan should be made to give account to Nigerians of how the funds meant for purchasing ammunition were allegedly diverted to other uses.

Famoriyo said the alleged greed of those involved in the scandal caused the death of thousands of Nigerians, including soldiers and would have also caused the execution of some hundreds of other soldiers who were tried for mutiny.

He said, “It is an abuse of power by whoever was in charge. There is no way that Jonathan will not be affected because what we have now is insensitivity by a government that was in power.

“It was an abuse of power for them to be spending public funds that way to the degree that one person (Dasuki), was given such huge amounts of money when he was not a government ministry. Jonathan must come to give account to Nigerians about how he managed the funds of the country because many Nigerians were killed by Boko Haram.

“It is tantamount to genocide, crime against humanity and treason because Nigerians were killed satanically in their thousands.”

[b]In the same vein, the Chairman, Niger Delta Civil Society Coalition, Mr. Anyakwe Nsirimovu, said that since Jonathan was the President when the arms deal scandal occurred, it was imperative for him to give account to Nigerians.

Nsirimovu said the issue of whether to arrest the former President to give account for the money released for the arms deal or not should not be viewed with ethnic sentiments.

He added that since Nigeria was a democratic country, where the rule of law should remain supreme; there was nothing wrong with the arrest or invitation of a former President for questioning.

He said, “I don’t want us to look at the issue from an ethnic or zonal angle. We should approach it from the rule of law, which is supreme. The essence of democracy as opposed to tyranny is that those who take the mantle of leadership should be accountable to the people.

“Under a democracy, if you infringe upon the law, you are expected to explain yourself. So, as long as due process is concerned, if Jonathan is expected to account for what happened while he was the President, his explanation is to Nigerians and not Buhari.

“The amount of money in the arms deal matter is enormous and as of the time the incident happened, he was the President. So, Jonathan owes Nigerians some explanations.”[/b]

However, the National Coordinator, Niger Delta Youth Parliament, Chief Imoh Okoko, said it would be wrong for any person to seek the arrest of former President Jonathan over the matter.

Okoko maintained that the former Minister of Finance, Dr. Ngozi Okonjo-Iweala and the ex-National Security Adviser should be the ones to tell Nigerians how funds meant for the purchase of arms were expended.

He said, “Jonathan should be left out of all these. He should not be arrested for the offence that others may have committed. The former NSA and the ex-minister of Finance should tell Nigerians how they managed the funds.”

In his reaction, the spokesperson for the Ijaw National Congress, Mr. Victor Borubo, described the call by some northern groups for the arrest of former President Goodluck Jonathan over the arms deal scandal as provocative and silly.

Borubo, who spoke with one of our correspondents, advised that anybody who committed a crime should be made to face the punishment, adding that nobody would succeed in tarnishing the image of the ex-President.

He said, “The attempt to bully Jonathan will not work. Nobody can tarnish his image. It is a pity that rather than face their business, they (northern groups) are chasing shadows by trying to destroy the character of a good man.

“The call by some of the northern groups is provocative and very silly. If any person is said to have committed any crime, that persons should be arrested. If crimes are committed under (President Mohammadu) Buhari, would anybody say Buhari should be arrested?”

However, the President General of Ohanaeze Ndigbo, Gary Enwo-Igariwe, said he would not be able to react immediately to the matter as he was just coming from South Africa and had no full detail of the call to question the ex-President.

http://www.punchng.com/northern-groups-to-efcc-dss-quiz-jonathan-on-2bn-arms-deal/

BY SAHARA REPORTERS, NEW YORK DEC 09, 2015

The House of Representatives Committee on Public Petitions has threatened to abandon the probe into the alleged N10 billion bribe against the Chairman of Code of Conduct Tribunal (CCT), Danladi Umar, as petitioners asked for a time extension to enable them submit documents to substantiating their claims.

The Committee Chairman, Abonta Uzoma, made this revelation at the second sitting of the committee when a representative and spokesman of the Anti Corruption Network, Olusegun Abereoran asked the committee for more time to submit their brief and other documents as requested for by the committee. He also promised that Executive Secretary of the Network would be available in person to make the presentation.

Abonta said that the committee would be left with no other option than to abandon and discontinue with the petition if the petitioners failed to show up on the next adjournment date. He expressed displeasure about the delay tactics being played by the petitioners saying that justice delayed is justice denied.

Speaking earlier, the Chairman of the CCT, Danladi Umar expressed disappointment in the way and manner the petitioners are not showing seriousness toward the petition. Umar asked the committee to abandon the petition saying that he has taken time to honor the invitation of the committee two times." I want to tell the committee that I have judgments to deliver which are pending and other administrative work to attend to. I will suggest that this petition should be abandoned because these people are not serious."

After a few minutes of consultation among the members of the committee the prayer of the petitioner was granted as request and the Chairman pleaded and appealed to both parties to be patient as he adjourned to Tuesday, 15th December.

http://saharareporters.com/2015/12/09/n10million-bribe-committee-threatens-abandon-petition-against-cct-chairman-petitioners

The ‘Security Scare’ at MMIA, By Dele Agekameh

The day was last week Wednesday, December 2, 2015. And the scene was at the local wing of the Murtala Muhammed International Airport, MMIA, Ikeja, Lagos. On that day, Medview Airline’s Flight No 2108, which was heading to Maiduguri, the capital of Borno State enroute Abuja, had called its passengers for boarding at about 11:15 a.m. Within minutes, the intending passengers had taken their seats. My seat was No 01F.

After observing all pre-departure formalities, the aircraft started taxiing on the active runway for final departure.

Suddenly, a female member of the cabin crew broke protocol. She stood up from the crew’s seat and hurriedly walked past the Business Class cabin and headed straight for the window by the front row of the aircraft. She peeped through the glass window and then quickly walked back towards the cockpit’s door. The only male crew member on the flight then followed her to the spot where she had earlier peeped through. At this juncture, many passengers left their seats to join the crew members in the peeping game. It was obvious that something was amiss. Commotion took over as both the passengers and the crew were now visibly apprehensive.

In the ensuing confusion, the pilot hurriedly brought the aircraft to a halt but the engine was still running. By this time, the news had gone round the aircraft that someone, a man, holding a polythene bag, had been spotted running after the aircraft as it was taxiing.

The news sent cold shivers through the spines of the passengers as more passengers surged forward looking terrified. One particular passenger, a bald-headed young man in his early 40s, started shouting on top of his voice and knocking furiously at the cockpit’s door. All attempts by the attendants to calm him down were rebuffed as he kept on saying: “Let me get down. Let me get down”.

He then relapsed into a brief soliloquy: “I am coming from the United States and I am going to Maiduguri just to get a document. I don’t think I want to go with this aircraft any longer. My life is more precious to me,” blah, blah, blah! Some other passengers soon joined him at the entrance to the cockpit demanding that the pilot should head back to the departure hall.

The pilot finally emerged from the cockpit and tried to calm the incensed passengers. He told them that when he spotted the man carrying a polythene bag and running after the aircraft, he had quickly alerted the control tower on his observation and requested for aviation security personnel. But lo, no airport security personnel whether FAAN, Police, Airforce or any personnel from the surfeits of security agencies at the airport showed up in the first 20 minutes in which the whole aircraft was engulfed in confusion and panic. When someone finally showed up, he was like one of the airlines’ officials who usually give signals to pilots on take-off and landing. He merely strolled in and did not betray any emergency emotions at all.

Anyway, by the time the lone airline personnel later resurfaced from underneath the aircraft, he was followed by a half-naked young man, possibly in his late 30s, with bruises all over his body.

He had a trouser on but no shirt, no shoes. The skin of his stomach, chest and back, had peeled off, making him to look like someone who had been partially roasted in a furnace. To the surprise of all the passengers, the airline personnel, neither attempted to get the “intruder” arrested, nor call for reinforcement.

The intruder simply walked away. As he walked away, the airline personnel signaled to the pilot to continue the journey. This enraged the passengers who insisted that the journey should be aborted because of doubts over their safety. The major worry to the passengers was the fact that, though the intruder had been fished out, the bag he was carrying was nowhere to be found. Besides, the fact that no attempt was made to arrest him as he strolled away from the scene, further infuriated the passengers.

The pilot tried to persuade the passengers that there was no cause for worry. He told them that in order to ward off the intruder, he had deliberately increased the speed of the engine and it was the subsequent heat emission from the aircraft that burnt the upper parts of his body. He also said that the bag he was carrying might have been blown away in the process. But the passengers ignored his epistle and stood their ground. The pilot eventually buckled. It was right on the runway there that a landing stairs was provided to allow the passengers to disembark.

It was then I noticed about 10 Federal Airports Authority of Nigeria, FAAN, security men and an Airforce Sergeant or Staff Sergeant at the scene making calls. When I moved near the Airforce personnel to ask him why no security personnel at the airport responded quickly to the distress call, he kept the cell phone glued to his ear and pretended not to notice my presence.

But I was determined, so I waited. From the conversation he had with the person on the other end, it was a mere family discussion. When he was done, he simply said: “Eh..hen, what did you say?” I shook my head in disbelief and walked away from him.

All the passengers went back to the departure hall where they were kept waiting for more than three hours. We finally boarded another aircraft, Flight 2104, which was a combined flight, at about 3:20 pm with Captain Otobo in command. That flight also had its own problem which almost resulted in fisticuffs as the number of passengers far exceeded the available seats.

However, the following day, the story that appeared in the newspapers was at variance with what really transpired. The statement issued by the FAAN, read: “Vigilant aviation security staff of FAAN, apprehended one Mr. Alabibu Olushola, who was attempting to stow away in a taxiing aircraft on the tarmac of the Murtala Muhammed International Airport, Ikeja. The culprit was arrested as soon as he scaled the perimeter fence near the moving aircraft and after interrogation he was handed over to the police.” FAAN said the intruder was quickly apprehended as soon as he scaled the airport’s perimeter fencing. That was a white lie. Also, his purported arrest later was only an afterthought. The story was either doctored by FAAN or a dummy was deliberately sold to the public to cover up the inexcusable security lapses at the airport. The questions are: Would somebody want to stowaway to a place like Maiduguri at this time when bombs are dropping over there like ripe oranges? Why is it that no other person except the pilot noticed the intruder on the runway? Is the runway that close to the perimeter fence of the airport?

If the incident at the MMIA is taken as a yardstick, then it is clear that Nigerian Airports are a disaster waiting to happen. In these days of Boko Haram and security breaches all over the place, if the intruder had had the intention of wreaking havoc on the aircraft and its passengers, he could have easily achieved that sinister motive. From what I personally witnessed on that day, though I am not a prophet of doom, a major disaster is lurking around the nation’s airports. It is not a question of if it happens, it is certainly waiting to happen, unless security is drastically improved around the airports.

The airports are too porous. There is no security. The security personnel there are more interested in the money they can make than providing foolproof security. Perhaps, it is only God that has been protecting passengers at these airports. Like OBJ once said: “Me, I dey look o!

http://blogs.premiumtimesng.com/?p=169932

ECONOMIC AND FINANCIAL CRIMES COMMISSION DEC 08, 2015

Joy-Ochonu Idoko, a prosecution witness in the ongoing trial of Peter Amromanoh, Executive Secretary Delta State Scholarship Board and his accountant, Andrew Boji Nkwor before Justice F. N Azinge of the Delta State High Court sitting in Asaba by the Economic and Financial Crimes Commission, today told the court how the accused persons opened 28 fake bank accounts through which bursary payments meant for bona fide students of Delta state origin were diverted.

At the resumed hearing of the case Tuesday, the EFCC, through its counsel, Steve Odiase, presented three witnesses: PW1, Chief Emmanuel Aworo, the software engineer/consultant engaged by the board to computerize and automate its system for easy access by all Delta students ; PW2, Eloho Otiede, a staff of Keystone bank (former Bank PHB) and account officer of the first accused and the state scholarship board, and PW3, Joy- Ochonu Idoko a Senior Detective Superintendent with the EFCC.

While being led in evidence by Odiase, Idoko told the court how investigation by the Commission into a petition alleging fraud in the disbursement of Delta State Scholarship funds, discovered that some of the touted beneficiaries were not real. "In total about 3,567 names were found to be fake...from the banks we discovered upon analyses that, about N1.55billion and some fractions was released to the board by the Delta state government, N771.7m was disbursed to benefiting students as bursary. About N38.7m was said to have been expended for administrative purposes, while N24m could not be accounted for," Idoko revealed.

Investigations also revealed a flurry of activity in the personal account of the first accused domiciled in same bank within the period of 2009-2012, with withdrawals to the tune of N24 million through his account officer Eloho and cash deposits of about N19million.

Amromanoh could also, not explain investments running into millions fixed in joint account with his wife as the later claimed she was not aware of the fixed deposit in their names. Amromanoh’s earnings as revealed by his pay slips which were tendered in evidence could not explain the source of the funds in question.

Prosecution tendered and the court admitted in evidence, despite vigorous objections from APA Ogefere counsel to the accused persons, various documents which includes; Statements of the accused persons, letters sent to various institutions (University of Port Harcourt, Adekunle Ajasin University, Delta State University, Universities of Benin & Maiduguri, Federal Polytechnic Offa, and the Institute of Management Technology, Enugu) and their responses.

Justice Azinge then adjourned the hearing to December 9, 2015.


Wilson Uwujaren

Head, Media & Publicity

8th December, 2015

http://saharareporters.com/2015/12/08/how-delta-scholarship-board-scribe-diverted-millions-bursary-payments-–-witness

BY ECONOMIC AND FINANCIAL CRIMES COMMISSIONDEC 08, 2015

The trial of former Benue State governor, Gabriel Suswan, and his Commissioner for Finance, Omodachi Okolobia, commenced today beforeJustice A. R. Mohammad of the Federal High Court sitting in Maitama Abuja, with a prosecution witness telling the court how Suswan ordered the sale of Benue State-owned shares through Elixir Investment Partners Limited, a stock brokerage firm.

Both Suswan and Omodachi are being prosecuted by the Economic and Financial Crimes Commission, EFCC, on a nine-count charge bordering on money laundering, abuse of office and obtaining by false pretence to the tune of N3.1 bn.

Suswan and Okolobia were alleged to have diverted the proceeds of the sale of shares owned by the Benue State government and Benue Investment and Property Company Limited.

The offence is punishable under Section 15, Sub-section 3 of the Money Laundering (Prohibition) Act as amended in 2012.

At today’s hearing, prosecution witness, Junaid Sa’id, an operative with the EFCC, told the court how the Commission had swung into action upon receipt of a petition against the accused persons.

Led in evidence by Counsel to EFCC, Rotimi Jacobs, SAN, Sa’id said: “After the Commission received a petition on July 14, 2015, both the staff of Benue Investment and Properties Company (BIPC) and Elixir Investment Partners Limited were invited for interrogation. Investigation revealed that Suswan had requested that shares owned by Benue State be sold for the sum of N 10bn.

‘‘Thereafter, Elixir Investment Partners Limited was appointed as stock brokers to carry out the sale of the shares. Elixir realised over N9bn from the sale of the shares and was directed to make payment into three accounts. Subsequently, the sum of N1bn was directed to be paid to Benue Investment Properties Company and the balance into two separate accounts in favour of Benue State Ministry of Finance.’’

According to him, when payment was to be made by Elixir to one of the Benue State Ministry of Finance accounts, it was discovered that the account belongs to Fanffash Resources.

‘‘Okolobia directed Elixir to pay the money into Fanffash Resources account,’’ he added.

Speaking further, Sa’id told the court that letters were written to Zenith Bank Plc, requesting for the mandate and account statements of Benue State Ministry of Finance and Fanffash Resources.

He added: ‘‘it was revealed that over N5bn was paid into the Benue State Ministry of Finance by Elixir Investment Partners. A total of N3, 111, 8000, 18.5k was paid into Fanffash account domiciled with Zenith Bank Plc.

‘‘Also, when a letter of investigation was written to the Clerk of the House of Assembly to verify if the House, at any time, gave approval for the sale of Benue State Shares, the Clerk answered in the negative.’’

Sa’id also told the court that the owner of Fanffash Resources, Abubakar Umar, confirmed to have received the sum of N3, 111, 8000, 18.5k and converted same to the dollar equivalent, which amounted to $15.8.

According to him, Umar delivered the money in cash to the first defendant at his residence in Maitama, Abuja.

Sa’id also said that the second defendant, in his statement, confirmed issuing the directives for the payment made to Fanffash Resources and the Benue State Ministry of Finance.

Okolobia, according to Sa’íd, also confirmed that the first defendant gave the instruction for the payment to be made.

However, when prosecution counsel applied to tender the certified copy of the petition against the accused persons, counsel to the first defendant, Joseph Daudu, SAN, raised an objection, saying, “We are not comfortable with the certified copy of the petition.”

Reacting, Jacobs said: “The presumption of law is that the certified copy is as good as the original. Section 105 of the Evidence Act stipulates that copies certified can be tendered in place of the original.”

After listening to both counsel, Justice Umar, however, admitted the certified copy of the petition as Exhibit P1 and statements of witnesses as P2 for the first defendant (Suswan) and P3 for second defendant (Okolobia), since there was no specific objection raised by the defendant.

Other documents that were tendered and admitted as exhibits include: House of Assembly (P4), reply to the letter (P5) and the letter to Zenith Bank in relation to the two statements of account (P6).

However, counsel to the first defendant, Daudu, asked for adjournment to enable him study the documents tendered and cross-examine PW1, a position that was supported by the counsel to the second defendant, Audu Anuga.

The case has been adjourned to January 18 and 19, 2016 for cross-examination and continuation of trial.


Wilson Uwujaren

Head, Media & Publicity

8th December, 2015

http://saharareporters.com/2015/12/08/alleged-n31bn-fraud-how-suswan-hijacked-proceeds-benue-shares-witness

Posted By: Uja Emmanuelon: December 08, 2015
The Justice Kpojime Commission of Enquiry in Makurdi has heard how millions of naira were taken to Benue State ex-Governor Gabriel Suswam at the Governor’s Lodge in Makurdi, from the Ministry of Finance, without following due process.

The Government House Accountant, Mrs. Janet Aluga, told the commission that the Permanent Secretary, Ministry of Finance, Mrs. Ruth Ijir, on April 10 called her to go and collect N100 million from a bank for Suswam, which she did.

She said the permanent secretary asked her to deliver the money to the former governor, who stayed in one of the governor’s lodges, adding that after she collected the money, she handed it over to Suswam in the presence of the cashier, Peter Ochoga and Emmanuel Aorga, now retired.

Mrs. Aluga explained that usually, after approval of request from the government, monies were taken to the Permanent Secretary, Government House Administration, but in this case, there was a directive from the permanent secretary to give the cash to the governor.

The accountant said there were two ways the Government House used to receive money for expenditure, approvals and security votes from the Ministry of Finance or Bureau of Internal Affairs.

The witness admitted that the money she and her team gave Suswam was not acknowledged.

Another witness, Mr. Peter Ochoga, the Government House cashier from 2009 to date, confirmed that he received N50 million from James Agera of the Ministry of Finance and another N150 million from Zenith Bank, Makurdi and gave the money to the accountant, Government House.

He said they drove to one of the governor’s lodges and the accountant, Mrs. Aluga, entered the money and handed it over to ex-Governor Suswam.

The accountant of the Bureau of Internal Affairs from 2008 to May this year confirmed that she received N200 million from the Finance Ministry on behalf of the bureau on June 11, 2010, and handed it over to the then Permanent Secretary, Mr. Hinga Biem.

She said she did not know the purpose of the money.
http://thenationonlineng.net/i-took-n100m-to-suswam-says-accountant/

BY MODIU OLAGURO DEC 06, 2015
“There should be relentless exposure of and attack upon every evil man, whether politician or business man, every evil practice, whether in politics, business, or social life. I hail as a benefactor every writer or speaker, every man who, on the platform or in a book, magazine, or newspaper, with merciless severity makes such attack, provided always that he is in his turn remembers that the attack is of use only if it is absolutely truthful.” - Theodore Roosevelt in “The man with the Muck-rake.”

The spur-of-the-moment bill, which seeks to “prohibit frivolous petitions intended to report the conduct of any person of an investigation, inquiry or inquest without a duly sworn affidavit” would hasten our nation into the fold of closed societies. The bill looks harmless on the surface and sensible in its content, for it portrays the senators as individuals who are all out to sanitize a crassly polluted society.

Titled: “A bill for an act to prohibit frivolous petitions, and other matters connected therewith,” section 3(3) reads: “Where any person in order to circumvent this law makes any allegation and or publish any statement, petition in any paper, radio, or any medium of whatever description, with malicious intent to discredit or set the published against any person or group of persons, institutions of government, he shall be guilty of an offence and upon conviction shall be liable to an imprisonment term of two year or a fine of N4, 000,000,00.”

In 3(4), it says: “Where any person through text message, tweets, WhatsApp or through any social media post any abusive statement knowing same to be false with intent to set the public against any person and group of persons, an institution of government or such other bodies established by law shall be guilty of an offence and upon conviction, shall be liable to an imprisonment for two years or a fine of N2, 000,000.00 or both fine and imprisonment.”

Sponsored by one Ibn Na’Allah, who claims the “social media nuisance in this country is outrageous,” the bill is backed by almost - if not - all of the lawmakers for they claimed the social media has become a platform where Nigerians damage their reputations. One wonders what reputation the lawmakers have for even the unborn knows that the Nigerian senate and by extension, the House of Representatives remain as an unfortunate reminder of a foundational rot in leadership recruitment in Africa; their corruption, a blemish on everything democracy stands for; their worldview, fashioned in the constricting boundary of pockets and stomachs; and their blatant undermining of the laws of the land presents them as persons that are neither fit to rule themselves not to mention making laws to shape the present and future of a nation so in need of visionaries and selfless characters.

[b]The irony is why Nigerians who yearn for a media devoid of lies and propaganda would frown on such a bill. Let’s turn to the United Nations for an answer. Below is an excerpt of the 2012 address of President Barack Obama at the United Nations General Assembly on his views on the violence instigated by an anti-Islam video:

“Here in the United States, countless publications provoke offense…As President of our country and Commander-in-Chief of our military, I accept that people are going to call me awful things every day-- and I will always defend their right to do so.

“Americans have fought and died around the globe to protect the right of all people to express their views, even views that we profoundly disagree with. We do not do so because we support hateful speech, but because our founders understood that without such protections, the capacity of each individual to express their own views and practice their own faith may be threatened. We do so because in a diverse society, efforts to restrict speech can quickly become a tool to silence critics and oppress minorities.

“We do so because given the power of faith in our lives, and the passion that religious differences can inflame, the strongest weapon against hateful speech is not repression; it is more speech -- the voices of tolerance that rally against bigotry and blasphemy, and lift up the values of understanding and mutual respect…We recognize that. But in 2012, at a time when anyone with a cell phone can spread offensive views around the world with the click of a button, the notion that we can control the flow of information is obsolete.”[/b]

It is in this light that Nigerians have come to see this nauseating bill as a reminder of the disconnect of our leaders from the modern world – an indication of a wedge between Nigerian leaders and the led, legislative despots on one side and the rest of us on the other, and between men who see no other way of proving their mettle in public service than to muzzle dissenting voices and stifle free speech under the cloak of national security and defamation of character - all in a bid to providing a leeway to their continued castration of the Nigerian project.

This unbearable senate seeks to nurture via this repugnant bill, a climate of political sluggishness, academic slothfulness, and institutional lethargy among the people who are already fed up with the nation’s politics of underdevelopment. They hope to sustain an atmosphere of cowardice in the intellectual parlance thus reducing Nigerians to zombies, and Nigeria into a country – not of brain and brawn, but a sheep republic - that wherein the led are made to be onlookers in their fatherland while the leaders ruthlessly acquire that which belong to them and others, without no one bold enough to raise an eyebrow.

It is disturbing that our politicians are breaking their necks to disconnect the voice of the masses in this age of information. Like the hypocrite who cowardly steals bread at dusk, they’ve rushed to treat the bill as though their lives depend on it.

Let the bill become law and you’ll be appalled by how far these roguish lawmakers will skillfully manipulate it to silence critics; as there is not a single one of them who does not have a case to answer to the people. The judiciary is still in a battle of wig and soul to remain afloat in the pool of insidious manipulations and whirlwind of machinations in the hands of the silly men and thick madams who call themselves politicians.

While the fine might take a toll on us for that which we were hitherto used to was the N50 we pay the policemen on the road, it smacks both reason and sense that Na’Allah’s bill threatens Nigerians with jail. What jail is the senate talking about? The only Nigerians not in jail are those in the land of the slave masters for if you’re Nigerian, you’re in jail.

The fact is that no one feels uncomfortable with the social media but the despot. “Now why is it that these Mad Dogs of the Middle East are toppled?” asked Abdullah Faisal in his speech: The Mad Dogs of the Middle East. “The internet changed the way people think. Don’t you know that…so you can’t control how people think anymore. Gadhafi could get away with oppressing the people before the internet came on the scene. Now that Mad Dog in the Middle East, Ben Ali, his people started a movement on Facebook and they call it the Revolution of Facebook – he was toppled by Facebook… Don’t you know that, he was toppled by Facebook? They started a movement on the internet – on Facebook - to criticize his government…Hosni Mubarak was toppled by Facebook as well.”

The lawmakers should relax and go take a cup of pap as they have nothing to fear. Facebook only topples the economic leeches, oppressors and tyrants.

Unless they are, the bill which Oby Ezekwesili labeled ‘Impossicant’ remains what it is: The hallucination of Na’Allah.

Modiu Olaguro, a youth corps member teaches mathematics at Jebba.
http://saharareporters.com/2015/12/06/hallucination-na’allah-modiu-olaguro
Senator Ibn Ballah Na'Allah

Buhari dissociates self from media muzzle law, says, ‘I’m committed to free speech’
December 7, 2015 Press Release

The Nigerian Presidency has issued the statement below, quoting President Muhammadu Buhari as dissociating himself as his administration from the media muzzle law being cooked by the Nigerian Senate.
Read full statement below:
SOCIAL MEDIA BILL: BUHARI RESTATES COMMITMENT TO FREE SPEECH.
President Muhammadu Buhari has reiterated the commitment of his administration to the protection of free speech in keeping with democratic tradition.
The Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu who was reacting to the public hostility towards the social media bill now being debated by the Senate, said President Buhari has sworn to defend the constitution of Nigeria and would not lend his hand to anything that is inconsistent with the constitution.
“But he is not averse to lawful regulation, so long as that is done within the ambit of the constitution which he swore to uphold.”
“The President said free speech is central to democratic societies anywhere in the world. The President explained that without free speech, elected representatives won’t be able to gauge public feelings and moods about governance issues.
“As a key component of democratic principles,” the President acknowledged that people in democratic societies “are so emotionally attached to free speech that they would defend it with all their might.”
“Malam Garba Shehu explained that President Buhari is fully aware of the public reservations about the proposed legislation but assured that there is no cause for alarm “because the Senate is a democratic senate. The President won’t assent to any legislation that may be inconsistent with the constitution of Nigeria.”

http://www.premiumtimesng.com/news/194780-buhari-dissociates-self-from-media-muzzle-law-says-im-committed-to-free-speech.html

RECOMMENDATIONS


1.) APPOINTMENT OF JUDGES

The fight against corruption in the judiciary should commence from the appointment of judges or justices to the various courts across the country. The sifting should start with the quality of university degree and the law school grade. In this age of Joint Admissions and Matriculation Board, which allows a student with five credits at two sittings to gain admission into the university, prospective candidates for appointment to the bench without five credits at a sitting should not be considered. So also must aspiring judges with a university degree lower than a second class (lower division) not be considered, and all those who repeated their examinations at the law school should not be deemed suitable for appointment to the Bench. In the United States of America, to qualify as a legal assistant to a justice, one must have obtained a first class in his law degree. It should equally be further noted that in that country, law is pursued as a second and not the first degree.

Closely knit to this issue of qualification is the justices appointed to the Supreme Court and the Court of Appeal on the account of their specialty in Sharia or Customary Law as prescribed by the constitution. No sooner they get to the higher courts than they abandon their areas of specialty such as Sharia and Customary Law, which qualified them to get to the higher court to the detriment of the primary purpose of their appointment. These justices secure an appointment on the pretext that their specialisations are highly in demand in the superior court, and this allows them to access the Court of Appeal or Supreme Court earlier than their contemporaries who may be better than them but not endowed, versatile or lack special training in either Customary or Islamic Law. I mean that if it were not for their special training in Sharia or Customary law, they could not have been appointed to any of these courts at the time of their appointment over and above their compeers. The consequence of their conduct is that Sharia cases are piling up contrary to the clear intention of the Constitution, which was to make these judges available to handle them.

There is a particular instance of a justice who when he came to the Court of Appeal, had only served in the registry of a Sharia Court of Appeal before being appointed a judge of that Sharia Court for barely a year when he was catapulted to the Court of Appeal. Indeed, when he was appointed to the Court of Appeal, he had not acquired twelve-­‐year post-­‐call experience to be appointed to the Court of Appeal.

He had to wait for six months to make the requisite post-­‐call experience of twelve years before he could be sworn in. It is, therefore, abundantly clear that this gentleman had neither experience of law practice in the Ministry of Justice as a legal officer nor as a private legal practitioner. He never filed statements of claim and defence and is unlikely to know their implication and throughout the period of his post-­‐call working experience he never handled common law cases even as a registry staff in the Sharia Court of Appeal. To now saddle him with the responsibility of determining fine constitutional and common law cases, he would be like a fish out of the water. Indeed, he has no requisite qualification required to be appointed as a Judge of the High Court as set out later in this paper.

On the experience required of persons aspiring to be appointed to the High Courts, the National Judicial Council in its Extant Revised NJC Guidelines & Procedural Rules for The Appointment of Judicial Officers of All Superior Courts of Record in Nigeria, states inter alia in rule 4 (4) (1) (b) – (e) as follows –

“(b) Active successful practice at the Bar, including satisfactory presentation of cases in Court as a Legal Practitioner either in private practice or as a Legal Officer in any Public Service;
(c) Satisfactory and consistent display of sound and mature judgment
in the office as a Chief Registrar or Chief Magistrate;

(d) Credible record of teaching law, legal research in a reputable University and a publication of legal works, and in addition to any or all of the above;

(e) In the case of appointment of a candidate to the office of Kadi of a

Sharia Court of Appeal, knowledge of Arabic language and grammar.”

These rules are ominously silent on qualification of persons to be appointed as a

Judge. But I entirely agree with the level of experience set out in paragraph 4(4)

1(b). This cannot be faulted. I cannot fathom the implication of 4(4)(1)(c). Does it mean that anyone who finds himself as a Chief Registrar through merely working in the Registry could be appointed a Judge, and in the case of Kadi of a Sharia Court, does it mean that a person who is solely proficient in Arabic and its grammar without training in Sharia Law can be considered and appointed a Kadi?

The Rules require prospective Judges and Kadis to apply for the appointment they desire. The appointment of Judges throughout common law countries is through preferment or recognition and not by application. It is the nominating body who considers a person suitable for the appointment that recommends or invites such a person for elevation to the Bench. It is not respectfully a position to be hassled for; it is a position of honour and dignity!

2.) QUOTA SYSTEM IN THE APPOINTMENT OF JUDGES

The controversial question of the policy of federal character euphemistically referred to as quota system should be carefully re-­‐examined in its application to the judiciary, particularly the Supreme Court and to a lesser extent the Court of Appeal. There was a time when the Nigerian judiciary was dominated by expatriates and later by the then Western Nigeria, but, with rapid progress in legal education various parts of the country took up the challenge and have come to take their pride of place in the system. The present situation whereby the seats in the

Supreme Court are shared among the geographical zones in a water tight arrangement is unhealthy.

At a point in time, for instance, South-­‐Eastern Nigeria could not produce a suitable candidate to fill its own quota in the Supreme Court, the Advisory Judicial Council did not hesitate in preferring Uche Omo, JSC, a person from Delta State in the South-­‐South, to fill the South-­‐Eastern quota, and nothing untoward happened. In these days of strict adherence to the quota system, any attempt to juggle in such a manner would be strongly resisted. It is believed in many quarters that this complete neglect of merit has deprived the court the opportunity of recruiting eminently qualified and suitable candidates thereby, consciously or unconsciously weakening the court’s performance. As you make your bed, so will you lie on it! Strictly speaking, this may not qualify as an instance of corruption but a serious weak link which has adversely affected the quality of justice delivery.

3.) COMPOSITION OF THE NATIONAL JUDICIAL COUNCIL

The weakness in the National Judicial Council is inherent in its composition as provided for under paragraph 20 of the Third Schedule, which reads as follows;

“20 The National Judicial Council shall comprise of the following members –

(a) the Chief Justice of Nigeria, who shall be the Chairman;

(b) the next most senior Justice of the Supreme Court who shall be the Deputy

Chairman;

(c) the President of the Court of Appeal;

(d) five retired Justices selected by the Chief Justice of Nigeria from the

Supreme Court or Court of Appeal;

(e) the Chief Judge of the Federal High Court;

(f) five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in a rotation to serve for two years;
(g) one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;
(h) one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Presidents of the Customary Courts of Appeal to serve in rotation for two years;
(i) five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to re-­‐appointment:

Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record; and

(j) two persons are not legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of unquestionable integrity.”

A cursory examination of paragraph 20 just recited above would disclose that, apart from the appointment of the next most senior justice of the Supreme Court who shall be the Deputy Chairman, the President of the Court of Appeal, the Chief Judge of the Federal High Court and the five members of the Nigerian Bar Association, the Chief Justice of Nigeria enjoys absolute discretion in the appointment of other members of the council. He also has absolute discretion in extending their tenure upon expiration. The Chairman, who incidentally is the Chief Justice of Nigeria, could abuse his office in pursuit of his corrupt conduct as it was done in the recent past; just as the next most senior Justice of the Supreme Court to Katsina-­‐Alu was unable to state the truth at the National Judicial Council Investigating Panel that looked into my case to ensure his own appointment as the next Chief Justice of Nigeria. This tricky situation did not raise its ugly head until recently when people of weak character were appointed as Chief Justice of Nigeria. Honourable Justice Uwais was Chief Justice of Nigeria for almost ten years without a hiccup. For over two years, Honourable Justice Kutigi also tendered the rope adroitly. It is, therefore, a personality problem, as successive chief justices have dexterously exploited the provisions of the composition of the NJC in advancing their personal interest rather than protecting the service or the system. It should be noted that a position such as that of Chief Justice of Nigeria or any leadership position has inherent risk attached to it, which they are not prepared to stick their neck.

It is only the National Judicial Council that has a serving head of the institution as its head and who has amply demonstrated how the arrangement could be thoroughly abused. In the circumstance, serious consideration should be given to separating the two positions as is the case with the police and the civil service. The

Police Service Commission and the Civil Service Commission are not headed by the heads of those institutions. In other words, neither the Inspector General of Police nor the Head of Service is the head or chairman of the Police Service Commission or Civil Service Commission. Such Chairman, in the event of an infraction on his part, can easily be eased out of office; but, the same is not the case with a Chief Justice who fouls his seat while doubling as Chairman of the Council. The patronage the non-­‐statutory members derive from him, such as appointment into the council and extension of their tenure makes them vulnerable and feel obliged to him and not to the body they are appointed to serve and are invariably prepared to kowtow.

An instance of this was the role played by Ayoola JSC (RTD) who sat as a member of Babalakin’s committee at the NJC, comprising of Hon. Justice B. O. Babalakin as the chairman, Justice Anthony Igwu, Justice Abubakar Wali JJSC (RTD) and Hon. Justice M. A. Akanbi, PCA (RTD) to resolve the impasse between myself and the then CJN Katsina-­‐Alu (RTD). The committee decided in my favour that I was not guilty of misconduct and told Katsina-­‐Alu that he had no constitutional right to stop court proceedings in the case of Dingyadi and Wammako going on in the Court of Appeal Sokoto Division. The settlement was read to both of us by all the members of the committee and Katsina-­‐Alu expressly told them that he accepted it in good faith. The decision was unanimously arrived at by all the members of the committee who respectively signed. No sooner the membership of the NJC changed through the departure of the four members of the committee, Mogbo (SAN), Wifa (SAN), Mahuta (CJ Katsina) and others. Katsina-­‐Alu having replaced the outgoing members with persons of his own choice revived the matter and set up a committee in which Justice Ayoola featured prominently. Notwithstanding the legal niceties, Ayoola should have declined, if only on the ground of morality!

It is, therefore, important that an individual or person who is not in the system, such as a retired Chief Justice of Nigeria, a retired President of the Court of Appeal or a respectable and experienced legal practitioner is made the Chairman of the National Judicial Council.

Howbeit going through the constitution, there is no institution entrusted with the composition of itself as the National Judicial Council and having betrayed the trust reposed in it, a re-­‐approachment must be sought. I believe there should be a return to the good old days of Advisory Judicial Council where the Chief Justice of Nigeria, President of the Court of Appeal and Chief Judges of the state and federal High Courts are members of the Council in their own right as no one is beholding unto the Chief Justice of Nigeria. If the retired Supreme Court and Court of Appeal Justices must be members, they should be, but, with determined tenure including an extension in accordance with the order of their retirements from their respective courts.

The members of the Bar Association provided for in paragraph 20 (i) may continue, provided that their role should not be restricted to only appointing judges but also extended to include discipline because the power to hire is the power to fire. If they were there when the judges were appointed, there is nothing wrong with their being party to the discipline of the judges. But my reservation about inclusion of members of the Bar Association is that it is alleged that some of them flaunt their
membership of the National Judicial Council before election tribunals and courts to intimidate the judges!


4.) TENURE OF HEADS OF COURTS

The Chief Judges of both the State and Federal High Courts should have a prescribed tenure of not more than five years during which they are considered for appointment to the Court of Appeal or proceed on voluntary retirement. A long tenure sometimes spanning over ten years is most unhealthy. An aspiring candidate for the offices of Chief Justice of Nigeria, President of Court of Appeal, Chief Judges, federal or state or any head of court whose age is less than five years from the age of retirement should not be appointable. Frequent change of heads of courts results in instability.

5.) SUGGESTIONS ON HOW CORRUPT JUDICIAL OFFICERS CAN BE DISCIPLINED

In the circumstance, corruption being criminal in nature, a solution that can be proffered is that judicial officers who are suspected of committing a crime should be referred to the State Security Services, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission or the Nigeria Police for investigation and possible prosecution. For those of them who are found culpable or liable, the President may consider giving them soft landing by allowing them to resign and proceed on compulsory retirement or permit the law to take its due course. The present situation where there are serious allegations of corruption against a judicial officer in several petitions and the National Judicial Council let him off the hook on an investigation of only one of the several petitions and retires him seemingly suggests that the interest of justice has not been served.

The outstanding petition(s) should also be sent to the police for necessary action. A recently compulsorily retired judicial officer trivialized the decision of the National Judicial Council by saying that he was not retired on the allegation that he received one hundred million naira from the executive governor of Rivers State to nullify the election of local government chairmen and it was not in relation to Odi but it was in relation to Shell case; whatever that may mean. The outstanding petitions ought to have been investigated and pronounced upon to determine whether he merits retirement or dismissal. Merely sending the officer on retirement without an order for refund of the booty is grossly inadequate. Be that as it may, these are criminal cases and should not terminate with NJC decision. Such judicial officers should be referred to the relevant security agencies for investigation and determination of their criminal responsibility.

In the alternative, the government might wish to consider taking steps similar to what I understand Kenya took in combating such vexed issues. When the country decided to rid its judicial system of corruption, she suspended all her judicial officers and subjected them to an enquiry. The tests and criteria adopted, I learnt, in addition to the usual allegation of corruption to which the judge may answer with the typical contention of lack of evidence was that the judgment(s) or order(s) of the judge or justice or kadi, as the case may be, were subjected to scrutiny and if found correctly determined, the officer is allowed to return to the Bench. But if the judgment(s) or order(s) was found wanting or flew in the face of the law or facts or both, the judge was deemed corrupt or incompetent; on either view, he was found unsuitable for the position and was consequently shown the way out of the country’s judicial system. Thus the contention that corruption had not been proved in the sense that there was no evidence or there was no corroboration would no longer be tenable. Clearly, this approach does not provide room or opportunity for crass technicality.

This suggestion may require the Commander-­‐in-­‐Chief sending a team to Kenya to study the relevant institution in that country and the role to be played by our National Assembly. The exploratory team may also obtain the relevant legislation Kenya enacted to put the body in place. In doing this, respectable men of integrity must be selected.

Ladies and Gentlemen, I once more thank the Governing Board of the Nigerian National Merit Award for the wonderful opportunity given me to address this auspicious gathering. I find the theme of this lecture very interesting and challenging, and I sincerely hope that anyone who is here with us or who reads this paper will find some useful and acceptable material in it as a guide to discharging the tedious and onerous duty of repairing or riding the Nigerian judiciary of corruption and corrupt practices.

Thank you for your attention and God bless you all.

http://saharareporters.com/2015/12/04/eradicating-corruption-nigerian-judiciary-justice-isa-ayo-salami

BY JUSTICE AYO SALAMI DEC 04, 2015

I give glory to God for giving me life today to be part of this programme. I must also say that I feel highly honoured, and it is indeed my great pleasure to be found worthy to speak before this august gathering at this 2015 annual lecture of the Nigerian National Merit Award on the theme: Corruption Eradication and the Nigerian Ethical Revolution. I am to speak on the topic: “Eradicating Corruption in the Judiciary.”

The problem with the Nigerian judiciary is that some dishonourable people not cut out to be judges got into the system and after that made it to the highest level of their judicial careers. Another major factor why the problem has festered is that many Nigerians do not want the truth to be told. Whoever dares to tell the truth is marked down for persecution. Members of the Bar often narrate horrific stories or tales of certain high-ranking judicial officers who act as couriers of bribe, but, they are never ready to come out with details. Such a person is engaged at a fee to reach out to judges in order to influence decisions in certain sensitive cases. At times, the bribe they collect for and on behalf of such designated judges never come to their knowledge, not to talk of its being delivered to them.

It is also alleged that some legal practitioners in addition to their legitimate fees demand other fees from their clients purportedly to influence the judge or judges handling their cases. It is the activities of these wicked legal practitioners and retired judges who can be rightly described as interlopers that have given the Nigerian judiciary a negative image.

There are, of course, honourable gentlemen in the judiciary who will not accept a farthing from anyone and who can stand up to anyone. Many of the justices and judges in Nigeria are hard working, patriotic and honest and can compare favourably with judges and justices from any of the Commonwealth countries. However, there are many lazy, ignorant and dishonest judges in the system. It is these bad eggs that have desecrated the temple of justice, and they need to be flushed out to enable sanity return to the system.

Be that as it may, I have been asked to speak on the topic – “Eradicating Corruption in the Judiciary”, meaning that the general consensus is that corruption already exists in the Nigerian judiciary, and I am here to proffer some solutions on how to put an end to it. I have, therefore, restricted this paper to that topic, believing that the relevant organisations would do what is necessary to identify and take action against erring judicial officers.

INJUNCTIONS OF THE HOLY BOOKS ON THE ROLE OF THE JUDICIARY

Before proceeding further, I propose to set out what the Books of the two prevalent religions in the country have to say on the attributes of a judge. I am doing this on the tacit understanding that all Nigerian judges or justices are either adherents of Islam or Christianity. There may be judges who belong to other religions, but I have not come across one. I tender my unreserved apology if my judgment is incorrect.

The Holy Bible in the book of Deuteronomy Chapter 16, verses 18-­‐20, says;

“18 Judges and officers shalt thou make thee in all thy gates, which the Lord thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment.


19 Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise and pervert the words of the righteous.


20 That which is altogether just shalt thou follow, that thou mayest live, and inherit the land which the Lord thy God giveth thee.”


And in the Holy Quran in Surat Nisaa Chapter IV verse 135, it was revealed to the

Holy Prophet (SAW) as follows:

“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you avoid justice; and if you distort your witness or refuse to give it, verily, Allah is Ever Well-­‐Acquainted with what you do.”

on appointment, viz;

“to do justice to all manner of people without fear or favour, affection or ill will so help me God.”

Must have been formulated from portions of the two scriptures set out above. The two Holy Books, the Holy Bible and the Glorious Quran demand from judicial officers to refrain from –

a) perverting the course of justice;

b) showing partiality;

c) accepting bribe; and

d) subverting the course of righteousness.

The things judges are required to do and those they should avoid are very clear and unambiguous. The problem, however, lies in the will, the innate ability or the conviction or conscience to avoid those that are not permissible or forbidden and to do what is right.

THE JUDICIARY IS NOT THE ONLY BODY TO BLAME

The issue of fighting corruption bedeviling our country cannot be solved by focusing on the judiciary alone. Corruption affects everything and everywhere in the country. There should, therefore, be a critical examination of all the facets of our national life, for instance:

redefined or re-­‐orientated in a manner that will abhor corruption.

a.) A system or culture which appreciates politicians who obtain their wealth improperly but disparages an erudite judge or scholar as a failure requires redemption.
b.) A system which makes our children prefer appointments in customs, immigration and police to the arduous task of being a lecturer in our tertiary institutions, a doctor in our general hospitals or a state counsel in the federal or state Ministries of Justice is a system that must be defenestrated.
c.) The mentality that makes members of the legislature to prefer appointments to certain committees of the assemblies or ministers to prefer appointments to certain ministries of government on account of the juiciness of such committees or ministries must be re-­‐examined and discouraged. For their consideration has never been on the ground of demonstrating the beauty of hard work or opportunity to serve the people they claim they are representing.

Corruption is the product of a failed system – educational, social, political and economic and the earlier it is tackled from the roots rather than engaging in a game of responsibility shifting, the better it would be for all of us.

FOCUS ON THE JUDICIARY

It should not be assumed that the judiciary does not have a role to play; in fact, it cannot absolve itself from blame. Just as it is not open to a doctor to reject blame for incompetence or negligence on account that the patient was careless in infecting himself with the ailment for which he is being treated so would a judicial officer not be exculpated if he failed to perform his duty according to law and practice.

THE NATIONAL JUDICIAL COUNCIL

The National Judicial Council is a shadow of its old-­‐self; it seems to me that it no longer appreciates the reason or purpose for its creation. A very important part of its duties is to protect and insulate judges from the executive. This explains why there is no representative of any other arm of government in the constitution of the council; even the Honourable Attorney General is not made a member of the body.

However, there was a time in the recent past when a member of the National Judicial Council doubled as the Chairman of Council of Legal Education, a parastatal under the supervision of the Honourable Attorney General. This clearly was an anomaly. Furthermore, at the time when my matter (which is well known to the public and which I have left in the hand of God for just judgment) was being considered at the National Judicial Council; the then Attorney General of the Federation boasted to a state governor, now a minister, that he uses his telephones to direct the proceedings of the council. It is this body that Honourable Justice Uwais recommended that the selection of the Chairman of the Independent

National Electoral Commission should be entrusted to. My Lord and the members of the Electoral Reform Committee sincerely believed that the National Judicial Council he left behind is still intact – but it is clearly not. All the Chief Justices that served during the tenure of President Goodluck Jonathan believed that they were beholden unto him and were prepared to obey his command.

For instance, when I was invited by Honourable Justice Aloma Mariam Mukhtar, CJN and Honourable Justice Mahmud Mohammed, JSC, who was then the next most senior justice of the Supreme Court, and now the incumbent CJN, to discuss the issue of whether I would be prepared to accept the decision of the National Judicial Council to stay for three months and then leave the service, the options were laid before me when I met with them. They were whether I was agreeable to come and spend three months and then proceed on retirement or the impasse would continue. I opted to return, spend three months and proceed on retirement. They were apparently taken aback as they did not anticipate this response from me. My Lord, Mukhtar was obviously uncomfortable with my choice and was visibly shaken. She asked if I took proper advice on the issue and I assured her that I did. She then stated that if she were me, she would seek further advice. She left the meeting and returned to her desk. I was given one week to think over it. She did not find time for me until about a fortnight or more later.

Meanwhile, she had embarked on the appointment of Honourable Justice Zainab Bulkachuwa as the acting President of the Court of Appeal. Indeed, she had already forwarded her recommendation to President Goodluck Jonathan, who had in turn forwarded it to the Honourable Attorney General for his comments. I feigned ignorance of the steps being taken which explained her conduct when we first met.

On arrival, she asked me if I had sought proper advice on the matter. I answered in the affirmative and requested that the letter be written in a manner that it does not create the impression that I was being forced out of office and assured her that I still stood by my earlier acceptance to abide by the council’s decision to return to the office for three months and retire. She then retorted “they do not want you again, and the justices are no longer behind you”. I do not know how she arrived at her conclusion that most of the justices were no longer in my support. But I was sufficiently of the presence of mind to ask her who were the “they” that did not want me, and she replied the government. I suggested to her to advise the government to take its case from the National Judicial Council to the floor of the Senate, which has the constitutional power to recommend my removal. She at that stage kept quiet. It was then Honourable Justice Mahmud Mohammed (JSC as he then was) cut in to ask for my letter giving notice of retirement. I suggested to them to give me a letter recalling me, and I would in turn give them my notice of retirement terminating at the end of the three months proposed at their meeting which period both of them had agreed to frustrate to endear them to the executive arm of government. They insisted that I should give them notice of my retirement without receiving a letter recalling me. It was then Mahmud Mohammed (JSC) told me that they (National Judicial Council I presume) are an agency of the government and would do what the government wanted. I told them that without a letter from the council, they should forget about my issuing them with a notice of retirement.

Knowledge is power! If I were not aware of what was going on, I would wittingly or unwittingly, believing that they were working in good faith, have given them a notice which they were definitely going to abuse. The game plan was probably that on receiving my letter, they would tell me that the notice of retirement was accepted with period of notice waived, and I should proceed on retirement immediately to the satisfaction and pleasure of their mentor the President and utter neglect or dereliction of their constitutional function of protecting the judiciary from the executive.

This gives me a fresh remembrance of the tenure of Mohammed Lawal Uwais, CJN. He was described “as straight as a bullet, he can’t bend” by his predecessor, Honourable Justice Bello, CJN. After the 2003 general election, President Olusegun Obasanjo was apparently informed that some senators and members of the House of Representatives elected from Anambra State would not be loyal to him. He replaced the three senators and fifteen House of Representative members who contested and won the election and were presented with certificates of return with another set of senators and members of the House, who were not nominated at the party’s primary, not to talk of contesting and winning the election. He caused the Independent National Electoral Commission to issue his selected Senators and House of Representative members with certificates of return. The truly elected members successfully prosecuted their election petitions before election tribunals set up for the state. The tribunals rightly returned all the three senators and members of the House of Representatives. The imposed members of the House of Representatives and senators appealed to the Court of Appeal. The Court while delivering its judgment in the first case to be heard regarding a senatorial seat, was chased out of the court hall on the allegation that some members of the panel had been bribed.

The President of the Court was, therefore, compelled to constitute another panel to take the appeals in Enugu. The new panel, which I led, comprised of justices from other divisions of the Court. On the first day of our sitting, members of the panel were served with copies of a petition alleging corruption and undue influence. I was served the previous day because I arrived on Sunday and was in the Court to read the files on Monday.

President Obasanjo minuted on copies of the petitions to the then Chief Justice of Nigeria, Uwais, stating that he was in Enugu over the weekend and heard about the rumour of offering bribe to us. He then directed Honourable Justice Uwais and the Attorney General to investigate the matter. Honourable Justice Uwais turned down his request and wrote the president that the allegation against the justices could only be investigated by the National Judicial Council under the Constitution and not by a committee of Chief Justice of Nigeria and the Honourable Attorney General of the Federation as constituted by President Obasanjo. Our present crops of Chief Justices of Nigeria would have fallen head over heels in obliging the President!

The petitions were duly endorsed for our respective comments. The petitions and our answers were sent to a committee of the National Judicial Council which after hearing both sides exonerated all of us including the then President of the Court of Appeal, Honourable Justice Umaru Faruk Abdullahi. The President, Chief Obasanjo wrote to congratulate all of us, except Umaru Abdullahi whose only role was
constituting the panel, although he was also accused of taking bribe. The reason he was singled out for non-­‐commendation by the then Commander-­‐in-­‐Chief was best known to the two of them, particularly Chief Obasanjo.

What I am driving at here is that Honourable Justices Dahiru Musdapher and Aloma Mukhtar did not resist the presidency from undermining the independence of the judiciary. They allowed the erosion of the separation of powers. Even after I was declared innocent, they failed to muster the courage to recall me. Rather, the two of them jointly and severally fiddled while the time for my retirement was ticking; notwithstanding Honourable Justice Uwais’ statement to the effect that the National Judicial Council and not the President was vested with the authority to recall me.

The only time the Presidency has a role to play in the discipline of a judicial officer is when he is found guilty of misconduct, and he is to be removed. Paragraph 21 (b) of the Third Schedule Part I of the Nigerian Constitution is very clear and provides as follows in the case of federal judicial officers:

“21 The National Judicial Council shall have power to –

(b) recommend to the President the removal from office of the judicial officers in sub-­‐paragraph (a) of this paragraph, and to exercise disciplinary control over such officers;”

The Council having decided to rescind its earlier decision for removal does not require the support or consent of the President to recall me. It is a power solely exercisable by the council itself. Through an act of omission or commission, it refused or failed to exercise the clear and unambiguous provision of the constitution at the instigation of the executive and thereby sent wrong signals to the judiciary. If the President of the Court of Appeal could be dealt a raw deal, it behoves other justices all over the Federation to behave properly!!! Many judicial officers who had hitherto rebuffed pressure were thus intimidated; hence the funny judgments subsequently coming out of courts.

I have used my personal experience as a case study to demonstrate what the National Judicial Council has become.

---continues below----

BY FEMI FALANA NOV 23, 2015
Following the granting of a stay of proceedings by the Supreme Court in the cases of FRN v Dr. Bukola Saraki some Senior Advocates of Nigerian lavishly commended the wisdom which informed the decision. A few days later, I had cause to x-ray and criticize the ruling given the abolition of stay and interlocutory appeals in all criminal trials in the federal courts by the combined effect of sections 306 and 396 of the Administration of Criminal Justice Act, 2015 (ACJA). Not a few other lawyers have risen to the defense of the apex court.

In contributing to the debate, Mr. J. B. Daudu SAN, the lead Counsel to Dr. Saraki was reported to have threatened to initiate contempt proceedings against some "disgruntled persons" in a bid to protect the image of the judiciary. As far as the learned senior advocate is concerned, it is illegal to criticize any decision of the Supreme Court. This is interesting in view of the fact that it was Mr. Daudu who started the debate on the ruling. It is on record that as soon as he came out of the court after the delivery of the ruling in the case Mr. Daudu addressed the press and stated that the defense had been vindicated by the pronouncement of the apex court on the issue of stay of proceedings. Certainly, the commendation of Supreme Court by the senior counsel for ruling in favor of his client is not contemptuous!

Without engaging in unnecessary debates over the issue of stay of proceedings, it is pertinent to point out that the right to criticize the judgments of courts is part of the fundamental right of every citizen to freedom of expression guaranteed by section 39 of the Constitution. What is not permitted is to scandalize a court or accuse judges of impropriety or misconduct without any proof. In this regard, I can say, without any fear of contradiction, that Mr. Daudu has, more than any other lawyer in Nigeria, consistently lampooned sitting and retired judges for engaging in massive judicial corruption without supplying any scintilla of evidence to substantiate his claim.

However, the Supreme Court has always appreciated constructive criticism of its decisions having regards to their finality and overall impact on the nation's legal system. In Adegoke Motors v Adesanya (1989) 3 N.W.L.R. (Pt 109) 250 at 274-275, the revered Chukwudifu Oputa J.S.C alluded to the finality of the decisions of the Supreme Court when he said that "we are final not because we are infallible, rather we are infallible because we are final. Justices of this Court are human beings capable of erring. It will be shortsighted arrogance not to accept this obvious truth. It is also true that this court can do inestimable good through its wise decisions. Similarly, the Court can do incalculable harm through its mistakes."

In the same vein, the late Justice Kayode Eso said in the case of Adigun v Governor of Oyo State (No 2) 2 N.W.R (Pt 56) 197 at 214-215 that "the decision of the Supreme Court is final. Final in the sense of real finality in so far as the particular case before it is concerned. It is final forever, except there is legislation to the contrary, and it has to be a legislation ad hominem". In recognition of the enormous powers of the apex court, Justice Eso was of the view that "It is such dread powers that must necessitate great care in the calibre of the Court and such dread that must necessitate pungent and constructive analytical criticism of every judgment of the Court in the law journals and similar fora". In reaction to the view of some judges and lawyers that it is contemptuous to subject decisions of courts to criticism, Justice Eso stated that "the judgment of a court should not be treated with sacred sanctity, once it gets to the right critical forum".

While conceding that the ACJA has effectively abolished stay of proceedings in trial courts, Messrs Olisa Agbakoba SAN and Mike Ozekhome SAN have argued that the law is not applicable in the appellate courts! The argument of both learned senior counsel has failed to take cognizance of the trite law that appellate courts have no original jurisdiction in applications for stay of proceedings. Hence, litigants applying for a stay of proceedings are mandatorily required by the appellate courts to attach the ruling of the lower court which dismissed or struck out a similar application. In any case, there shall be no interlocutory appeals which may warrant the filing of stay of proceedings since the ACJA has consolidated all preliminary objections with the substantive case.

With respect, the contributions of some senior counsel to the debate smack of hypocrisy. For instance, both Messrs Agbakoba and Ozekhome and I were members of the Committee on Law, Judiciary, Human Rights and Legal Reforms of the 2014 National Conference. The committee headed by the Honorable Justice George Oguntade (rtd) had recommended, among other things, the establishment of a special anti-corruption court, devoid of niceties and technicalities of the conventional courts such as preliminary objections and interlocutors appeals. The recommendations and several others on judicial reforms were unanimously adopted by all conference delegates. Although, an anti-corruption court has not been created the recommendations of the National Conference on the abolition of stay of proceedings and interlocutory appeals in criminal proceedings have emerged as sections 306 and 396 of the ACJA. All the lawyers who had campaigned for the abolition of interlocutory appeals are morally estopped from questioning the legal validity of the relevant provisions of the ACJA.

Those colleagues who think, rather erroneously, that they are defending the Supreme Court ought to be reminded of the state of the law on the stay of proceedings before the enactment of the ACJA. Following the embarrassment caused by the conviction of James Ibori in a British Court after he had been freed by the federal high on the basis of the preliminary objection raised by the defense team led by Mr. James Daudu SAN the federal government expressed concern over the manipulation of the legal system by politically exposed persons. In response to the serious complaint the heads of the Supreme Court, Court of Appeal and Federal High Court issued Practice Directions to fast track the trial and appeals arising from cases of corruption, money laundering, human trafficking, kidnapping, rape and terrorism.

Thus, pursuant to Order 1 of the Federal High Court (Criminal) Practice Directions, 2013 the rules shall minimize undue adjournments and delays and reduce the time spent at trials dealing with interlocutory matters and ensure that hearings are not stalled by unpreparedness of Court or the parties. Order 6 thereof stipulates that the hearing of cases prosecuted by the EFCC, ICPC and SSS shall be conducted on a day to day basis as far as the schedule of the Court may permit. Without ensuring that investigation has been concluded and a prima facie case established a prosecutor shall not file against a defendant in the court.

In order to discourage interlocutory appeals, Order 7 of the Court of Appeal Practice Directions 2013, provides that "the courts shall refuse to hear appeals arising from interlocutory decisions of the court below where the matter deals with any of the issues in 3 above and the court is of the opinion that the grounds raised in the appeal are such that can conveniently be determined by way of an appeal arising from the final judgment of the court below." Instead of entertaining interlocutory appeals the Court of Appeal may order the trial court "to accelerate hearing in the substantive suit."

Order 10 of the Supreme Court (Criminal Appeals) Practice Directions, 2013 is in pari materia with Order 7 of the Court of Appeal Practice Directions, 2013. It is however provided that the apex court " will only determine applications which cannot be taken with the substantive appeal." For the avoidance of doubt, each Panel of the Supreme Court shall take all steps "to reduce the time spent on hearing and determination of interlocutory applications both at the trial court and appeal and in the process minimize avenues for parties to make use of interlocutory applications as a means to frustrate or delay the expeditious conduct of cases at the Courts below."

Furthermore, the President of the Court of Appeal issued the Court of Appeal (Fast Track) Practice Directions 2014 on December 8, 2014. Order 4 of the Practice Directions specifically states that that active case management includes "discouraging interlocutory appeals and requiring parties, except in the most deserving cases, to subsume their interlocutory matters under a final appeal or under the substantive suit at the trial court," In dealing swiftly with applications and objections to minimize their interruption of the main proceedings the Court will penalize delay tactics with heavy costs and rely on technology to aid case management. Court processes may be served by electronic means.

It is abundantly clear from the foregoing, that the Federal High Court and both appellate courts in the country had, before the enactment of ACJA, adopted measures to discourage parties and their counsel from resorting to interlocutory appeals to frustrate the hearing and determination of cases of economic crimes and terrorism. To that extent, it is of no moment to insist that the abolition of stay of proceedings and interlocutory appeals by the ACJA is illegal and unconstitutional. Therefore, the contempt proceedings being initiated by Mr. Daudu will certainly provide an opportunity for me to join issues with the lawyers who are manipulating the criminal justice system to shield members of the ruling class from prosecution for grand corruption while indigent suspects are railroaded to jail over minor economic offenses.

http://saharareporters.com/2015/11/23/how-supreme-court-banned-stay-proceedings-2013-femi-falana

A Federal High Court in Abuja has rejected a fresh application by Senate President Bukola Saraki seeking an order of interim injunction halting his trial on charges of false assets declaration preferred against him before the Code of Conduct Tribunal.
Rather than grant the ex parte application filed and moved by the Senate President’s lawyer, Mr. Ajibola Oluyede, on Monday (November 16), Justice Abdulkadir Abdul-Kafarati ordered the respondents to the suit to appear before the court on Friday to show cause why the prayers sought by Saraki should not be granted.
A copy of the order sighted by our correspondent on Wednesday showed that the fresh suit was filed by Saraki the same day a similar one which he filed before Justice Ibrahim Buba of the Lagos Division of the Federal High Court was struck out for lack of jurisdiction.
Justice Buba had struck out the suit on the grounds that it ought to have been filed in Abuja where he said was the place issues that were being complained of by Saraki arose instead of Lagos.
The Supreme Court had earlier on November 12 granted an order of stay of proceedings of Saraki’s trial before the CCT, pending when his main appeal challenging the competence of the charges and the jurisdiction of the tribunal to try him would be determined by the apex court.
The 11 respondents to the fresh suit are Attorney-General of the Federation, Mr. Abubakar Malami (SAN), the Economic and Financial Crimes Commission, the Independent Corrupt Practices and other related offences Commission, and the Inspector General of Police, Mr. Solomon Arase.

Others are the Code of Conduct Bureau, the CCT; the CCT chairman, Umar; Mr. Ataedzeagu Adza, CCB chairman, Mr. Sam Saba; Director of Public Prosecutions of the Federal Ministry of Justice, Mr. Mohammed Diri, and a Deputy Director in the ministry, Mr. Muslim Hassan.

http://punchng.com/court-rejects-halt-cct-trial/

BY SAHARA REPORTERS, NEW YORK NOV 17, 2015

STATE HOUSE PRESS RELEASE

PRESIDENT BUHARI RECEIVES INTERIM REPORT OF INVESTIGATIVE COMMITTEE ON ARMS PROCUREMENT, ORDERS ARREST OF INDICTED PERSONS

On the authority of Mr President, a 13 man committee was set up by the Office of the National Security Adviser to audit the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to date.

While the committee which was inaugurated on 31 August 2015 is yet to complete its work, its interim report has unearthed several illicit and fraudulent financial transactions.

As part of the findings, the committee has analyzed interventions from some organizations that provided funds to the Office of the National Security Adviser, Defence Headquarters, Army Headquarters Naval Headquarters and Nigerian Air Force Headquarters, both in local and foreign currencies.

So far the total extra budgetary interventions articulated by the committee is Six Hundred and Forty Three Billion, Eight Hundred and Seventeen Million, Nine Hundred and Fifty Thousand, Eight Hundred and Eighty Five Hundred Naira and Eighteen Kobo (N643,817,955,885.18).

The foreign currency component is to the tune of Two Billion, One Hundred and Ninety Three Million, Eight Hundred and Fifteen Thousand US Dollars and Eighty Three Cents ($2,193,815,000.83).

These amounts exclude grants from the State Governments and funds collected by the DSS and Police. It was observed that in spite of this huge financial intervention, very little was expended to support defense procurement.

The committee also observed that of 513 contracts awarded at $8,356,525,184.32; N2,189,265,724,404.55 and €54,000.00; Fifty Three (53) were failed contracts amounting to $2,378,939,066.27 and N13,729,342,329.87 respectively.

Interestingly, it was noted that the amount of foreign currency spent on failed contracts was more than double the $1bn loan that the National Assembly approved for borrowing to fight the insurgency in the North East.

The committee also discovered that payments to the tune of Three Billion, Eight Hundred and Fifty Million Naira (N3,850,000,000.00) were made to a single company by the former NSA without documented evidence of contractual agreements or fulfilment of tax obligations to the FGN.

[b]Further findings revealed that between March 2012 and March 2015, the erstwhile NSA, Lt Col MS Dasuki (rtd) awarded fictitious and phantom contracts to the tune of N2,219,188,609.50, $1,671,742,613.58 and €9,905,477.00. The contracts which were said to be for the purchase of 4 Alpha Jets, 12 helicopters, bombs and ammunition were not executed and the equipment were never supplied to the Nigerian Air Force, neither are they in its inventory.

Even more disturbing was the discovery that out of these figures, 2 companies, were awarded contracts to the tune of N350,000,000.00, $1,661,670,469.71 and €9,905,477.00 alone. This was without prejudice to the consistent non-performance of the companies in the previous contracts awarded.

Additionally, it was discovered that the former NSA directed the Central Bank of Nigeria to transfer the sum of $132,050,486.97 and €9,905,473.55 to the accounts of Societe D’equipmente Internationaux in West Africa, United Kingdom and United States of America for un-ascertained purposes, without any contract documents to explain the transactions.[/b]

The findings made so far are extremely worrying considering that the interventions were granted within the same period that our troops fighting the insurgency in the North East were in desperate need of platforms, military equipment and ammunition. Had the funds siphoned to these non performing companies been properly used for the purpose they were meant for, thousands of needless Nigerian deaths would have been avoided.

Furthermore, the ridicule Nigeria has faced in the international community would have been avoided. It is worrisome and disappointing that those entrusted with the security of this great nation were busy using proxies to siphon the national treasury, while innocent lives were wasted daily.

In light of these findings, President Muhammadu Buhari has directed that the relevant organizations arrest and bring to book, all individuals who have been found complicit in these illegal and fraudulent acts.

Femi Adesina

Special Adviser to the President

(Media & Publicity)

November 17, 2015

http://saharareporters.com/2015/11/17/state-house-press-release-president-buhari-receives-interim-report-investigative