FIRST Bank of Nigeria Plc may pay as much as N1 billion to Bernard Longe, its former managing director as accumulated income in the last eight years following the Supreme Court judgment on Friday nullifying his dismissal from office by the board of the bank.

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The United States of America (U.S.A) on Tuesday commended the Federal Government for its decision to transmit the full, unedited Justice Mohammed Uwais Electoral Reform Committee report to the National Assembly.

A statement from the country’s Embassy in Abuja said that the action demonstrated government's willingness to work toward holding more transparent elections.

“We applaud this bold action to send the unedited report to the National Assembly, which demonstrates Nigeria's willingness to work toward holding more transparent elections,'' it said.

The statement said that the National Assembly now had the opportunity to consider a wider range of potential reforms recommended by the Committee.

It expressed the hope that the assembly would deliberate and move forward quickly on ``the passage of important electoral reforms so that key steps could be taken toward holding credible elections in Nigeria in 2011”.

“We encourage the Nigerian Government to continue in this positive direction.

“As a friend and partner of Nigeria, the U.S. will continue to work with the people and Government of Nigeria to strengthen and enrich democratic institutions in Nigeria, particularly regarding election reform.

“U.S. stands ready to support the Nigerian Government and the people of Nigeria in achieving free and fair national elections in 2011,'' it added.

The Justice Uwais’ committee had recommended that the National Judicial Commission should shortlist three persons for consideration to the National Council of State for appointment as INEC chairman.

The Council of State is to select one of the candidates and send the name to the Senate for confirmation as INEC chairman, but the government rejected the recommendation.

It would also be recalled that following the rejection, individuals, groups and organisations who felt that it was a wrong decision, advised the government to reconsider the committee’s recommendation, especially on the appointment of INEC chairman.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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