₦airaland Forum

FIRS Sues Jimoh Ibrahim, Air Nigeria, for forgery, N5 billion Tax Fraud-NAN
Posted: June 21, 2012 - 12:59
Posted by siteadmin

caption: Jimoh Ibrahim and Air Nigeria staff during launch of Air Nigeria at the Murtala Mohammed International Airport
By NAN- petition provided by John Nnorom
The Federal Inland Revenue Service (FIRS) has filed charges of evading five years tax payment of N4.86 billion naira and forgery of Tax Clearance Certificate (TCC) against Air Nigeria.

A copy of the charge filed at the Federal High Court in Abuja was exclusively obtained by the News Agency of Nigeria (NAN) in Abuja on Wednesday.

Mr Jimoh Ibrahim, the company’s Chairman, Mr Kinfe Kahssaye, Managing Director and Air Nigeria Development Company Limited (formerly Virgin Nigeria Airways Ltd), were joined in the 10-count charge.

The suit comes barely 48 hours after the service arrested Kahssaye in Lagos on Monday.

He was flown to Abuja same day and detained by the service and released on Tuesday afternoon.

An official of FIRS, who confirmed his release to NAN, said the service met with Ibrahim on Tuesday, but did not reach any agreement on the payment of the tax.

In the charge, FIRS accused officials of the indigenous airline of illegally obtaining Tax Clearance Certificates.

They were also said to have unlawfully presented the fake certificate to the Minister of Interior for the renewal of expatriate quota positions for 20 pilots and 10 other persons.

According to the FIRS, the accused persons failed to deduct and pay taxes accruing to government from Withholding Tax and Value Added Tax (VAT) from 2007 to 2010, totaling N4.86 billion.

The charge said Air Nigeria and the accused persons failed to deduct at source, N394.16 million being taxes accruing to government from withholding tax between January and December 2006.

Similarly, the company was said to have failed to deduct withholding tax of N775.20 million being 10 per cent of the payments for direct services as prescribed under the Companies Income Tax Act.

The offence, according to the court papers, is punishable under Section 40 of the Federal Inland Revenue Service (Establishment) Act No 13 of 2007.

The accused were also said to have failed to file annual returns of the company for 2011 with the FIRS, as prescribed by Section 55 (1) of the Companies Income Tax Cap C21 Laws of the Federation of Nigeria 2010.

The charge said the failure to file annual returns ``was with the connivance of Ibrahim and Kahssaye; and you hereby committed an offence punishable under Section 55(4) and (5) of the same Act.''

According to the FIRS, some officials of Air Nigeria, sometime in January ``made counterfeit of tax certificate, purportedly issued by the FIRS in favour of Air Nigeria Development Company Ltd.

The whistleblower petition against Air Nigeria and Barrister Jimoh Ibrahim that triggered the investigations and tax fraud charges:

TAX EVASION IN NIGERIA, GHANA, SAO TOME, UNITED KINGDOM AND UNITED STATE OF AMERICA BY BAR JIMOH IBRAHIM

BACKGROUND INFORMATION ON THE WRITER.

I was appointed Executive Director Finance-International operations in Air Nigeria on 1st Aug, 2011. Promoted Finance Director of Air Nigeria on 17th Oct, 2011 and the jobs of Executive Director Treasury and Executive Director Finance were submerged into my job, thereby making me the sole Finance Director in Air Nigeria. On the 1st of Dec, 2011, I was appointed Non-Executive Director, Nigeria Re-insurance Corporation. On 18th of Dec, 2012 in Sao Tome annual Conference, I was appointed and it was announced the Coordinating Finance Director of the following companies Air Nigeria Development Ltd, Global fleet oil & Gas Ltd, Nicon Insurance Plc, Nigeria Re-insurance Plc, Nicon Properties Ltd, Nicon Luxury Hotel Ltd, Abuja Nicon hotels Ltd, Okitipupa Nicon hotels Ltd VGC Nicon hotels Ltd, PHC Newswatch communications Ltd, Newswatch Daily Ltd and National Mirror Ltd. In this position, I liaise with the relevant authority on tax matters as it affects the entire group.

WHY THIS PETITION
I was a victim of Bar Jimoh Ibrahim tax fraud. In the last twenty years, I have always paid my taxes as and when due. IT WAS A GREAT PAIN TO ME THAT TAXES DEDUCTED FROM MY SALARIES IN AIR NIGERIA, WERE NOT REMITTED IN 2011 AND I COULD NOT GET MY TAX CLEARANCE CERTIFICATE. All efforts that I made to convince Jimoh Ibrahim to approve the payment of taxes due to Federal and State Government were turndown.
EMPLOYEE TAX FRAUD

In all the companies owned by jimoh Ibrahim, taxes are not remitted to the relevant tax authorities but were deducted from staff salaries. This could be confirmed from the staff, because in the two strikes by Air Nigeria Engineer and Pilots, the issue of tax deductions not being remitted was one of the reason for the strike.( please, find attached a scan copy of their letter.) The implication is that in all these companies owned by Jimoh Ibrahim, no staff can assess his Certificate of Occupancy for land or assess others benefits from government because we do not have tax clearance certificate. This issue can be confirmed now from the staff and the tax board because no tax clearance certificate has been issued to any staff. Air Nigeria has problems with Pay- As- You- Earn tax with Imo State Board of Internal Revenue, Enugu State Board of Internal Revenue, River State Board of Internal Revenue, Sokoto state Board of Internal Revenue to mention but a few in Nigeria. This information can be verified. Outside Nigeria, we are owing heavy amount in taxes, namely cotonou 500million CFA, Ghana $1.2M, Cameroon $810,000, Brazilleville $400,000.

Jimoh Ibrahim tax evasion strategy is: "LET US USE GOVERNMENT MONEY TO DO BUSINESS AND MAKE LITTLE PAYMENT ON ACCOUNT FROM TIME TO TIME , SO AS TO MAKE RECONCILIATION IMPOSSIBLE."

From the above assertion, it is clear that part of Jimoh Ibrahim working capital is tax deducted from employee, pension fund deducted from employee, co-operative society fund deducted from employees’ salary. These funds have no cost element to his business empire. Air Nigeria staff can confirm, if these deductions has been remitted. When I visited IBTC Pension for my balance, I was shocked that out of the eight months that I worked in Air Nigeria, only 3 months have been remitted.

I therefore would like to use this opportunity to make a National call to all employee of Jimoh Ibrahim to insist that your tax clearance certificate be given to you, the pension fund and co-operative society deduction paid to the relevant authority. I also appeal to Nigeria Labour Congress to help all staff; because, Jimoh Ibrahim grip on them is too much. To all relevant tax authorities, I appeal for you immediate action to collect your money by exercising your powers. This call includes all the expatriate working in Air Nigeria Development Ltd, as tax papers forged on your behalf to renew your immigration status represents criminal offence on the part of the expatriate staff based on the tax laws of Nigeria. I attached the internal memo which was forward to a vendor to forge expatriate tax papers. In Nigeria, you cannot renew your expatriate immigration papers without your tax clearance certificate.

CORPORATE TAX - FRAUD

The following companies namely ;Air Nigeria Development Ltd, Global fleet oil & Gas Ltd, Nicon Insurance Plc, Nigeria RE-insurance Corporation, Nicon Properties Ltd, Nicon Luxury Hotel Ltd, Abuja Nicon hotels Ltd, Okitipupa Nicon hotels Ltd VGC, Nicon hotels Ltd, PHC News watch communications Ltd, Newswatch Daily Ltd and National Mirror Ltd, do not have current tax clearance certificate. To get, the new names of these companies just add ENERGY. All these companies do not pay corporate taxes to the Federal Inland Revenue Services in Nigeria. Even withholding tax deducted from sales on behalf of Federal Government, are not remitted. Air Nigeria is owing to date, N1.8Billion to Federal Inland Revenue Service being accumulated withholding tax collected on behalf of Federal Government. The system is the same. Make little payment on account and make reconciliation impossible with the staff of tax authority. The last signed audited account of Air Nigeria was 2009 and the same applies to Nigeria Re-insurance Corporation.

This explains why Nigerian Re-insurance Corporation cannot file her statutory returns and cannot do re-insurance business in Nigeria to date. If Jimoh Ibrahim wants to deny these issues, let him published in two national newspapers the tax clearance papers of these companies within 24hours of this publication. I make a call to the relevant tax authority to do their statutory jobs on Jimoh Ibrahim energy group of companies.

TAX EVASION BY BAR JIMOH IBRAHIM ON HIS PERSONAL INCOME.
Every week Jimoh Ibrahim withdraws millions of naira from Air Nigeria sales proceed which is transferred into Nicon Investment Ltd, these monies are used to buy dollars from the black market in Lagos. These withdrawals are treated as income by Jimoh Ibrahim in his records.

Again when Federal Government pays pension money to Nicon Insurance Plc, a large chunk of the money (over 95%) is used to buy dollars from black market. This is also treated as income by Jimoh Ibrahim as these withdrawals do not come back to Nicon Insurance Plc/Air Nigeria.

The money is parked in his travelling bags by his PA ( Mr. Ayeni ) and on getting to the Airport, Miss Jill Owatemi, who does not know the content of the bag, ensures that the bags are not security screened having worked in various airport station as a station manager. The dollar bag is loaded into Jimoh Ibrahim private jet, which flies to Ghana, dubai or sao tome. These dollars are paid into Jimoh Ibrahim personal bank account in Energy Bank of Ghana or Energy Bank of Sao Tome.

From these banks, the dollar is transferred to USA and United Kingdom. The prefer bank in London is union Bank and in USA is UBA. On all these money laundering whose original sources are illegal but has been made legal through breaking the source, no tax is paid.

I would ask that Jimoh Ibrahim should publish his tax clearance certificate to the relevant tax authority to investigate and prove tax evasion. When, he goes to United Kingdom, he is not taxed because; he claims that his residence is in Nigeria. When he is in USA, he claims that he pays tax in Nigeria, while he is involved in an intensive and extensive tax evasion in Nigeria.

He does business in United Kingdom and USA with these withdrawals from Air Nigeria Sales proceeds and Nicon Insurance Plc, pension money paid by the Accountant General of Nigeria, in his sole capacity. This money goes into UK AND USA as personal investment. However, this money represents fraudulent withdrawal from corporate institution owned by many people including Federal Government.

It should be noted that Federal Government still owns 30% of Nicon Insurance Plc. In all these companies owed partly by Federal Government and Jimoh Ibrahim, no board meeting has been held to rectify all these withdrawals and no board resolutions were approved on all these massive withdrawals. I make this call to our National assembly in our national interest, let the Accountant General published the amount of money paid to Nicon Insurance Plc, in the last seven years and let the bank statement be made public for reconciliation.


Jimoh Ibrahim, is an international thief stealing Federal Government money through massive withdrawals. Shareholders should be paid dividend but in all these companies, no financial statement has been prepared, so you cannot talk of profit or loss and payment of dividend. No dividend has been paid over the years on these companies and that probably explained why two former finance ministers have called Jimoh Ibrahim, national thief.

Jimoh Ibrahim does not pay tax in these countries but his bank account showed heavy movement of money laundering. If jimoh Ibrahim, does not do any business in USA and United Kingdom, why does he use these countries to receive money from Ghana, dubai and Sao Tome. I know like James Ibori that Jimoh Ibrahim is above the law in Nigeria but I hereby appeal to UK/USA tax authority to investigate Jimoh Tax records. He is using fraudulent system to break audit trail of large movement of money, described as income in his local records in Nigeria.

I appeal to the Federal Government for intervention. I am being persecuted, blackmailed and my character is being assassinated every day because of speaking the truth. Every day Jimoh Ibrahim as the publisher of national mirror newspaper advertises my picture with disclaimer notice and rubbish are written against my person. My life is also under threat as several strange faces now parades within the vicinity of my residence.

I appeal for international support to stop this fraudulent baron and his cohort from exterminating me. We disagree on specific issues which I have made very clear to Jimoh Ibrahim. I repeat it to the world at large, I John Nnorom do not need blood money from his flying coffin-Air Nigeria and cannot be involved in any fraudulent activities including money laundering. I detailed below the police frame charges against me.
To my Fellow Nigerians, I say a big thank you all for your support in fighting this battle. I am highly encouraged by your various e-mails from saharareporters online publication and your great comments when Aljazeera Television Station aired Air Nigeria as the Flying Coffin
JOHN I NNOROM

JIMOH IBRAHIM POLICE BLACKMAIL STORY IN NATIONAL MIRROR
Following your comment on the internet on my petition stating how jimoh Ibrahim turned air Nigeria to flying coffin, I wish to inform all how the police blackmail started. I ATTACHED MY LETTER OF RESIGNATION AND THE ACCEPTANCE BY KINFE KIHASSAYE, THE CEO OF AIR NIGERIA. In his response to my letter of resignation, he stated three points to note.

1. Why did you copy your letter of resignation to so many people, including the leasing company?
2. Help us to recover the sum of $100,000 due from a company that you introduce to us.
3. Please, make your disengagement honourable.

To make my disengagement honourable, I approached the company, cotrac global enterprise and the issue was resolved. I then ask if I could collect the money and keep as part of my exit entitlement and they said capital NO. I sought for legal opinion and my team of lawyers said, do not touch otherwise they can establish a case of criminal conversion against you. At this point, I withdrew from the resolution of cotrac global enterprise issue with Air Nigeria. It should be noted that this company has done so many business with Air Nigeria and therefore a well known vendor with Air Nigeria. On 21st of April, 2012, I was in my house, when my son showed the newspaper, National Mirror, published by Jimoh Ibraham, where my picture appeared stating that police arrested me and the sum of $75,000 was recovered from me. We were all shocked but I know jimoh Ibrahim is a man of poor character and immediately asked my lawyer to file a suit. On 27th of April a suit was filed, suit number FHC/CS/441/2012, which was later assigned to Justics Liman, seeking for the exercise of my fundamental human right and claiming for damages. This suit was served to Nigeria police, the CP in charge of Special Fraud Unit, called Tunde Ogunsakin, a childhood friend of Jimoh Ibrahim, who is extremely emotional about any issue concerning jimoh Ibrahim. Jimoh Ibrahim avoided the service of the court summons from the bailiff, so the case could not go forward because all parties must be served. In the suit, I sworn an affidavit that SFU did not arrest me, did not recover any money from me and did not invite me, that I read this issue in jimoh Ibrahim newspaper called National Mirror. On 3rd may, 20102, another publication was done in his National Mirror Newspaper, stating alleged fraud: police declare Ex-Air Nigeria Finance Director wanted.

The question that any intelligent person can ask, is that, the first publication of National Mirror dated 21st April 2012, stated that I was arrested and money was recovered from me. The second publication of National Mirror dated 3rd May, 2012, stated that police declare me wanted. How can police declare me wanted after recovering money from me on 21st April 2012 and come forward to declare me wanted on 3rd may, 2012, 12days after I was arrested. This is jimoh Ibrahim blackmail.

Since then, there has been several publications on disclaimer. I also attached other newspapers publications.

In addition to the above, on 16th May, 2012 the same newspaper published SFU arrest, detain Ex-Air Nigeria Finance Director, recovers $100,000. Nigerians should judge jimoh Ibrahim. I reported to SFU, on 14th May, with my lawyers and the suit filed in the court and on Thursday morning, being 16th May, I was rushed to court. What kind of investigation, did police do within 2 days. I was accused of being the alter ego of cotrac global enterprise, the same company that the CEO Kinfe Khassaye, while acknowledging my letter of resignation asked me to help Air Nigeria recover. I do not feel bad but I understand this as part of the persecution for revealing the truth. My article was sent to some media houses in Lagos immediately I resigned but Jimoh Ibrahim controls over 70% of the media within the Lagos area. It was only the daily independence of may 7th, 2012 that published in page 17, Ex-Air Nigeria staff denies sack, demands N25M. This matter became public through the truth fight spirit of saharareporters.com For the souls that we are fighting to save, We are indebted to Saharareporters.com

The whole story of my sack, dismissal, disclaimer and police arrest is a well-planned blackmail by jimoh Ibrahim. He is using Tunde Ogunsaken to disgrace the Nigeria Police because, when we reported the issue of my being charged to court to IG office, the question that was asked is, how did a senior police officer, concluded an investigation of such nature within a day and half.

Again this transaction was duly approved by Air Nigeria authorized signatory which as at that time includes Kinfe Kahassye, (CHIEF EXECUTIVE OFFICER), john nnorom, (EXECUTIVE DIRECTOR FINANCE) fola osibe, (ASSISTANT GENERAL MANAGER TREASURY) ernest Onwubu( MANAGER-TREASURY) and Folake Taiwese, (THE HEAD OF INTERNAL AUDITOR). All these people were not invited to the Police station. In Air Nigeria, no transaction can be executed without jimoh Ibrahim approval. Although, he is designated Chairman but he does the work of Executive Chairman. Jimoh Ibrahim reports everyday whenever, he is in Lagos in our office for meeting and gives specific directive on how each transaction shall be executed. Jimoh Ibrahim approved this transaction, so where is the fraud. The enterprise was paid naira at below black market @ N159.5 per dollar, when market rate was N161, to source for $500,00 dollars. The enterprise delivered $200,000 first week, another $200,000 in the second week and there was little disagreement on the changes in the market rate for the last delivery of $100,000. It was at this point that, Kinfe asked me to intervene and the enterprise delivered the balance of $100,000 through SFU, to Air Nigeria as was agreed despite little delay. Where is the fraud? I will upload these newspaper publications for Nigerians to study the modus operandi of jimoh Ibarhim blackmail story. LET FELLOW NIGERIAN JUDGE JIMOH IBRAHIM POOR CHARACTER AND HOW HE IS USING NATIONAL MIRROR TO BLACKMAIL PROFESSIONALS.

Thank you all for your support in fighting this battle which is aimed at saving souls. Together we shall win this battle and men like Jimoh Ibrahim will be given the right seat in this nation. He is seating on the wrong seat now and eating blood money, we will not allow him waste more souls in Nigeria.

JOHN I NNOROM

Bellview, ADC crash probes not yet concluded - AIB boss
By Onyedi Ojiabor 16 hours 22 minutes ago
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More than six years after the crash of Bellview and ADC lines investigations into the cause of the accidents have not been concluded, Commissioner for Investigation, Accident Investigation Bureau, (AIB) Captain Shuiabu Mukhtar Usman, revealed on Wednesday.
Usman spoke at the Joint Senate and House of Representatives Committee sitting investigating the June 3 crash of Dana Airline in Lagos.
He noted that while the Bellview and ADC crash investigations were still on-going investigation into the cause of the 2006 crash of Sosoliso Airline had been concluded.
Perhaps to explain why the investigations had taken unduly long time, Usman told the shocked committee members that the Bellview black box was never recovered.
He added that the investigation was at its concluding stage.
Usman did not however say when the investigations would be concluded and how the probe of the Bellview crash is progressing in the absence of the aircraft black box.
He did not say why the ADC investigation is equally taking undue time to be concluded.
Asked why black box of crashed aircraft has to be taken to the United States, he said that Nigeria lacked the capability to analyze and decode aircraft black box.
He said that they needed $5.6 million to set up a laboratory that could decode black box.
Usman said that they have started investing money on setting up the laboratory and that it might be ready next year.
The Co-Chairman of the Committee, Hon. Nkeiruka Onyejiocha, who was taken aback by the revelation of the AIB boss, wondered whether investigation into the cause of the crash of Dana Airline would take seven years.
Onyejiocha also said that the request of the Aviation Minister, Ms. Stella Oduah, that the Committee investigation should be postponed pending the conclusion of investigation by AIB could not be tenable.
She wondered whether the National Assembly should wait for seven years to investigate the crash.


http://www.thenationonlineng.net/2011/index.php/news-update/50913-bellview-adc-crash-probes-not-yet-concluded-aib-boss.html

Home | News Update | Corruption caused crash, says man who lost wife, daughter, sister-in-law
Corruption caused crash, says man who lost wife, daughter, sister-in-law
By Onyedi Ojiabor, Assistant Editor 9 hours 18 minutes ago
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The late Mrs. Okwulehie
For every disaster or incident in Nigeria, the same templates have been adopted being investigation, recommendations, white paper, etc. There is never implementation until the white paper turns brown or another disaster happens, and the template is dusted up and the circle continues. In Nigeria, operators are regulators and regulators are operators. Government officials are contractors and contractors are government officials

A man, who lost his wife, daughter and sister-in-law to the ill-fated Dana Air plane crash, Mr. Ike Ibe, yesterday blamed unbridled corruption in the country for the crash of the airline.

Ike, who appeared before the Joint Senate and House of Representatives investigative committee on the crash of the Dana Air plane, came close to shedding tears as he spoke.

He gave a blow-by-blow account of how his wife and daughter of 11 years boarded the ill-fated Dana plane.

He said: “Thank you for the opportunity to speak at this public hearing. I have come neither as a regulator nor as an operator, neither did I come as an official or stakeholder. I came because I’m involved, and I’m involved because I’ve been dazed by Dana. Half of my family, my wife Nancy, my daughter Jennifer and my wife’s Auntie Maria were victims of the Dana crash.

“On January 1, 1997, I married an angel called Nancy Echendu Ibe (nee Okwulehie). God blessed us with a warm and caring family and sent two other angels to the world through us named Jessica and Jennifer aged 13 and 11. On Sunday June 3, 2012, I drove my family to the Nnamdi Azikiwe Airport for Nancy and Jennifer to catch a flight to Lagos on their way for a family event in India. They were joined by another family member, Mrs. Maria Okwulehie. They were to be away for 10 days. Now they will be away permanently.

“When I decided to move my family back to Nigeria from the United States, many people thought I was crazy and I would regret the move before long. They were right. Here I was, yanking my family away from a society where everything works, where life is good, where the government works, where rules and regulations are obeyed, where there is high level of certainty of public and private actions, where schools are highly rated, where hospitals are properly equipped and very well staffed, where drivers are intelligent enough to pass junctions without relying on traffic warders or light, where there are hardly pot holes on the roads, where official corruption is hardly present, where leaders are trustees of the peoples’ power and people are the custodians of the power. I was dragging my family out from this society and taking them to Nigeria where everything seemed entirely and sadly apocalyptic.

“My wife and my daughters tried so hard to adapt after the first year but it was tough for them. Of all things, my family couldn’t understand the constant blaring of horns by driver, nor why there was always traffic jams, especially at intersections. They did not understand why there was constant power failure and blackouts or why we always had to generate our own home electricity, pump our own water and hire our own security personnel. They could neither understand why we had to spend hours on fuel queues or why people.

“All kinds of commentaries have been written and all shades of reasons have been adduced for the Dana crash. I have read stories that the black box had been recovered and taken abroad for analysis. If my wife were to be here, she would tell you that there’s only one reason that the black box would give for the crash and it is corruption.

“I agreed with my wife on many things during our 15 years of marriage, I would have agreed with her on this. It is very clear that over the years, the Nigerian system and structure has broken down.

“For every disaster or incident in Nigeria, the same templates have been adopted being investigation, recommendations, white paper, etc. There is never implementation until the white paper turns brown or another disaster happens, and the template is dusted up and the circle continues. In Nigeria, operators are regulators and regulators are operators. Government officials are contractors and contractors are government officials.”

http://www.thenationonlineng.net/2011/index.php/news-update/51041-corruption-caused-crash-says-man.html

Anarchy In Nigeria By Leonard Karshima Shilgba
Posted: June 19, 2012 - 11:20
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caption: ECWA church bombing in Wusasa, Zaria
By Leonard Karshima Shilgba, PhD
I have seen that there is no leader over Nigeria, so what should the people do? The people of Israel had a similar experience thousands of years ago, when there was no leader in Israel, and so every man did what was right in their eyes. Boko Haram group struck some churches in Kaduna state on Sunday, June 17, 2012. Ah, this time, the victims or the aggrieved struck back at symbols which, in their opinion, most closely represented the aggressor, Boko Haram. The word that has popped up now is “reprisals”. Now, a new dimension has been introduced into the crisis of bombings in Nigeria.

It is my consistent position that if the leadership fails to provide security to life and property and welfare for the people, then the people do not owe it loyalty; such leadership has compromised its purpose. For a long time Nigerians have suffered as the Jonathan government looked on helplessly as Boko Haram continued to kill innocent Nigerians and desecrate Christian places of worship, killing even women and children. The new dimension of reprisal attacks against Boko Haram provocations has sent across a poignant message that the people have now decided to fight for their safety and honor because the government has failed them. It is only an indicator that the Nigerian government has lost respect, integrity, and the confidence of the people. I saw war in Nigeria before that Sunday of reprisals; it was a deadly experience. The future of Nigeria can be guaranteed by the removal of the current Nigerian leadership and convocation of a sovereign national conference. This removal may come either constitutionally (via impeachment of the president and his deputy) or by a forceful overthrow by a group of patriots who can only be welcome if immediately after doing so, shall surrender Nigeria to her people for a sovereign national conference. The safety and future of Nigeria is greater than the political ambition of one man or his people.

President Jonathan lacks both the moral and mental capacity to lead Nigeria. In truth, he is not leading. The biblical David testified that when a lion and bear came and took one of his sheep, he went after them and smote them. Nigerians are being killed weekly and the president is helpless. I wonder how he manages to sleep with this obvious self-conviction that he has failed the people he should protect; he has not gone after the lions and bears. What other definition of failure of leadership do we seek other than that the shepherd has not gone to look for that one lamb that is lost? When the senate president, David Mark said after the Sunday reprisals that they (“leaders”) would “continue to appeal to people who are responsible [for the spate of violence in Nigeria]” to desist, it further confirmed that we have no leader. Leaders don’t “appeal” to criminals; they apprehend and punish them. What is the use of a country if its leaders can’t defend the people?

Why does President Jonathan lack moral authority to lead? When officials in Jonathan’s government could not answer the simple question on who approved the extra budgetary expenditure on fuel subsidy payments in 2011, Jonathan did nothing. When the fuel subsidy probe exposed to all Nigerians the apparent collaboration of government officials in the fuel subsidy fraud, the president did nothing. The president himself has been directly accused of acts that threatened Nigeria’s security (Refer to Henry Okah’s affidavit sworn to in a South African court this year). The president himself has openly confessed that he has Boko haram members in his government. Does Jonathan lack the power to sack any government official working in the executive arm of government? President Jonathan’s security adviser openly accused Jonathan’s party of being responsible for the monster called Boko Haram. Impunity is an appropriate word that can be used to describe the actions or inactions of Jonathan’s government.

President Jonathan lacks the mental or intellectual dexterity required to lead because he has run out of ideas to maintain security in the land. I should believe that he himself would be bored by any more condolences to victims of Boko Haram attacks. He has no inspiring words for the people of Nigeria. The last time he addressed the nation, he made such terrible pronouncement that threw the University of Lagos students into the streets, leading to a two-week shut-down of that university.

Whenever formal leadership fails, informal leadership is the result. When people feel endangered and there is no help from their formal leaders, they would quickly accept informal leadership that could provide some succour. President Jonathan is insidiously ceding leadership to informal leaders. Should Nigerians wait until more reprisals against perceived and real aggressive actions become so common; what happened in Kaduna only reveals a new way of responding to Boko Haram by the victims. It is not right to call on Christians to leave “vengeance to God.” What happened in Kaduna on that “reprisal Sunday” was a message, harbinger of the deadlier days that lie ahead. Christians in Nigeria, who are at the war front without any protection from the Jonathan government, would be acting in self-annihilation if they do nothing (just like the Jonathan government) and watch their children, wives, and relatives killed every week simply because they have gone to their worship centers to worship. It should not be surprising if they carry guns and other weapons of defence to their churches every week. The response of President Jonathan would determine the next course of action.

When Nehemiah went to re-build the walls of Jerusalem, he and his people faced constant opposition and danger even to their lives. What did they do in such circumstance when they had only them to protect themselves? They went to work with weapons. While they built the walls, they also watched out for the adversary. This will happen in Nigeria should the Jonathan government continue to look on helplessly as the same pattern of attacks continue weekly against the church. What we are caught in is a war. In war, anything is fair. It is only disgusting if the adversary (Boko Haram) threatens to continue attacking Christians and killing even women and children until Christians in Nigeria become Muslims. This is utter nonsense! And if the Nigerian government refrains from stopping this, then even the moderate Christians will find it difficult to restrain reprisal attacks. But I see anarchy because President Jonathan is either incompetent or cowardly.

Recent Judicial pronouncements also threaten anarchy in Nigeria. When the Supreme Court of Nigeria says that the principle of fair hearing in the Nigerian constitution does not keep in abeyance the 180 day-limitation on electoral litigation, and so a litigant “can go to hell” even though his claims have not been duly heard because of deliberate delays occasioned by the respondent, it makes a statement that in 2015 the courts may not be relied upon for determination of electoral disputes. When the Supreme Court bears no compunction upon its soul even as it interprets the constitution in a way that undercuts justice (fair hearing), it has sent out a strong message that it ceases to be the ultimate temple of justice in Nigeria; anarchy is the result.

The Nigerian legislature is presently enmeshed in one scandal and another, with one of its members facing prosecution for his involvement with Boko Haram. A former president recently referred to the legislature in Nigeria (both at the state and national levels) as a gathering of rogues and robbers. The integrity of this arm of government has been rubbished by this spate of scandals—fuel subsidy probe scandal, pension fund probe scandal, capital market probe scandal, and the electricity expenditure probe scandal. Although there have been no definitive judicial convictions in any of those scandals, the image of the legislature has not been helped by them.

Therefore, the executive, judicial, and legislative arms of the PDP-led government have only acted to create a state of anarchy in Nigeria. We the people are left with one option—the creation of informal leadership for self-protection and survival in this state of anarchy.

Leonard Karshima Shilgba is an Associate Professor of Mathematics with the American University of Nigeria and chair of the Middle Belt Alliance (www.middlebeltalliance.org )
TEL: 08055024356
Email: shilgba@middlebeltalliance.org

http://saharareporters.com/article/anarchy-nigeria-leonard-karshima-shilgba

Jonathan’s Brazil Junket A Show of “Irresponsible Executive Aloofness,” CPC Says
Posted: June 19, 2012 - 23:08
Posted by siteadmin

caption: Goodluck Jonathan and wife Patience arriving Rio today
By SaharaReporters, New York
The Congress for Progressive Change (CPC) has condemned President Goodluck Jonathan’s decision to jet out to the United Nations’ Earth Summit in Brazil in view of the insecurity and violence at home, describing it as “irresponsible executive aloofness.”

Drawing attention to the eruption of violence in parts of Kaduna and Yobe States in the past few days, including subsequent reprisal attacks that have led to a death toll of about 74, CPC said this was not the time for frivolous travels by the country’s leader.

“While we accept that the President got the mandate to act always in the best interest of the state, including attending global meetings within the framework of essential diplomacy, however, it must be stressed that such diplomatic shuttles must conform to humane, ethical and urbane standards of responsible leadership,” it said in a statement signed by its National Publicity Secretary, Rotimi Fashakin.

It noted that the atmosphere of gloom in Nigeria is now further darkened by the perceptible sense of angst that citizens wear as they mourn their mindlessly murdered fellow countrymen, a situation now exacerbated with reprisal killings and maiming that may well may well require extraordinary use of Executive Powers.

At a time such as this, and for a conference that a minister of environment can conveniently handle, CPC described Jonathan’s departure for Brazil as “akin to a head of family leaving his home still consumed by a raging inferno but finds it convenient to attend a village meeting on cleanliness of the village square.”


http://saharareporters.com/news-page/jonathan%E2%80%99s-brazil-junket-show-%E2%80%9Cirresponsible-executive-aloofness%E2%80%9D-cpc-says

Crash: We saw it coming – Tito
On June 13, 2012 · In News 7:16 amEmail1

LAGOS — Former Nigeria Airways pilot, Captain Tito Omaghomi, has said that concerned stakeholders in the aviation industry had seen the June 3 air crash involving Dana Airline coming because cutting corners was now the order of the day in the industry.

Speaking with a team of Vanguard editors, Captain Omaghomi, who has 35 years flying experience, described the Dana air accident as unnecessary and uncalled for.

He said: “We saw it coming. I remember giving a warning here some weeks ago before the Dana accident, that our airspace is no longer safe because people are now cutting corners in aviation and we have been saying this but nobody cared to listen.

“Aviation is not the place to give jobs to the boys, it is not a place where you must operate quota system. If all the best hands we can find come from the smallest village inNigeria, they should be put there.”

He maintained that the best safety device in the aviation sector was to have well maintained aircraft and well trained crew and asked why presidential aircraft do not have accident.

According to him, “presidential aircraft are well maintained and they have well-trained crew. Why can’t we transfer that maintenance culture of the presidential fleet to the commercial planes?”

Faulting President Goodluck Jonathan’s statement that those who are found to be responsible for the crash would be punished, Captain Omaghomi said: “Air accident is not investigated because they want to punish anybody because the engineer and all those who cleared the plane to fly will cover their tracks. Investigation is carried out to determine the cause in order to prevent future air mishap.”

On the panel set up by the Federal Government to probe the incident, he wondered what kind of report the panel would come up with where members of the panel were either staff of the Nigerian Civil Aviation Authority, NCAA, or ADC Airline that had not paid compensation to the victims of its air crash some years ago.

He also said the international community would not accord any recognition to the report of the panel because only Accident Investigation Bureau, AIB, was recognised all over the world to investigate any air accident

He dismissed the argument that the age of the aircraft determines its safety in the sky saying age has nothing to do with planes. He explained that DC 3 planes which were used during the war are still being used in the U S. adding that what is important is to have new engines in the plane.

4 Igbo Traders Killed In Yola-PM News, Lagos
Posted: May 28, 2012 - 23:35
Posted by siteadmin
By PM News, Lagos
Less than 24 hours after gunmen attacked muslim worshippers in Potiskum, another set of gunmen on a motorcycle shot dead four traders from the mainly Christian Igbo ethnic group in north eastern Nigeria on Monday, residents said.

Islamist group Boko Haram has carried out scores of shootings and bomb attacks in northern Nigeria, but it was not immediately clear who was behind Monday’s killings in the city of Yola, the capital of Adamawa state.

Police could not be reached for comment.

“Two men riding a motorcycle came by some shops owned by Igbo traders,” one resident said.

“They shot dead the four men chatting outside their closed shops around 3:30 pm. Igbos in the city had refused to open their shops in protest over the killing of a bartender in a beer parlour last night by some gunmen.”

In January, gunmen opened fire on worshippers at a church in Yola, killing at least eight people.

Boko Haram’s insurgency has taken more than 1,000 lives since mid-2009.


http://saharareporters.com/news-page/4-igbo-traders-killed-yola-pm-news-lagos

‘Nigeria ranks second in road accident fatalities’
By Augustine Ehikioya, Abuja 2 hours 16 minutes ago
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Health Minister, Prof. Onyebuchi Chukwu
Nigeria has the second highest road traffic accident fatalities among the 193 countries in the world, Health Minister, Prof. Onyebuchi Chukwu has said.





Chukwu, who spoke through the Director of Special Project in the ministry, Dr. Michael Arene at a press conference to mark the first anniversary of the United Nations (UN) Decade of Action in Abuja, said Nigeria records 162 deaths per 100,000.

The high rate of deaths apart, the minister said the trend was adversely affecting the health system in the country and hampering its attainment of Millennium Development Goals (MDGs) 4 and 5.

But government, according to him, has responded to the trend with many measures including initiation of the integrated National Emergency Ambulances Services.

He said: "Road traffic accidents have led to the death of men, women, boys and girls and even the unborn child, impacts negatively on our ability to achieve the MDGs as most people affected are the youths.

"There is a need to halt this trend in order to achieve the attainment of MDGs 4 and 5 aimed at reducing infant mortality and improving maternal mortality."

Also speaking at the occasion, the National Focal Person for UN Decade of Action in Nigeria, Dr. Sydney Ibeanusi said over 80 percent of injuries in Nigeria are traffic accidents related.

Stressing that road traffic accidents are the third leading cause of deaths in the country, he said that 1.3 million persons are killed and 50 million injured globally every year from road crashes.





The Corps Marshal of the Federal Road Safety Corps (FRSC), Osita Chidoka said that in the bid to create a synergy with Non-Governmental Organizations (NGOs) towards reducing road crashes in Nigeria, the Nigeria Road Safety Partnership (NRSP) was set up involving private sector organizations and NGOs.

http://www.thenationonlineng.net/2011/index.php/news/46419-%E2%80%98nigeria-ranks-second-in-road-accident-fatalities%E2%80%99.html

Auto firms threaten to withdraw palliatives buses over huge debt
On May 9, 2012 · In News 10:12 pmEmail0

BY THEODORE OPARA

LAGOS – The Federal Government’s inability to pay suppliers of the 2,500 high capacity buses it ordered as a palliative measure to cushion the effect of the January increment in fuel pump price may soon cause untold hardship for commuters nationwide as the automobile companies have threatened to withdraw their vehicles from the operators of the government mass assisted scheme.

Six automobile companies including National Truck Manufacturers, (NTM); Tata Motors, VON Automobiles (Ashok Leyland); ANAMMCO (Mercedes) Globe Motors (Hyundai and Toyota) and Elizade Motors (Toyota) were contracted by the government to supply the high capacity vehicles valued at over N15 billion through a letter by the Urban Development Bank on January 8, 2012.

But five months after, the automobile company were yet to be paid for the first batch of the supply of 1250 units of buses valued at N8.9 billion, a development which has necessitated the suppliers to threaten to withdraw all the buses pending when the government shall pay.

A source told Vanguard, that the suppliers had perfected plans to retrieve the vehicle from operators of the government mass assisted scheme soon to recover the huge debt.

According to the source, the suppliers planned to withdraw the vehicles and park them in the bank warehouses pending the payment by the government.

It further stated that the next batch of supply of 1250 units has been put on hold as a result of the huge debt.

He said: “As I speak with you now, we are groaning under high bank interest rate and may close shops as a result of government’s refusal to pay the debt. We have discontinued further supply of the remaining 1250 units and may consider the option of suing the government to recover our money.

“When government invited us to supply the buses they gave us only two days to do so and we borrowed at a very high bank interest rate thinking that the government would live up to its promise to pay in good time. But five months down the line, the ministries of Finance and Investment are yet to contact us.”

http://www.vanguardngr.com/2012/05/auto-firms-threaten-to-withdraw-palliatives-buses-over-huge-debt/

SEC Refutes Claims of Former Stock Exchange Boss, Ndi Okereke-Onyiuke as Lies, Lies and More Lies!
Posted: May 9, 2012 - 00:26
Posted by siteadmin

caption: Ndidi Onyiuke-Okereke
By SaharaReporters, New York
The Securities and Exchange Commission (SEC) has disclosed that Mrs. Ndidi Okereke– Onyiuke, the former Nigerian Stock Exchange (NSE) boss, had before her removal initiated the process of acquiring a loan of 20 million US Dollars from African Export – Import Bank for replacing the NSE trading platform , the same that the current leadership of the NSE has been able to arrange from the same supplier for just 10 million US Dollars.

The NSE made the revelation today in a statement it said it wanted to issue speedily because Okereke-Onyiuke’s claims at the House of Representatives were “downright false and deserve quick refutation and rebuttal so that the investing and general publics as well as the public records do not retain such falsification.”

Identifying the May 20, 2011 judgment of Justice Idris Mohammed at a Lagos High Court, which Okereke Onyiuke claimed that the SEC only appealed the award of N500m to her in damages, SEC described this as entirely false.

“The appeal challenged both the substantive judgment as well as the award of N500m which was not sought for by Okereke–Onyiuke. Given the fact of this appeal therefore, her claim to being the DG of the NSE is clearly false.”

With regard to the issue that the SEC and CBN approved what called the “Offer Prospectus” for “Private Placements” which have remained unlisted on the NSE, the statement also dismissed it as “entirely incorrect,” stressing that at no time did the SEC ever approve offer documents for vendors of private placements.

“We decry this recourse to deliberate falsification of facts by Okereke – Onyiuke under oath,” the SEC said.

“We invite her to deposit proof of this fabrication in the public domain. As a matter of fact, the SEC had placed a number of ‘buyer beware’ advertorials in key national daily newspapers advising the investing public that private placements were beyond the regulatory purview of the SEC.”

Turning to Okereke-Onyiuke’s claim that the SEC was not performing its market development responsibility, SEC said that was also untrue, as the sub-committee system which has been revitalized by the SEC is a market–wide development initiative which is intended to confront all areas of deficiency in the market.
“The recent investor outreaches in Sokoto, Port Harcourt and Kano as well as ongoing capital market awareness programmes in secondary schools and universities, and market wide capacity building in collaboration with sister regulatory agencies and multilateral financial institutions, are all instances of market development effort undertaken by the SEC,” it said.

“On the NSE’s trading platform, the SEC also dismissed Okereke Onyiuke’s claims as false. “What is material for us, from a regulatory point of view, is that appropriate machinery has been set in motion to overcome the challenges posed by the platform bequeathed by Okereke–Onyiuke through wholesale replacement. Contrary to the misinformation offered by her, the platform has a lifespan which lapsed in December 2011. It is not a renewable or upgradable technology like she claimed.”

With reference to the subject of succession planning, about which Okereke -Onyiuke claimed that she had a plan in place, the statement said it was common knowledge that she kept vacillating and delaying her exit despite having spent 10 years in office as Director General and 26 years in the employment of the NSE in senior managerial cadre. “The SEC intervention was the only way to cut short her reluctance,” the statement said. “It was the only [way] to put paid to the regime of unaccountability and financial recklessness which she had instituted to the point that the exchange was on the verge of bankruptcy.”

The Director-General of the SEC, Mrs. Arumeh Oteh, is on record as saying that Okereke-Onyiuke presided over the collapse of the Nigeria capital market through corruption, cronyism and mismanagement.

Since her departure from the NSE, it has been found that “Madam Stock” was not even qualified for the job, which she assumed in 1983, in the first place. Although she claimed to have earned a Ph.D. from the City University of New York (CUNY), this has been found to be false. Also false is her claim to have worked at the New York Stock Exchange for many years.

Okereke-Onyiuke was part of the grand and fraudulent conspiracy to sell 200,000 shares of Transcorp to President Olusegun Obasanjo while he was still in office and founding the corporation, part of the ethical emptiness that has led Nigeria into economic and political turmoil today.

http://saharareporters.com/news-page/sec-refutes-claims-former-stock-exchange-boss-ndi-okereke-onyiuke-lies-lies-and-more-lies

Nigeria Orders Ex-Militants Out Of South Africa Over Flaws Of Amnesty Programme
Posted: May 6, 2012 - 21:52
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caption: Militants in South Africa
By Peter NKANGA
The Nigerian government has been insincere in its running of the Niger Delta Amnesty Programme, 90 ex-militants in South Africa have often cried out. Of this number, 28 arrived the Lagos Murtala Mohammed International Airport today at about 7p.m (Nigerian time), seemingly deported for raising the alarm over how Nigeria’s ex-agitators are being treated abroad.

On the SA60 Lagos bound flight was the Special Adviser to President Goodluck Jonathan on the Niger Delta Amnesty Programme and chair of the Amnesty Committee, Kingsley Kuku, along with other government officials including Henry Ugbolue, the spokesperson for the Amnesty Office. Days earlier, they had flown into South Africa to quell a controversy which in the past two months threatened to expose embarrassing dealings within the Amnesty Office which oversees the training of over 26,000 Niger Delta fighters who laid down their arms in response to late President Umaru Yar’Adua’s June 2009 amnesty call.

In this case, the ex-combatants had said they were deceived into believing they were coming to South Africa to be trained in Oil and Gas drilling; only to arrive South Africa on March 14, 2012 to be forced to learn carpentry and bricklaying.

Speaking from South Africa on Saturday night, Mr. Ugbolue however denied the ex-agitators were to be deported. He said they would only be returned to Nigeria pending when the Nigerian government would source a school offering oil and gas drilling for them.

“It is not true! They [ex-militants] said they want change of courses” Mr. Ugbolue said. “And they have the right to change their mind. So the SA [Mr. Kuku] said ok we will go back to Nigeria and look out for countries offering these specific courses they want before taking them there.”

Mr. Ugbolue, who could not say how long the returnees would have to wait once back in Nigeria, however blamed the ex-agitators for their predicament. He said they only declared they wanted to be trained as oil and gas technicians and not specifically stating oil and gas drilling. He also absolved Tubos International Limited, a training partner to the Amnesty Programme, of any wrongdoing in training the ex-militants. Tubos was the company contracted to ensure the ex-militants get their desired education in South Africa.

But Mr. Ugbolue’s efforts at make belief contradict the opinion of the Amnesty Office and Mr. Kuku who at a press conference, as stated in a December 8, 2011 official communiqué, categorically said “the placement of the trainees in skills acquisition/vocational programmes is based on their expressed interests in areas such as pipeline welding, underwater welding, ocean diving, crane operations, aviation, boat building, oil drilling, automobile technology, fish farming and entrepreneurship as well as formal education.” Nothing was mentioned of carpentry or bricklaying.

Furthermore, in the case of the 90 ex-combatants, they had consciously decided they wanted to study Oil and Gas drilling which they communicated to the Nigerian government while at the Amnesty rehabilitation and training camp in Obubura, Cross River State. Based on their chosen course, they individually received text messages and phone calls from officials of Tubos International Limited to attend an interview at Grand Montecito Hotel in Rivers State on January 19, 2012. There, they were told the company would facilitate their training in Oil and Gas drilling.

By March 14, the ex-agitators had arrived Cape Town, South Africa. Lodged at the Ritz Hotel, Sea Point Cape Town, which Tubos sourced for them, two officials of the company, Ms. Alexandra, a lawyer, and Mr. Robinson, the Tubos’ project manager told them their induction and orientation would begin the next day at Northlink College, a South African public Further Education and Training centre. But on March 15, they got a nasty shocker.

“The management of the college openly stated that the school has nothing to do with Oil and Gas or intention to train us to become Oil and Gas Technicians,” said several of the ex-militants. “Rather, they are equipped and prepared to train us on brick lying, carpentry, automobile mechanic, wielding and boiler making.”

The ex-militants, in a letter jointly signed on March 17, then petitioned Kingsley Kuku, the chairman of the Amnesty Committee and Special Adviser to President Goodluck Jonathan on the Niger Delta Amnesty Programme; Ibrahim Bashiru, Nigeria’s Ambassador to South Africa; and Stan Rerri with the Monitoring and Evaluation Committee of the Niger Delta Amnesty Programme, complaining how Ms. Alexandra and Mr. Robinson, supported by the staff of the Niger Delta Amnesty Office, especially one Ms. Ronke working in the Re-integration Department, threatened them with deportation if they refused what Northlink College was offering. Besides complaints of Tubos forcing them to sign a “extraordinarily stringent undertaking” putting them under conditions other lodgers at the hotel are not subjected to, they were also refused any right to create a representative committee amongst themselves.

“Mr. Robinson stated that we shall be deported to Nigeria, handed over to the Nigerian law enforcement agencies, our names blacklisted and all our rights as amnesty trainees shall be withdrawn,” the trainees said. “All 90 students were taken to Northlink College under duress and compelled against our wish to register for the above mentioned courses.”

By March 19, eleven of them boycotted their training classes in peaceful protest. By March 20, their number had increased to 40 and then 65, forcing a general meeting between the Nigerian government, Tubos, and the aggrieved trainees. By this time the crisis had already begun being reported in the South African media. Having identified those trainees determined on being trained in oil and gas drilling during the meeting, the Nigerian authorities promised the trainees a quick resolution was at hand. In an internal memo from Mr. Kuku’s office, urgent action was mandated.

“We quietly and quickly deport those trainees adamant on studying Oil & Gas related courses back to Nigeria immediately,” read a portion of the memo. “This way, these trainees can wait in Nigeria until they are called for a course that is to their liking, and the other trainees attending classes will not be influenced to join this growing group.”

But this action was stalled following observations that, “deporting our own trainees (over issues not related to violence or serious misconduct) back to Nigeria in less than one-week of their arrival to Cape Town could signal some operational lapses on the path of the Amnesty Office’s service provider [Tubos International Nigerian Ltd], or even worse – the Amnesty Office in Abuja.” They then decided to buy time.

It was not until March 27 those identified trainees were invited by Mr. Robinson and one Mr. Jones Emeka, the head of Nigeria’s Amnesty Monitoring and Evaluation Committee in Cape Town for a meeting ostensibly between them and the new school sourced to train them in oil and gas drilling. But to their shock, the ex-militants said they were informed by Derby Thompson, a South African and Welfare Officer of Tubos International Limited that they had been expelled from Northlink College.

“Mrs. Derby Thompson made it clear to us that she has gone ahead to hold meeting(s) with the school authority to facilitate our expulsion,” said the ex-agitators. “... that she and Northlink College have started the process to get our visas cancelled, and she promise that she will ensure that we are arrested as illegal immigrants.”

But speaking on behalf of staff of Tubos International Limited, Joseph Penawou, who sits on the board of the company, in a telephone interview defended Mrs. Thompson as being an elderly woman not capable of committing any wrong. He said all the allegations against his people are aimed at discrediting the Amnesty Program.

“All these are lies,” Mr. Penawou said. “There is no way the Amnesty Programme would deploy students to Cape Town without having gone to inspect the facilities and certified it fit enough to train on skills acquisition programme. People are just trying to discredit the Amnesty programme, so just ignore it.”

Not wanting to be portrayed negatively to the world in order to justify a forceful deportation, as has been the case of deported ex-militants worldwide, the ex-militants, in a signed letter dated March 28, again appealed to Mr. Kuku; Nigerian Ambassador Bashiru; and Mr. Rerri for fair treatment in their non-violent demand for their right to be given training in oil and gas drilling.

Further apprehensive of the Nigerian government’s next step considering their passports had being confiscated, and they were not given any certified copies of their passport’s info page, they also addressed their letter to Professor Kimse Okoko and Bristol Alagbariya of the Ijaw Youth Congress; Ledum Mitee of the Movement of the Survival of the Ogoni People (MOSOP); Joy Imeli, the Public Affairs and programmes director with the Foundation for Ethnic Harmony in Nigeria (FEHN); and Remmy John, the Head of Re-integration under the Niger Delta Amnesty Committee; also copying Derby Thompson.

Fearing a trap, 62 of the ex-militants decided against following Mr Kuku back to Nigeria, instead accepting to undertake any training forced on them; leaving the 28 others resolute enough in their pursuit to expect Nigeria will maintain its promise to train them in oil and gas drilling.

Time will tell even as the clock ticks towards an end to the Amnesty programme which Mr Kuku has hinted could finish in 2013.

Report written by Peter NKANGA -2011 African Investigative Journalist of the Year (FAIR); and two-time Wole Soyinka Investigative Journalist of the Year (2011, 2010))


http://saharareporters.com/report/nigeria-orders-ex-militants-out-south-africa-over-flaws-amnesty-programme

And Olaitan Died By Malcolm Fabiyi
Posted: May 6, 2012 - 23:17
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caption: Comrade Olaitan Oyerinde
By Malcolm Fabiyi
I remember the day I met you almost two decades ago as if it was yesterday. I was President of the University of Lagos Students’ Union at the time. I had just been released after 30 days of torture and detention in Abacha’s gulag. The period after was one of flux. There were wounds to heal from and the local challenges of leading a proscribed and demoralized Union at Unilag to attend to. But, there was also a national struggle to fight. June 12 had been annulled, an illegitimate government was in place, and all patriots had a role to play in the urgent struggle for the restoration of democracy.

The safe house at Mushin was our theater. I still smile, even now through tears, as I recall that four of us, five sometimes, shared a bed, and a chair in that face-me-I-face-you apartment that we shared. I recall the long nights of discussion and debate during which we – you, me, Revo, Femi, Kola, and sometimes Aremson and Sango - talked about literally everything under the sun; from the Marxist-Leninist-Trotskyite-Stalinist divisions in Nigerian socialist progressive circles, to the Cuban revolution, the sheer incredulity of Castro’s march through the Sierra Maestra and his eventual takeover of Cuba; we talked of Che Guevera’s contributions to the Cuban and global revolutionary struggle; and we debated Nigeria’s turbulent political landscape and the path forward. You held the strong view that the labor movement was essential to the Nigerian struggle. It was at Mushin that I discovered the works and contributions of Mokwugo Okoye, Raji Abdallah and others – whose names are not in the history books, but whose contributions to the Nigerian nation are without parallel.

You were a force of nature, and your frame belied the fire that raged in your bones. Your intellect was fierce and piercing. If most people who have read reports of your passing do not know you, if they do not understand what has led to the outpouring of grief and this outrage at your violent death, it is because it was in your nature never to seek a stage or platform for yourself. You were content to organize, to work fervently but silently behind the scenes. Those who had the good fortune to cross paths with you, to sit with you, to live with you and to learn from you know that Nigeria has lost one of its brightest lights. The assassins of Edo, did not just kill a man, they killed a pure and a gentle soul, a true patriot. The heavens are one star dimmer.

But it was not all politics, talk of struggle or revolution and intellectual disputations with you. You played as hard as you worked. You introduced me to Baba 70, and exposed me to the cultural and emotional side of activism. It was with you that I first went to Fela’s Shrine. It was through you that I got to meet and to know a number of people who have since made indelible marks in my life.

Ironically, it is another incident involving Edo State that comes to my mind when I remember you. In 1994, at the height of the June 12 crisis a NANS Senate meeting was convened at Auchi Polytechnic in Edo State. It was an important convention, one in which a position was to be taken by NANS on the Abacha dictatorship. We all agreed that every progressive voice had to be at that convention to push for continued resistance to military rule by Nigerian students, to complement the efforts of NUPENG and PENGASSAN. There was concern that if we had no voice present, the reactionary elements within NANS would sabotage the struggle. As a Students Union President, I was also a NANS Senator – with a voice and a vote at the Auchi Senate meeting. We had limited funds, but when did that ever stop us from moving forward? The UNILAG contingent consisted of myself, Deji Kolawole, then Speaker of the University of Lagos Student’s Union Parliament, Tope Ajeigbe and Jones Idonije (of blessed memory), both stalwarts of the struggle. You and Femi Obayori helped us raise whatever monies you could in Lagos, and then you handed me a note and said if we ever ran into any trouble, we should drop by to see Osagie Obayuwana in Benin. “Osagie will take care of you if the need arises” you said. Well Olaitan, we ran into trouble. The not too Luxurious, Luxury Bus that we boarded from Ojota to Benin, broke down after Ore. The driver promptly disappeared with all of our fares. The hapless conductor was almost lynched by the irate passengers. We stayed the night by the roadside and hopped on a Newspaper delivery Pick-up van to Benin in the early dawn. We arrived in Benin destitute, and at Osagie’s home penniless. Osagie took one look at that note, and as you had promised, took very good care of us and set us on our way to Auchi. We got to Auchi in time for the debates about the path forward, and with other progressive elements, we were successful in pushing forward the resolution that we sought. NANS, at least for a while, remained a strong bastion of the struggle to restore democracy in Nigeria.

Thank you Olaitan for your life of service to Nigeria. I salute your commitment to the cause of freedom, your many sacrifices, and the countless privations you suffered. I salute your unalloyed commitment to the cause of Nigerian workers. And I thank you for sharing your deep intellect and for helping me to navigate the complex tapestry of the Nigerian activist space. You died doing what you loved – serving Nigeria.

Where you are, there is no more dread of death. I am sure Mokwugo, Raji, Imoudu, Rewane, MKO, Saro Wiwa and the countless patriots that have laid down their lives for our nation have already gathered around you, seeking to know what has become of Nigeria. Tell them a battle rages for Nigeria’s soul. Tell them corruption still ravages the land. Tell them death no longer comes in letter bombs, or torture cells. It stalks the streets, it sits in places of worship and visits Newspaper offices. Tell them Nigeria still lacks direction and purposeful leadership. Tell them corruption is rife, and that the poor are poorer still. Tell them the Nigerian worker is worse off today than he was when they walked amongst us. But also tell them, that the embers of struggle still burn. Faintly maybe, but they still burn.

To those who conspired to kill you, and those whose hands pulled the bullets that felled you, we say this prayer. May they and the ones they love, walk always upon famished roads. Death’s sickle will harvest their young in their prime. They will bury children, and children’s children, and mourn their living as though they were dead. Their barns, now bristling with wealth that drips with the blood of innocents will be assailed with palmerworms, cankerworms, weevils and fungi. Diseases that mystify the physician will dwell within their homes. Justice will stalk them, like a Hyena, its prey. From now, only elegies will be sung in their homes. There will be no tears at their passing. They will be unsung, forgotten, like wilted acacia leaves in the Harmattan season.

You cannot be forgotten, Olaitan Oyerinde because you have done too much for too many. Those of us who remain promise you this: that as long as breath remains in our being, the struggle will continue. Men can be killed. But ideas, voices and ideals can never die. You will live on, in our hearts and in our memories. We will speak for you and channel your voice with each word we speak or write about our nation, and the vision and path to its greatness. Farewell, brother. May your revolutionary spirit live on.
Aluta continua, Victoria Acerta!

http://saharareporters.com/article/and-olaitan-died-malcom-fabiyi

Another banking crisis coming up – 2
On May 7, 2012 · In Sobowale On Business 12:22 amEmail0

By Dele Sobowale
Those who go in for banking must accept the consequences, because if there were no consequences, everybody would go in for banking”. Charles Dickens, 1812-1870

If anyone had asked Sanusi Lamido Sanusi three years ago his choice between becoming the Emir of Kano and the Governor of Central Bank; he would have chosen the former. But like Prince Charles of Britain, whose mother, Queen Elizabeth II, has reigned since 1952, and is still going strong, Lamido too must wait indefinitely to pursue his ultimate ambition – which does not include being remembered as a great banker. Banking was just something to do while waiting.

That was why, unlike his predecessor, he did not lobby much for the job; instead the job came looking for him. That might have explained his distractions and his aloofness bordering on arrogance.

Soludo plotted his own ascendancy to the Central Bank of Nigeria. First, as Chief Economic Adviser to the President, he was the lead author of the National Economic Empowerment and Development Strategies, NEEDS I; which was full of tantalising projections about where Nigeria would be by 2010.

But, tucked in that document was the key point – Nigeria would not get there with all the weak banks then operating. And the only person to do the job must be an outsider. For too long insiders, meaning former Managing Directors of commercial banks have been promoted to the post.

That idea must have been drummed into Obasanjo’s ears – who eventually caved in and when Chief Joseph Sanusi, ex-First Bank Managing Director left, Soludo became the logical choice. He wanted to leave a legacy; unfortunately, what he left was not quite what he had in mind.

When Sanusi took over,he proceeded to dismantle the Soludo legacy. And although, there is no indication he intends to erect a monument, he will all the same. The crisis might occur before he goes to Kano for the coronation. It is brewing with a fury known only to beer Brewmasters.

Most banking crises start from one incident, a breach of the rules and regulations, in one bank which benefits a few people; gets copied by other banks or is repeated by the same bank until it becomes routine. The current case involving the former Managing Director of the defunct Intercontinental Bank, Plc and the former governor of Kwara State is one of the two examples which will be examined today to round up this warning.

As stated last week, if the allegations are proved beyond reasonable doubt, the the Governor of the Central Bank must bear a significant portion of the blame for appointing someone whose track record had been revealed as questionable in the past.

At the moment the focus is on one allegation pertaining to granting waivers to Senator Saraki’s firms under questionable circumstances and releasing the securities for the loan prematurely; thereby leaving the bank holding to thin air for its exposure – N9 to 11 billion worth of it. One can only pray it is not true; for the sake of Mr Alabi; more for the sake of Senator Saraki and for the sake of the Nigerian banking sector.

That incident raises several questions to which this writer already has some answers. The first is, was that the only loan handled in this manner? If not, how many more loans are involved? For those who might not grasp the implications of those questions, let me quickly explain.

Intercontinental Bank had since merged with Access Bank and unfortunately the existing bank might have, inadvertently, inherited more toxic loans from Intercontinental. Two closely linked aphorisms serve as our guide here. The first says, “Appetite grows with eating”.

The second was provided by the only elected President Nigeria never had, late Chief M.K.O. Abiola. He said, “No man stands all day in the rain for nothing”. These questions are pertinent, not just in the Intercontinental case but with all banks existing at the moment.

The next question is for the Central Bank to answer. Are there no guidelines which must be followed before a bank can grant this magnitude of a waiver? If, yes, were they followed and did CBN examiners to the bank check these? If not, how could the examiners have missed this huge write off?

The more you look, the more it can be seen that the CBN was somehow derelict in its duties and its responsibilities to the shareholders of the bank who had no say in the appointment of the Managing Directors. And, if it was careless in one case how can the stakeholders in the banking sector have confidence that this is an isolated case. Information reaching me suggests it is not.

When we turn to the pension scandal, one is appalled and the heart melts. Here the rules and regulations guiding deposits by individuals, as well as opening of accounts are so clear that no banker can claim ignorance of them. There is the “Know Your Customer” principle and the mandatory requirement to report deposits of one million or more into an individual account.

Yet virtually all the banks conspired with old and new customers to launder stolen pension funds belonging to millions of individuals. Even with the rather lenient penalties attached to these offences, the banks face billions of naira in penalties directly; and billions more in claims from affected groups indirectly.

In these cases we are not talking about a few individuals but a systemic and pervasive violation of the laws. The bankers who have appeared at public hearings have sounded like people interested in passing the buck and running for the border than people certain of their innocence. Heads, again will roll.

Sanusi, this time, should not be allowed to single-handedly appoint new Chief Executive Officers to replace those who might be implicated.

The obvious question; to which there is also an obvious answer is: why did so many bankers risk their careers and the fortunes of their banks by engaging in widespread money laundering? The answer is “they were desperate”. Both individually and as banks people had become desperate.

Retrenchment occurs every day sending hundreds of bankers into the job market and an uncertain future. Most, on account of loans taken, would depart with very little. Under the circumstances, it was easy to bend the rules, collaborate with pension fund thieves and hope to put away something for the future.

Diminished job security is one reason for the collective violation of banking rules and regulations. The negative variances between projected revenue and profits also act as catalysts to law breaking. When deposit targets are not being met, bank managers become vulnerable to dubious deals.

Most succumb hoping that the violations can be concealed through a combination of other deals with CBN staff, creative accounting and complaisant auditors. Some of the tell-tale signs are there when depositors spend long hours at branches trying to withdraw money.

Also, when your bank “fails” to clear local cheques deposited within three working days, or out of state cheques for almost a week, into your account – especially on week-ends — you should suspect deliberate delay by the bank. Or when salaries paid into your account “have not been processed”. Invariably, it is not just a few customers; it is every customer who is subjected to “go slow” treatment.

Like all the previous bank crisis, this too started slowly, by a few bank managers in a few branches and regional offices. Suddenly, the exception became routine once again in Nigerian banks. But, as appetite grew with eating, it became an all-comers affair. Now virtually all the banks were consumed by it.

The CBN had been issuing threats to deal with all the banks involved. That is akin to wanting to close the gate after the cows have fled. To start with the bankers opening dubious accounts did it deliberately and were paid for their “services”.

Furthermore, a lot of the funds deposited and which, if reported as required by law, would have been recovered intact have been spent. A great deal of the stolen funds and the bribes to the bankers have vanished; but the banks are liable.

Once again, the question is: where were CBN bank examiners while all these were going on? Increasingly, what these cases reveal is a governor and group of Executive Directors who have been derelict in their duties; who have not been supervising the banks and who have allowed another crisis to develop so soon after the last one. Like drunken sailors on shore leave our bankers have stumbled from one crisis to another – thanks to poor supervision this time.

http://www.vanguardngr.com/2012/05/another-banking-crisis-coming-up-2/

Reps summon Soludo, Dangote others over Capital Market crash
By Victor Oluwasegun and Dele Anofi, Abuja 13 hours 38 minutes ago
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Prof. Soludo
•Want MTN, AIRTEL,Etisalat others listed



The House of Representatives Ad hoc Committee on the near collapse of the Capital Market yesterday summoned the immediate past governor of the Central Bank, Prof. Chukwuma Soludo, former Finance Minister, Dr. Mukhtar Mukhtar, Chairman of Dangote Group,Alhaji Aliko Dangote,Mr. Femi Otedola, Mr.Oba Otudeko, the Executive Secretary of Department of Petroleum Resources (DPR) and the Executive Vice Chairman of Nigeria Communications Commission (NCC), Mr. Eugene Juwah, to appear before it on Tuesday next week.

Also invited by the committee are former Director General, Securities and Exchange Commission (SEC), Mr. Musa Al-Faki and former Director General, Nigeria Securities and Exchange Commission (NSE), Mrs. Ndi Okereke-Onyuike.

They are scheduled to appear on Monday.

Each of the invited persons is expected to answer questions on the role he played in the months preceding the collapse of the capital market.

Alhaji Ibrahim El-Sudi, Chairman of the Ad hoc Committee, explained that the House would encourage the listing of MTN, Airtel and other public liability companies on the stock exchange with a view to boosting the liquidity of the sector..

Deputy Governor, Financial Systems Stability, Dr. Kingsley Moghalu, alleged last Wednesday that that the worst sharp practices that taffected the stock market took place under former CBN Governor Soludo’s watch.

This is the reason for Soludo’s summon.

He will be answering questions on alleged sharp pratices by banks that contributes to the fall of the market during his time as CBN governor

http://www.thenationonlineng.net/2011/index.php/news/45501-reps-summon-soludo-dangote-others-over-capital-market-crash.html

Diezani lobbies Tukur in US over cabinet reshuffle
May 5, 2012 by Olusola Fabiyi, Abuja 11 Comments
The Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has met with the National Chairman of the Peoples Democratic Party, Alhaji Bamanga Tukur, in Houston, US, to solicit help in her bid to retain her cabinet job.

They met on May 1 after the opening ceremony of the Nigerian Pavilion at the just concluded Offshore Technology Conference 2012 in Houston.

An investigation by our correspondent showed that the minister facilitated the travelling of the party chairman for the trip, with the aim of using it to enlist Tukur’s support in the bid to retain her job, since President Goodluck Jonathan is said to be contemplating dropping some ministers.

A source, who was privy to the meeting, said the minister was afraid that the President could yield to calls from different quarters for her removal. The calls for the minister’s removal became strident since the conclusion of the House of Representatives Ad Hoc Committee on Fuel Subsidy Management.

“The minister knows that she is no longer popular among Nigerians, especially among the civil society groups, human rights activists and some lawmakers, who are demanding her removal from office,” the official said on Friday, seeking not to be named because he was not authorised to speak.

“She has lobbied several people in the country, but decided to lobby the national chairman of the PDP, whom she brought to Houston for the Offshore Technology Conference.”

It was, however, not clear whether Tukur agreed to speak with the President on her behalf or not.

A coalition of civil society groups had also called for Alison-Madueke’s removal on account of her indictment by the Farouk Lawan-led subsidy probe committee.

The groups include the Human Rights Writers Association of Nigeria, and Policy and Legal Advocacy Centre.

They also backed the call for the prosecution of all the senior government officials and marketers indicted by the committee’s report.

The civil society groups, which kicked against an alleged move to kill the House report, urged the lawmakers to further investigate whether serious constitutional breaches had occurred that would warrant a necessary legislative action or sanction against those indicted.

“The Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke should be immediately sacked and investigated with a view to possibly prosecuting her for serious corruption or complicity therein,” the PLAC coordinator, Mr. Clement Nwankwo, told a news conference in Abuja.

“In addition, all other public and civil servants, who participated in the subsidy scam, whether by connivance or negligence in the ministries of finance and petroleum, the Accountant General’s office, etc, should also be sanctioned and brought to account.”

At the briefing were Mkpume Daniel, Danda Garuba, Dan Nengel, Eze Onyekpse, Collins Okeke and Emmanuel Onwubiko.

Apart from this, a group of members of the House of Representatives had also called on the President to relieve the minister of ministerial job.


http://www.punchng.com/news/diezani-lobbies-tukur-in-us-over-cabinet-reshuffle/

They have killed my son - Oshiomhole
By Osagie Otabor 5 hours 44 minutes ago
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Oshiomhole
Governor Adams Oshiomhole on Friday gave the Edo State Police Command a 14 -day ultimatum to fish out the killers of his Private Secretary, Comrade Olaitan Oyerinde.
Oshiomhole said if the police failed to do proper investigation on the killing of three journalists last week and that of Olaitan, he would convert his leadership of the state to find solution to the problem of insecurity in the state.
He spoke while addressing members of the Action Congress of Nigeria after joining them in a street protest over the killing shortly after returning from Abuja.
Oshiomhole, who was moved to tears, joined in the protest from the Benin Airport through major streets in the city.
He said the killing was to stop the flag-off of his campaign rally on Saturday and advised the ACN members not to take laws into their hands.
He said, “I am giving the Police 14 days from today to produce the killers of Olaitan and to establish the killing of those journalists. If they do not do that, as the Chief Security Officer of this state, I reserve all my options. This country will either fail or stand. Nobody can intimidate me. Even out of power I was not intimidated.”
Governor Oshiomhole disclosed that he submitted a petition to the state Commissioner of Police, Olayinka Balogun, about a meeting where a critical evaluation of the forthcoming election was carried out.
His words, “Last week, they succeed in killing three journalists. Last night, they killed Olaitan. Let me be clear they cannot kill my fighting spirit. They agreed at the meeting that it is impossible for them to win the election.
“They also resolved at the meeting to intimidate my person and if possible to eliminate. At that meeting, they said they will kill under the guise of armed robbery, many of my personal staff and key leaders.
“I also informed the police that they resolved that several weeks before the election, they will detonate bombs in parts of the state in order to scare people away from going to vote. What is our crime? Our crime is that we have mobilised our people, we have deployed public resources for the public good and the godfather is angry.”
“The blood of these young men will fire me on to fight and defeat them. There is no going back. They have killed my son. They have killed my brother, they have killed my people but they cannot kill my spirit.
“Last night like coward, they shot Olaitan in the chest, head and belly to make sure he never survives.
“I want to serve them notice. I have the capacity and the men. If they do not behave, we can stop them from coming to Edo State. Let me say I have not come to cry today. The blood of those young men will whet my appetite for justice because their plan is to postpone again for the second time our campaign.”
“Tomorrow, we will go ahead because Olaitan in his lifetime was a fighter. We met in the field of struggle not on the dining table. I asked you not to be afraid and not to be intimidated. Don’t give up. If anything, we should be more resolved"

http://www.thenationonlineng.net/2011/index.php/news-update/45433-they-have-killed-my-son-oshiomhole.html

Police detain journalists to prevent access to Saraki
May 4, 2012 by Eniola Akinkuotu 53 Comments
No fewer than six journalists were locked up in the office of the Police Public Relations Officer of the Special Fraud Unit in Lagos on Thursday when former Kwara State Governor Bukola Saraki visited the unit to respond to allegations of a N9bn loan scam levelled against him.

Saraki, who was supposed to be at the command at 10am on Thursday, arrived an hour later.

He drove into the SFU premises in black Mercedes Benz Sports Utility Vehicle with Abuja number plate CH 165 RBC amid tight security.

His aides shielded him from journalists, who had stormed the premises before he alighted, to meet with the Commissioner of Police, Mr. Tunde Ogunsakin

The governor’s aides appealed to journalists not to take photographs of the member of the Senate but the pleas fell on deaf ears.

Journalists then gathered at the office of the PPRO, Mrs. Ngozi Isintume, but two hours later, as Saraki exited the building, the journalists were locked inside the office of the PPRO to prevent them from taking pictures of Saraki.

“I have been given orders that no journalist must come out. Stay in there until Saraki leaves,” a policeman said as journalists attempted to force the door open.

Sources said Saraki was given preferential treatment by the police as opposed to other persons who had been invited to the SFU over the same allegations.

The senator was supposed to have reported to the SFU on April 20 but pleaded for an extension by three days. But on April 24, he obtained an injunction at an Abuja High Court to restrain the police from arresting him.

On April 28, the SFU declared the lawmaker wanted but he responded by saying he would be at the SFU at 9am on Monday.

On Monday however, Saraki refused to go to the SFU, instead went to the Force Headquarters, Abuja, where he was quizzed by Ogunsakin after being ordered by the Acting Inspector-General of Police, Mr. Mohammed Abubakar to come to Abuja.

Our correspondent learnt that Mohammed had served as CP of the Kwara State command when Saraki was governor.

The SFU had alleged that a group of companies — Joy Petroleum Limited, Skyview Properties Ltd, Dicetrade, and Limkers Nigeria Ltd — were given loans by the bank under the management of former Managing Director of Intercontinental Bank, Mr. Erastus Akingbola.

The loans were allegedly promoted by Saraki between 2004 and 2009 when he was the Governor of Kwara State.

The SFU noted that the loans/facilities worth billions of naira were used to purchase shares in blue chip companies and choice landed properties in Lagos and Abuja, some of which were used to secure the loans.

However, Akingbola’s successor following the shake up by the Central Bank of Nigeria, Mr. Mahmood Alabi, granted a waiver of N9,97bn, representing about 82 per cent of N11.97bn indebtedness.

http://www.punchng.com/news/police-detain-journalists-to-prevent-access-to-saraki/

President Jonathan Denies Henry Okah's Allegations
Posted: May 2, 2012 - 22:05
Posted by siteadmin

caption: Goodluck Jonathan
By SaharaReporters, New York
President Goodluck Jonathan has denied allegations by MEND leader, Henry Okah, that he and his aides masterminded two bombings in 2010 in order to implicate some leaders of Northern Nigeria.

Mr. Okah’s allegations are contained in an affidavit he swore to in South Africa, where he is facing trial for his alleged involvement in terrorist acts against the Federal Republic of Nigeria.

In a statement in Abuja by Reuben Abati, the presidential spokesman, Mr. Jonathan described the allegations as “false in their entirety and without any factual foundation.”

“As the case of Mr. Okah’s involvement in the plotting and execution of terrorist attacks in Nigeria is already before a court of competent jurisdiction in South Africa, the Presidency does not intend to say anymore on the matter for now and will, in accordance with due process and international law, make a full representation on the matter to the court when the trial opens,” the statement said.

Mr. Okah also stated in the affidavit that early in 2010, Mrs. Diezani Allison-Madueke called him over 20 times to solicit his input into getting the portfolio of Petroleum Resources Minister, to which Mr. Jonathan subsequently appointed her. In what seemed to be a reference to that point, the presidency advised the Nigerian media “to respect the sanctity of the legal and judicial processes in this matter and avoid becoming willing tools in the hands of Mr. Okah and his agents in an entirely diversionary trial by the media aimed only at falsely impugning the character and integrity of the President and officials of his administration.”

SaharaReporters broke the story of Mr. Okah’s new affidavit last night, in its pursuit of stories of interest to Nigerian and African peoples everywhere, using the legal tool of a court affidavit. Mrs. Allison-Madueke has not denied that she pursued the support of Mr. Okah in getting Mr. Jonathan’s nod for the post, to which she was reappointed last year, nor has Mr. Oronto-Douglas, whom Okah said met with him in South Africa at the instance of Mr. Jonathan.

http://saharareporters.com/news-page/president-jonathan-denies-henry-okahs-allegations

Nigerian Air Force Fighter Jet Crashes In Kaduna
Posted: May 2, 2012 - 22:02
Posted by siteadmin
By SaharaReporters, New York
A military fighter jet of Nigerian Air Force has crashed in Kaduna not far from its base situated in Mando. The crash occurred close to the old Kaduna air port.

Eyewitnesses said the jet is in ruins but the pilots safely ejected before the crash.

The fighter jet was reportedly on routine aerial exercise in preparation for the NAF exposition coming up in Kaduna State later this month. The Chief of Air State Mohammed Dikko has reportedly sent AVM Alex Badeh to lead a rescue team to the scene of the crash.

http://saharareporters.com/news-page/nigerian-air-force-fighter-jet-crashes-kaduna

Home | Politics | ACN leaders warn of looming dangers in Nigeria
ACN leaders warn of looming dangers in Nigeria
By Our Reporter 22 hours 41 minutes ago
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• Chief Akande
After an appraisal of the unfolding developments in some parts of the country, especially the spate of bombings in the North and the activities of members of the Peoples Democratic Party (PDP) in the Southwest, the Action Congress of Nigeria (ACN) warns of the consequences. Its National Chairman, Chief Adebisi Akande, accuses the PDP of attempting to create instability in the Southwest where it was rejected at the polls by the people after eight years of waste. He identifies the phoney security report in Osun and the incessant industrial action in Oyo, Lagos and Ekiti states as some of the ploys of the PDP to slow down the pace of progress in the region.



We welcome you to this unusual but important press conference on socio-political and economic developments in Southwest, the state of security in Nigeria and the incessant and worrisome spate of industrial unrest particularly in the Southwest. We have watched with consternation and a deep sense of foreboding developments in Osun and Ondo states particularly over the past few weeks – itself a carryover of the culture of relentless assault on the legitimate governments of our progressive states from times past. We are convinced beyond any shadow of a doubt that all that we are witnessing in Osun and Ondo is not unconnected with a well-oiled, carefully orchestrated plan to destabilise Western Nigeria – a train which is now moving in the direction of Oyo, Ekiti, Ogun and eventually Lagos State. Ordinarily, we could have easily dismissed the sabre-rattling of the past month in the newspapers as the usual ranting of political lepers, already out-rightly rejected by the discerning people of Western Nigeria. Whilst it is not unexpected that the political jobbers of the West, otherwise known as the ‘mainstreamers’ , still smarting from their ignominious exit from the various government houses in the Southwest remains aggrieved, we know that they are not alone in this quest to destabilise the governments and therefore the piece of the Southwest.

For eight years, these reactionary elements, otherwise known as ‘mainstreamers’ held the South Western part of the country by the jugular and justified their forcible entry into our government houses by the false claim that joining their party in the centre is the most assured vehicle for development in our region. Alas, eight years down the line – 2003 – 2011, the region is worse off in all indices of development – infrastructure, security, education, healthcare, industrialisation, employment, gender equality and Agriculture. All that was left in their wake was empty treasury, pharaohnic fraud and gargantuan indebtedness in the whole of the Southwest. Except for Lagos that became the beacon of hope with meteoric progressive development in the last thirteen years of civilian rule, the present nadir to which the Southwest had been plunged was precisely under the watch of these political ‘mainstreamers’, stripping bare of all pretences the false claim that progressive politics was detrimental to the development and well being of our polity. To further confirm the ludicrousness of this claim, there is independently verifiable evidence that the golden years of growth and development on the contrary were the years the progressives were in charge of the Southwest – 1952 – 59; 1979 – 83 and 1999 – 2003.

While we are not in doubt as to the wisdom imbued in the generality of our people to detect and discern the political undertones of many of these actions, we are also not unmindful of our history right from colonial times. Every time anything good comes collectively to the Southwest by the sheer dint of our people’s hard work, reactionary forces within are always available to be used by external forces determined to arrest development in Yorubaland. Consequently, the febrile efforts by the PDP reactionaries who are hell-bent on disturbing the current peace and tranquillity that is being enjoyed in the Southwest is aided by official sleight of hand from the Centre and is aimed at distracting the leaders of government in Western Nigeria and thus undermine their current effort towards accelerated development in the region. All manner of subterfuge and opportunistic methods are being employed to achieve this singular objective of destabilising the region for purely partisan political motives and also as a cover-up of the fraud and looting perpetrated by their disgraced governments and this is most evident from current developments in Osun, Ogun and Ekiti states, but also being promoted in other parts of the region.



Osun State



The media has been awash in the past weeks with the unfounded and highly disturbing allegations that Governor Rauf Aregbesola is intent on removing the state from the Nigerian union to which it legitimately belongs. As proof of this phantom claim, puerile justifications such as his use of the State anthem at public functions, the design and use of official flags with the state crest and his so-called renaming of Osun State as State of Osun, a distinction without a difference. Tonnes of newsprint were used to sell this claim to an unsuspecting public in the hope that a lie repeatedly told would gain credibility and acceptance among the generality of our people. If this story were being peddled unofficially, it wouldn’t have attracted any serious attention of Federal complicity. The fact however that a national security agency was the producer of this alleged plan at secession by Governor Aregbesola should worry any discerning observer of current developments in the Southwest. Even curiouser was the seeming choreographed coordination between the release of this phoney intelligence report and the parroting of same by the leaders of the PDP in Osun and the Southwest in general. Although the media is now better informed about what is going on in Osun and the collusion between some security agents acting in concert with the discredited elements in the mainstream party to not only paint the government of Osun in a bad light, but also give the governor a bad name in order to hang him. Having failed to turn the ordinary people against the Government of Osun since he could not be accused of non- performance in terms of promoting the people’s welfare, they have resorted to all manner of unsubstantiated allegations and threats. We in the Action Congress of Nigeria would like a judicial notice of this threat to be taken by all. The leadership of our party expresses complete and total confidence in the leadership of Governor Aregbesola in the State of Osun and would like to underscore that an injury to one will be treated as an attack on all.



Ondo State



Now in the case of Ondo, recent developments in the state known for men and women of honour and decency have not portrayed the Southwest and Yoruba race in good light. Political campaigns are rituals of politics and in no where in the world are they canonised as rites of violence. What the Labour Party under the leadership of Olusegun Mimiko has done in the few months fits into a historic trend of South West quislings who have fallen out of touch with the soul and stirrings for decency in the land. Opposition sometimes descends into acrimony, even at that it’s condemnable. But for it to become avenues of blood and death and wielding of guns and machetes harks back to a barbaric past that we abhor in the 21st century. Elections are designed to anoint the choice of the people, but not to foist of theatre of ominous bitterness. What Mimiko and his Labour Party have fomented at the Memorial Lecture of a former Governor of Ondo State under whom he served as Commissioner falls into a pattern of renegades. It is a desecration at a memorial for a man of peace. Such renegades pretend to flower but in the end flounder and become part of the Southwest traitors and abusers of the people’s trust. The Action Congress of Nigeria stands for truth, progress and decency in Ondo State and the better angels of the people see through the grand subterfuges and celebrated lies of the Mimiko administration. No amounts of awards purchased would whitewash the perfidy and stench of his character. Elections are opportunities for the people to judge and vote. The LP and its foot soldiers are voting in the fashion of the military of by gone era: guns and cudgels. Very soon, the people know better. Friday, April 20, has come and gone. Let this be the last. And Nigeria should be put on notice that no amount of weaponry deployed and thuggery employed in Ondo State would deter us from the cause of progress and change that we have embarked upon in the interest of the people.



Oil Subsidy and Pension Scams



As a party, we are equally alarmed by the shenanigans surrounding the oil-subsidy and pension scams and the unconscionable manner in which this has broken the social contract between the Nigerian people and their government. Corruption on a scale never before unearthed in our short history marks the headlines of the newspapers and electronic media daily. We commend the House of Representatives and its leadership for its courage in tackling the filth and scam and we expect that they will continue in the path honour. What is important now is not just the drama but a determined effort to reach the root of the matter, to expose all those involved in the years of rot. Particularly, we are concerned that those at the helm of affairs still act as sacred cows. The Minister of Petroleum Resources, Diezani Allison-Madueke with her team in NNPC, who presided over the activities of the industry while the rot lasted, is still shielded by the president and the People’s Democratic Party. It is the same attitude that maintains some sacred cows that ignores some fundamental questions: Who are these beneficiaries that have turned out to be paper companies collecting billions of Naira as subsidies without actually importing fuel to the country? We want to know on what basis they secured the licences and authorisations and carted away the people’s commonwealth. There is widespread belief that the firms used the money for the last campaign season, and some of these paper companies were conduits to funnel funds for political use. We want to know what the President knows about this and when he knew it. This is not a matter he can simply ignore any more. This is the time for moral leadership and so far his party has not been held to account on the role the so-called subsidy beneficiaries in the PDP campaigns in 2011 presidential campaigns.



Incessant strikes



For the umpteenth time, workers in Lagos, Oyo, Ekiti, Osun and other states have embarked on an industrial action that portrays them as putting the interests of self over the sanctity of lives and the Hippocratic oaths they swore at the beginning of their practice. It should be noted that doctors are exploiting their peculiar position as the saviours and preservers of life to blackmail the system. There are two important issues related to this strike. One, it is a symptom of the federal government’s undue intervention in what should be exclusive preserves of the states. The job of the Federal Government is to fix the minimum wage, and the review of various remunerations above minimum wage is within the purview of the states based on the ability and prevailing environment of those states. The state governments have increased the salaries in harmony with the resources of the states. No national government is entitled to impose an obligation on any of its component states without providing the resources to meet the obligation. It is therefore illegal and therefore unacceptable. It is also not realistic and fair to expect less than 1 percent of the population to demand more than 50 per cent of the resources. The fact that the strikes persist reflect a strong political overtone. The strikes are now instruments of political diversion, mischief and blackmail. The Southwest states are focused on development with landmark work in infrastructure, water provision, education, health care and agriculture for all. It is therefore inimical to the growth and development of all for less than 1 per cent to use the instrumentality of strikes to agitate for more than 100 per cent of the states’ resources. In the case of Lagos State, doctors that should be committed to saving lives in accordance with their Hippocratic oaths have abandoned their calling to put their patients above their interests and have become merchants of deaths. Therefore, we urge all our Governors to stay focused on providing the greatest good for the greatest number of the people, and not just for the greedy few, consistent with our manifesto and party ideology. Consequently, if all persuasive methods fail, our governors are free to take appropriate measures to restore health services to the people.



Bombings



We have received the sad news of the bombings at ThisDay headquarters in Abuja and Kaduna and the avoidable loss of lives underscore the increasing volatility of our country and vulnerability of citizens to attack. We condemn unreservedly the perpetrators of the violence and the merchants of death while we sympathise with the families of the victims. We believe that the resolution of whatever the problem is should not be by violence, but by reasoned negotiation, rooted in justice, equity and fairness..

We appeal to all Nigerians to be vigilant and provide information on any suspicious movement in their vicinity to the security agencies immediately.

Finally, we must stress that the use of religion as a tool for political manipulation as currently used in Osun and other parts of the country is highly condemnable.



Being text of a statement by Chief Adebisi ,National Chairman, Action Congress of Nigeria (ACN).

http://www.thenationonlineng.net/2011/index.php/politics/45007-acn-leaders-warn-of-looming-dangers-in-nigeria.html

Police declare Saraki, wife wanted
On April 28, 2012 · In News 8:55 pm..Email0
By Kingsley Omonobi & Albert Akpor

Special Fraud Unit of the police, SFU, Saturday, declared former Kwara State governor, Senator Bukola Saraki, wanted following the refusal of a court to grant his request for restraining order.

Also wanted by the SFU is his wife, Toyin, over alleged N4 billion loan fraud. She allegedly collected the loan from Access Bank through her firm, DALTRADE.

The SFU has a warrant for Saraki arrest from a High Court in Lagos because the alleged offence of N8 billion loan fraud against him was committed in Lagos. Commissioner of police Tunde Ogunshakin of the SFU confirmed the story.

http://www.vanguardngr.com/2012/04/police-declare-saraki-wife-wanted/

EFCC Press Release: Orji Kalu Has Case to Answer – Appeal Court
Posted: April 27, 2012 - 16:53
Posted by siteadmin

caption: Former Abia Gov. Orji Uzor Kalu
By Wilson Uwujaren- Media & Publicity Unit, EFCC
The Economic and Financial Crimes Commission, EFCC on Friday April 27, 2012 secured a landmark victory in its suit against former governor of Abia state, Orji Uzor Kalu at the Court of Appeal, Abuja Division, when the panel of three justices led by Justice Ejembi Eko, struck out the appeal by the former governor and his company Slok Nigeria.

The appellants had approached the appellate court to set aside the ruling of the Federal High Court that the former governor had a case to answer. Some of issues raised for determination by Kalu’s counsel, Awa Kalu (SAN) included the declaration by the appeal court that the appellants were arraigned on non-existent law and that the proof of evidence did not disclose a prima facie case against the appellants.


Orji further stated that since the Abia State High Court had issued an ex-parte motion on the matter, the Federal High Court lacked jurisdiction to entertain the case.

He also sought the leave of the appellate court to enforce his fundamental human rights by declaring his arrest, detention, and arraignment a nullity.

Orji’s company, Slok Nigeria Ltd sought similar leave. Additionally that the appeal court should determine whether the EFCC and the federal government were competent to prosecute a case involving the revenue of a state.

In a unanimous ruling read by Justice Eko on behalf of Justices Kayode Bada and Regina Nwodo, the appellate court resolved all the grounds of appeal in favour of the respondent and dismissed the appeal for lack of merit.

Justice Eko noted that the proof of evidence attached to the 97 count charge preferred against the appellants by the EFCC disclosed a prima facie case against the former governor and others.

According to him, the facts raised in the proof of evidence established a prima facie case against the appellants. He further said that as far as there is a link which prima facie is all about, the appellants had an obligation to stand trial to defend themselves.


He further ruled that the ex-parte order of May 31, 2007 by Abia State High Court, asking the Federal High Court to stay all proceedings against Orji was a racquet suit aimed at frustrating his arrest and subsequent prosecution.

“That order was an order at large, personal rather than definite. It was an order made as an ex-parte and not at the course of trial.” He described the ex-parte motion as an abuse of court process.


Justice Eko affirmed that the claim of breach of personal freedom by Orji was sentimental in nature. ”This claim borders on the realm of conspiracy theory and is politically motivated. Right to personal liberty is not absolute,” the judge stated.

On whether EFCC had the competence to charge the appellants, the court maintained that both the EFCC Establishment Act and the Money laundering and Prohibition Act, (MPLA, 2003, 2004) had given the commission power to prosecute offenders. “EFCC derives its competence to prosecute from section 6 and 7 of its Establishing Act. Equally, the definition of economic crime is quite wide,” the judge said.

In his reaction to the ruling, prosecution counsel, Rotimi Jacobs expressed satisfaction with the judgment. He noted that the Appeal Court ruling had vindicated his position that the Abia High Court Order was intended to protect Kalu from prosecution and exposed the hollowness of the position of the former Attorney General of the Federation and Minister of Justice, Michael Andoakaa that the order must be obeyed.

The EFCC had on July 27, 2007 arraigned former Abia State Governor Orji Uzor Kalu before an Abuja High court on a 107 count charge of money laundering, official corruption and criminal diversion of public funds totaling over five billion.

On August 5,2007 Kalu wrote a letter to then President Umaru Yar'Adua, urging him to order the EFCC to discontinue the trial, complaining that the Commission failed to obey a May 31, 2007 Abia State High Court order for stay of proceedings pending the determination of a motion before it.

President Yar'Adua, replying through Aondoaaka, promised Kalu that the Abia High Court ruling would be respected. On September 3, 2007 Kalu filed a motion at the Abuja High Court asking for an order to strike out all EFCC charges against him and to vacate the terms and conditions of the bail earlier granted by the court.

During the September 5, 2007 hearing of Kalu's motion, an attorney from the AGF’s office appearing for Aondoakaa, urged the court to comply with the Abia High Court ruling. Earlier, both the EFCC lawyer and the Justice Minister's representative clashed over which of them had the power to prosecute Kalu's case. The matter was resolved in favour of the Attorney General.

During the course of the trial, one chief Eze Gaius Ihejiamaizu, who was then the chairman of Abia council of Ezes stood as one of Kalu’s sureties but eventually withdrew his surety. He said in his application to be discharged from the obligation that he no longer have confidence in the 1st accused person and will not stand as surety for him anymore.

“That for now, the 1st accused and myself have not been associating with each other and I can no longer vouch for him being unaware of his movements and action.

“That it would be in the interest of justice to discharge me as a surety to the 1st accused person and return my said certificate of recognition to me,” he declared.

http://saharareporters.com/news-page/efcc-press-release-orji-kalu-has-case-answer-%E2%80%93-appeal-court

Police Court Papers Reveal How Senator Bukola Saraki Perpetrated N21 billion Bank Loan Fraud
Posted: April 26, 2012 - 20:44
Posted by siteadmin

caption: Senator Bukola Saraki
By SaharaReporters, New York
The Inspector-General of Police, Mr. Mohammed Dikko Abubakar, today at the Federal High Court in Abuja filed a counter-affidavit to last Monday’s motion by Senator Bukola Saraki, arguing that the facts show that the Senator is asking the court to grant the permanent immunity he had already informed the whole world the court has given him.

“The application for injunction is dangerous as it is designed to confer permanent immunity on [Senator Saraki] and thereby shield him from arrest, investigation and prosecution,” the IG said in the affidavit, which was filed on his behalf by Superintendent Akinbayo Olasoji. “No court in Nigeria has the power to grant the illegal injunction. Even as a governor the Plaintiff was liable to be investigated as his successor is now under investigation,” the affidavit said.

As SaharaReporters reported yesterday, the former Kwara State governor, who is desperate to elude police interrogation, on Monday tried to dupe a Federal High Court judge into granting a temporary court injunction, filing an exparte motion to prevent the police from grabbing him to answer to charges that he directly benefited from a N21 billion bank loan fraud. The judge declined the request.

Mr. Abubakar said in his affidavit that in a letter 3rd April, he 2012 invited Saraki Lagos to assist in the investigation of a case of conspiracy, forgery and stealing of the sum of N21 billion belonging to Joy Petroleum Ltd, following a petition from Joy Petroleum on the refusal of access to their account at Intercontinental Bank.

Subsequent investigation revealed, among others, that

• withdrawals were made from the account during the period the former Managing Director was incapacitated and even after his death, although the deceased was the sole signatory;

• A credit transfer was made from the account on 18th February 2010 when the former Managing Director was already dead.

• The account was closed by Abdul Adamu, Saraki’s aide; and

• A loan sum of N9, 700,000,000.00 (Nine Billion, Seven Hundred Million, Naira) was written off prior to the closure of the account.

The IG points out in the affidavit that Saraki’s immunity as governor ceased on May 29, 2011, when his tenure ended. “As a Senator he is not entitled to immunity as he is being investigated in the theft of N21 billion and waiver of several billions of Naira of Bank loans by Intercontinental Bank Plc when the cronies of the Plaintiff was the Managing Director of the Bank,” Mr. Abubakar averred.

Citing various legal authorities, Mr. Abubakar argued that he has inherent powers to arrest, investigate and prosecute the Plaintiff upon reasonable suspicion that he has committed a criminal offence pursuant to Section 4 of the Police Act, and submitted that that section 35 of the Constitution is not absolute in that the Inspector-General is empowered to violate the right of any person in Nigeria to personal liberty if there is any reasonable suspicion that he committed an offence.

Below is the text of the affidavit:



IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA

SUIT NO:FHC/ABJ/CS/231/12
BETWEEN

SENATOR (DR.) BUKOLA SARAKI )…. PLAINTIFF

AND

INSPECTOR-GENERAL OF POLICE )….. DEFENDANT

COUNTER-AFFIDAVIT IN OPPOSITION TO THE MOTION DATED 23RD APRIL, 2012

I, AKINBAYO OLASOJI, Male, Nigerian Citizen and Superintendent of Police, Special Fraud Unit of the Nigeria Police Force, Abuja do hereby make oath and state as follows:

1. I am an officer of the Defendant and as such I am familiar with the facts of this case.

2. I have the consent and authority of the Defendant to swear to this affidavit.

3. That a petition against Intercontinental Bank was submitted by Joy Petroleum Nig. Ltd. through its Managing Director, Mr. Paul Obahor, to the Defendant on the refusal of access to their account domiciled in Intercontinental Bank. Attached and marked as Exhibit “A” is a copy of the petition of Joy Petroleum Nig ltd. dated September 11, 2011.

4. That based on the petition, investigation commenced and the Special Fraud Unit of the Defendant requested that Intercontinental Bank forward all relevant documents related to the account of Joy Petroleum Nig. Ltd. domiciled with the Bank.

5. That Intercontinental Bank reluctantly but consequently made available to the Defendant the Statements of the Account and scanty documents relating to the account and investigations revealed certain flaws and inconsistencies which include:

i. Withdrawals were made from the account during the period the former
Managing Director was incapacitated and after his death. Yet the deceased was the sole signatory.

ii. A credit transfer was made from the account on 18th February 2010 at a time the former Managing Director was dead.

iii. The account was closed by Abdul Adamu, an aide of the Plaintiff.

iv. A loan sum of N9,700,000,000.00 (Nine Billion, Seven Hundred Million, Naira) was written off prior to the closure of the account.

6. That officials of the Bank, now Access Bank were invited by the Defendant to aid investigation and subsequently various documents were made available for the Defendant’s perusal.

7. The former Managing Director of Intercontinental Bank Plc, Mr. Erastus Akingbola has also made statements to the Police.

8. The agents of the Plaintiff have threatened to kill the complainant if he does not withdraw his complaint from the Defendant

9. That internal memos studied by the Defendant revealed the following facts:

i. That Joy Petroleum Ltd., Dicetrade Nigeria Ltd. and Likam Nig. Ltd share one registered office address, No 10, Abebe Village, Iganmu, Lagos and operate one office address, No 30 Saka Tinubu Street, Victoria Island, Lagos (property of the Plaintiff).

ii. That the Plaintiff had used his office as the Governor of Kwara State to influence the purchase of the above named companies’ stock by the Kwara State Ministry of Finance.

iii. That the Plaintiff at material times was a promoter of Joy Petroleum Ltd. and on several occasions used his personal properties to guarantee loans taken by the companies.

iv. That amongst the names in the documentations of the Bank included the wife of the Plaintiff, Toyin Saraki and the former Commissioner of Finance and current Governor of Kwara State, Abdufattah Ahmed.

v. That a loan obtained by Joy Petroleum ltd. was lumped together with Dicetrade Nigeria Ltd and Likam Ltd. by the Bank which were separately obtained by the companies.

vi. That the stock purchased by the Kwara State Ministry of Finance was used as collateral for the loan approved to Joy Petroleum Ltd. by the Bank.

vii. That the Bank was aware of the status of the company’s promoter and had knowledge of the transactions of the accounts of the companies.

10. That the Defendant was informed of these findings via the subsequent memo dated 13th February, 2012 and 2nd April 2012. Attached and marked as Exhibit “B” and “C” are the memos dated 13th February, 2012 and 2nd April, 2012.

11. That based on the findings, the Defendant in line with its statutory duty commenced an investigation into the role and activities of the Plaintiff in the company by inviting him to assist the said investigation by stating his position in respect of the findings.

12. That the Plaintiff caused to be published in the dailies that he has already obtained an interim injunction by this Honourable Court restraining the Defendant from proceeding with its statutory duty of investigation and possible prosecution of suspects of a crime committed. Attached and marked as Exhibit “D” is a copy of page 14 of the Punch Newspaper dated April 15, 2012.

13. That the Plaintiff had mismanaged Societe Generale Bank which led to the eventual collapse of the Bank.

14. That the Plaintiff had previously been charged for forgery and fraud in relation to Societe General Bank of Africa.

15. That it is in the interest of justice if this application is dismissed as what the Plaintiff seeks is to impinge on the statutory duty of the Defendant.

16. Mr. Femi Falana, of the Defendant’s Counsel informed me and I verily believe him as follows:

a. The Plaintiff’s immunity ended in May 29, 2011 when he ceased to be the Kwara State Governor by effluxion of time.

b. The Plaintiff does not enjoy immunity as a Senator of the Federal
Republic of Nigeria.

17. That I make this declaration in good faith and in accordance with the Oaths Act.
………………
DEPONENT
SWORN TO at the Federal
High Court Registry, Abuja
This……….day of April, 2012
BEFORE ME

COMMISSIONER FOR OATHS



IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA

SUIT NO:FHC/ABJ/CS/231/12

BETWEEN

SENATOR (DR.) BUKOLA SARAKI )…. PLAINTIFF

AND

INSPECTOR-GENERAL OF POLICE )….. DEFENDANT

WRITTEN ADDRESS

1.00 INTRODUCTION

1.01 The Plaintiff / Applicant by his Motion on Notice dated 23td of April 2012 had sought an Interim Injunction restraining the Defendant herein, his officers and agents from threatening to arrest, impeding the liberty; detaining or in any other manner infringing on the rights of the Applicant pending the determination of the substantive suit.

1.02 The Defendant by its letter dated 3rd April 2012 invited the Plaintiff / Applicant to its Lagos Office to assist in the investigation of a case of conspiracy, forgery and stealing of the sum of N21 billion belonging to Joy Petroleum Ltd.

1.03 The Plaintiff / Applicant’s application is supported by 6-paragraph affidavit and an undated written address in support of his application.

1.04 In the Defendant’s counter-affidavit it has been shown that the Plaintiff’s immunity as a Governor ceased on May 29, 2011. As a Senator he is not entitled to immunity as he is being investigated in the theft of N21 billion and waiver of several billions of Naira of Bank loans by Intercontinental Bank Plc when the cronies of the Plaintiff was the Managing Director of the Bank.

1.05 It is the case of the Defendant that this Honourable Court lacks the jurisdiction competence to shield the Plaintiff from arrest, investigation and prosecution. Even as a Governor he was liable to be investigated.

2.00 ISSUES FOR DETERMINATION

1. Whether the Defendant has the power to arrest, investigate and prosecute the Plaintiff upon reasonable suspicion that he has committed a criminal offence.

2. Whether in the circumstances of this case the Plaintiff / Applicant is entitled to the prayer sought in his application for interim injunction.

3.00 ARGUMENTS

3.00 ISSUE ONE: Whether the Defendant has the power to arrest, investigate and prosecute the Plaintiff upon reasonable suspicion that he has committed a criminal offence.

3.01 We submit that the Defendant has inherent powers to arrest, investigate and prosecute the Plaintiff upon reasonable suspicion that he committed a criminal offence pursuant to Section 4 of the Police Act. We also submit that section 35 of the Constitution is not absolute in that the Defendant is empowered to violate the right of any person in Nigeria to personal liberty if there is any reasonable suspicion that he committed an offence. See Ogor v. Kolawole (1983) 1 NCR 342; (1985) 6 NCLR 534.

3.02 In the same vein, the Court of Appeal has decried the dangerous practice of rushing to the High Court to prevent the police from arresting, investigating and prosecuting criminal suspects. That was in the case of the Attorney-General of Anambra State v. Chief Chris Uba (2005) 33 WRN 191 where Bulkachuwa JCA held that

“For a person, therefore, to go to court to be shielded against criminal investigation and prosecution is an interference of powers given by the Constitution to law officers in the control of criminal investigation. The Plaintiff has no legally recognizable right to which the court can come to his aid. His claim is not one that the Court can take cognizance of for it has disclosed no cause of action. The Plaintiff cannot expect a judicial fiat preventing a law official in the exercise of his constitutional power.”

3.03 It is further submitted that the State has an unequivocal power to derogate from the fundamental rights of citizens to personal liberty where they are alleged to have committed criminal offences. As the fundamental rights guaranteed in the Constitution are not absolute there are derogations that have been recognized in the interest of public order, public safety or public morality. One of such derogations is provided for in Section 35 (1) (c ) of the 1999 Constitution which states that the right to personal liberty of any person can be justifiably violated “for the purpose of bringing him before a Court in execution of the order of a court or upon reasonable suspicion of having committed a criminal offence.”


3.04 In this case the Defendant is investigating the circumstances of the theft of N21 Billion of Joy Petroleum Limited and the illegal waiver of the loans of several billions of Naira taken from the Intercontinental Bank Plc. by some companies promoted by the Plaintiff but operated by his aides while he was the Governor of Kwara State from May 2003 – May 2011. The said loans were collaterized with the properties of the Plaintiff. He also used his position as the Governor of Kwara State to influence the purchase of the stock of the said companies through the Kwara State Ministry of Finance. The Plaintiff was involved in the mismanagement in the granting of unauthorized loans of several billions of Naira which led to the collapse of the Societe General Bank of Nigeria.

3.05 In Ekwenugo v. F.R.N. (2001) 6 NWLR (PT 708) 171 the Court of Appeal held that:

“If there is a reasonable suspicion that a person has committed an offence his liberty may be impaired temporarily. In the same vein, a person’s liberty may be tampered with so as to prevent him from committing an offence. In short it is clear that no citizen’s freedom is absolute. The freedom or liberty of a citizen ends where that of the other man starts.”

3.06 In that case, while enjoining judges to strive to operate the law for the attainment of social engineering Fabiyi JCA said “Nigerian judges do not operate in utopia. We operate in Nigeria. And no Nigerian judge can rightly claim he has not heard that Transparency International rated our nation as the most corrupt in the whole universe in the year 2000. This is ear-aching. Should judges, in the prevailing circumstances, pat Advance Fee Fraud accused persons on the back under the cloak of human rights? I think not.”

3.07 In Attorney-General, Abia State v. Attorney-General of the Federation (2006) 16 NWLR (PT 1005) 265 at 389 (Per Tobi JSC) warned every potential treasury looter to desist from his nefarious activities as “the Independent Corrupt Practice and Other Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) are watching him very closely and will, without notice, pounce on him for incarceration after due process.”

3.08 Since the immunity of the Plaintiff ceased on May 29, 2011 he cannot be turned to an outlaw in Nigeria. The dangerous reliefs sought by him should be refused by this Honourable Court. Otherwise, armed robbers and boko haram suspects will soon be asking for interim, interlocutory and perpetual injunctions to stop their arrest and prosecution.

4.01 ISSUE TWO: Whether in the circumstances of this case the Plaintiff / Applicant is entitled to the prayer sought in his application for interim injunction.

4.02 We submit that a careful perusal of the prayer sought in the motion together with the substantive reliefs in the Originating Summons, particularly relief 3 in the Originating Summons reveals that the effect of the injunction is the same as that sought in the substantive suit.

4.03 Indeed, there are a plethora of authorities to the effect that courts should be wary of granting reliefs sought in the substantive suit at an interlocutory stage. We refer your Lordship to the case of Nnamdi Azikwe University Akwa v. Nweke (2008) 1 NWLR (PT 1069) 504.

4.04 The Respondent humbly urges this Honourable Court to refuse this application for injunction because where a trial judge delves into and determine the substantive issue when considering an interlocutory matter and even if he has rightly determined the interlocutory matter before him, he cannot dispassionately revisit the substantive issue and be expected to take an opposite view from his original stand in the matter. This is because if the trial judge is allowed to revisit the substantive issue at any stage of the trial, it will no doubt amount to a judge sitting on appeal in his earlier decision on the substantive matter. This will surely outrage the sense of justice of an independent observer. See the case of University Press Ltd. v. I.K. Martins (Nig) Ltd. (2000) 4 NWLR (PT 654) 584 at 595 paras E-F 600, paras G per Achike JSC.

4.05 On the above premises, the Defendant respectfully urgeS this Honourable Court to dismiss the Applicant’s application for injunction.

4.06 It is trite that every application for injunction calls for the exercise of the discretion of the Court seized of the matter which must be exercised judicially and judiciously and no one case can be authority for another, as this would be tantamount to fettering the discretion of the Court. We refer the Court to the case of I.G.P. v. Fayose (2007) 9 NWLR (PT 1039) 263, at 269 and 278.

4.07 In the locus classicus decision of Kotoye v. CBN (1989) 1 NWLR(PT 98) 419 at 411 para C-H, the Court laid down the conditions which an applicant for interlocutory injunction must satisfy as follows:

a. The Applicant must have a legal right which has been infracted or being threatened.

b. There must be a serious issue to be tried.

c. Damages must not be an adequate remedy for the Applicant’s injury

d. The balance of convenience must weigh in favour of the Applicant.

e. The Applicant must give a satisfactory undertaking as to damage.

f. The Applicant’s conduct must not be reprehensible

4.08 Existence of Legal Right

At this juncture, the pertinent question that calls for answer is that “does the Plaintiff / Applicant have a legal right to restraining the Defendant or his agents from carrying out their statutory duties?”

4.09 We refer the Honourable Court to the provisions of section 4 of the Police Act (CAP P19) Laws of the Federation of Nigeria, 2004 which provides as follows:

“The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by or under the authority of this or any other act”.

4.10 It suffices to say that with the above provision of the Police Act, the Plaintiff does not posses any legal right to impede the Defendant or any of its agent from carrying on their statutory duties as recognized by the Police Act.

4.11 The Plaintiff having failed to demonstrate to this Honourable Court that he has a legal right against being invited or investigated by the Defendant, we submit that his application for injunction fails and ought to be dismissed with substantial costs

4.12 Serious / Substantial Issues

4.13 We submit that the invitation of the Plaintiff / Applicant by the Defendant via its letter of 3rd April 2012 upon which the Plaintiff premised his action has not shown that there is any serious issue or issues to be tried.

4.14 It is further submitted that mere invitation of the Plaintiff by the Defendant’s agent is not tantamount to a breach or threatened breach of the Plaintiff’s fundamental right to dignity as argued by the Plaintiff and we urge the Court to so hold.


4.15 A cursory look at exhibit A (i.e Letter of Invitation from the Defendant) reveals that there was no threat to arrest or detain the Plaintiff. Paragraph 2 of the letter expressly states that the Plaintiff is being invited by the Defendant to “assist” the Defendant’s investigation.

4.16 The letter of Invitation was dated 3rd March, 2012 and up till date the Plaintiff has neither been arrested nor detained.

4.17 In the case of Woluchem v. Wokome (1974) 3 SC, 153, the Court succinctly stated as follows:

“The trial judge should have satisfied himself of the existence of some legal rights of the respondent and prima facie a threatened infringement of those rights before granting them an order of injunction”

See also Ladunni v. Kukoyi (1972) 3 SC 31 at 35.

4.18 Balance of Convenience

4.19 Balance of convenience has been described as the balance of the risk of doing an injustice. In Kotoye v. CBN (supra) at page 422, the Court held that the Applicant for an injunction must show that the balance of convenience is on his side, that is, that more justice will result in granting the application than refusing it.

4.20 As clearly borne out n paragraph 4 of the Affidavit in Support of the Plaintiff’s motion on Notice, the Plaintiff has failed to show that the injury to be suffered is on his side.

4.21 Clearly, the balance of convenience is in actual fat on the side of the Defendant because substantial injustice will be occasioned to the Defendant if this Honourable Court restrains the Defendant or any of its agents from carrying out its statutory functions as stipulated in the Police Act and we urge the Court to so hold.

4.22 In Obeya Memorial Hospital v. AG of the Federation (1987) 3 NWLR (PT 60) 325, the Court held that the need for a protection by way of an interlocutory injunction must be weighed against the corresponding need of the Defendant to be protected against injury resulting from his having been prevented from exercising his legal rights for which he could not be adequately compensated in damages if the uncertainty were resolved in the Defendant’s favour at trial.



4.23 The Defendant humbly submit that the Plaintiff has failed to show that the nature of the damages it will suffer if the court refuses the grant of the order of injunction sought and therefore his application should be refused.

4.24 Irreparable Damage

4.25 The Defendant respectfully submits that there is nothing in the affidavit in support of the Plaintiff’s motion to show that the loss which the Plaintiff may suffer is irreparable. All he was being invited by the Police to embarrass him.

4.26 Undertaking as to Damages

4.27 The law is clear that an Applicant for injunction, must not only show a willingness to give an undertaking as to damages but must demonstrate that he has the ability to do so. Therefore the affidavit in support of such an application ought to indicate the following:

a. That the Applicant is prepared to give an undertaking in damages.

b. The means at his disposal or who would guarantee him to be able to meet the undertaking.

See Ita v. Nyang (1994) 1 NWLR (PT 318) 56 at 67 para H.

4.28 At page 67 para E-F, Justice Uwafor cited with approval the pronouncement of Nnaemeka Agu JSC in the case of Onyesoh v. Nnebedum (1992) 3 NWLR (PT 229) 315 at 344 – 345 where it was held as follows:

“I wish to point out straight away that although, as I stated away that although, as I stated in Kotoye v. CBN & Ors. (1989) 1 NWLR (PT 89) 419 at 450:

‘an undertaking as to damages is the price which every applicant for an interlocutory injunction has to pay for it and that, same in recognized exceptions, it ought not to be granted if no undertaking has been given….. it renders the order liable to be set aside”.

5.00 CONCLUSION

5.01 In this case the Plaintiff has informed the whole world that this Honourable Court granted the application being sought now by him. So, this Honourable Court has been presented with a fait accompli.

5.02 In any case, the application for injunction is dangerous as it is designed to confer permanent immunity on the Plaintiff and thereby shield him from arrest, investigation and prosecution. No court in Nigeria has the power to grant the illegal injunction. Even as a governor the Plaintiff was liable to be investigated as his successor is now under investigation.

5.03 This Honourable Court should decline the injunction sought by the Plaintiff.

6.00 LIST OF AUTHORITIES

1. Nnamdi Azikwe University Akwa v. Nweke (2008) 1 NWLR (PT 1069) 504.

2. University Press Ltd. v. I.K. Martins (Nig) Ltd. (2000) 4 NWLR (PT 654) 584 at 595 paras E-F 600, paras G

3. I.G.P. v. Fayose (2007) 9 NWLR (PT 1039) 263, at 269 and 278.

4. Kotoye v. CBN (1989) 1 NWLR(PT 98) 419 at 411 para C-H,

5. Woluchem v. Wokome (1974) 3 SC, 153

6. Ladunni v. Kukoyi (1972) 3 SC 31 at 35.

7. Obeya Memorial Hospital v. AG of the Federation (1987) 3 NWLR (PT 60) 325,
8. Ita v. Nyang (1994) 1 NWLR (PT 318) 56 at 67 para H.

9. Onyesoh v. Nnebedum (1992) 3 NWLR (PT 229) 315 at 344 – 345

10. Ogor v. Kolawole (1983) 1 NCR 342; (1985) 6 NCLR 534.

11. Attorney-General of Anambra State v. Chief Chris Uba (2005) 33 WRN 191

12. Ekwenugo v. F.R.N (2001) 6 NWLR (PT 708) 171

13. Attorney-General, Abia State v. Attorney-General of the Federation (2006) 16 NWLR (PT 1005) 265 at 389

Dated this……..day of April, 2012
…………………………………..
OLUSOLA EGBEYINKA ESQ.
FALANA & FALANA’S CHAMBERS
DEFENDANT’S COUNSEL
22, MEDITERRANEAN STREET,
IMANI ESTATE,
OFF SHEHU SHAGARI WAY,
MAITAMA DISTRICT, ABUJA

FOR SERVICE ON:

THE PLAINTIFF’S COUNSEL
R.A LAWAL RABANA (SAN)
R.A LAWAL RABANA & CO.
SUIT C17, MAINA COURT
PLOT 252A, HERBERT MACAULAY WAY,
CENTRAL BUSINESS DISTRICT,
ABUJA.

http://saharareporters.com/news-page/police-court-papers-reveal-how-senator-bukola-saraki-perpetrated-n21-billion-bank-loan-fra

Assassination Plots Against Key Yoruba Leaders Uncovered By Group
Posted: April 25, 2012 - 22:43
Posted by siteadmin

By SaharaReporters, New York
A group, the Yoruba Intelligence Network said it has uncovered a plot to assassinate some key Yoruba leaders by fifth columnists in a effort to arouse the Southwest region into violence.

A statement by the head of the information bureau of the network, Kunle Aribisala said that prime on the list of the targets are Nobel Laureate, Prof Wole Soyinka; former Chief of Defence Staff, Lt General Alani Akinrinade and former NADECO chieftain, Dr Amos Akingba.

"Information at our disposal indicates that the group behind the plot has chosen to strike against Dr Amos Akingba on Friday, said the network.

The Network also added that the fifth columnists in their build-up to the heinous acts have sold a dummy to Soyinka months ago through some fake security reports that Boko Haram was planning to eliminate him and other leaders which made him grant an interview to The News magazine where he raised the alarm.

The Network also said that in the last few months, the fifth columnists have tried all they could to create a Boko Haram scare in the South West through all kinds of false alarms.

"Their failure to achieve a precipitate action in the region is the reason they are now eager to eliminate these leaders to provoke violent reactions in the region"

The Network equally alleged that the news of a container expulsion at the Tin Can Port on Monday which was broken on AIT but suppressed in the media since then has forced it to cry out on these plots " part of the facts that we gathered was that an explosion would take place at Tin Can before these strikes"

It asked the people of the South West to look closely at a report planted in all newspapers in Nigeria a few days ago that a detention centre for Boko Haram members was to be built in Lagos.

"Who planted this story and to achieve what? Was it to prepare an excuse for strikes in the name of Boko Haram in South West? Are we seeing an orchestrated plan to create a war situation in the country by precipitating violence in a big nation like the Yoruba to achieve some sinister agenda by other people? These are posers to ponder on"

http://saharareporters.com/news-page/assassination-plots-against-key-yoruba-leaders-uncovered-group

COUNTDOWN TO TINUBU @ 60 ‘Stop campaign of calumny against Asiwaju’
By Our Reporter 13 hours 13 minutes ago
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Asiwaju
•Osun ACN greets national leader

A pressure group, the Defenders of Democracy (DOD) has condemned an alleged campaign of calumny against former Lagos State Governor Bola Tinubu.
The group, in a statement, said the story in an online news site that N1 billion was to be spent on Tinubu’s 60th birthday was mischievous.
The group said the report is the continuation of an earlier report that “Asiwaju Tinubu has suffered a stroke and was bed-ridden.”
It said: “The figure of N1 billion they mentioned, where did they get it? What is the source? They should provide a list of contributors, facts and evidence. It is not enough to make wild allegations and walk away. Nigerians must begin to exact from the online sites the truth and be sick and tired of being served mere rumours, innuendoes, half-truths and sheer blackmail.”
DOD advised Tinubu haters, whose only past time is character assassination, to “desist from their wicked past time of spite as it contributes nothing positive to the society.”
It noted that Tinubu’s Committee of Friends planned a befitting 60th birthday for the National Leader of the Action Congress of Nigeria (ACN) without involving any government.
The group said: “We reliably gathered after a thorough fact finding that these friends and former colleagues met several times and pulled together resources towards the realisation of the project. They met severally and laid our plans, mindful of the austere times, the mood of the nation and the need to use Tinubu’s birthday as another opportunity to contemplate the realities on ground in Nigeria.”
The ACN in Osun State has congratulated Tinubu on his 60th birthday.
In a statement by the party's Director of Publicity, Research and Strategy, Mr. Kunle Oyatomi, the ACN said that Yoruba people throughout the world will forever remember the gallantry of Asiwaju Tinubu in the battle to save Yorubaland.
In an eulogy to the National Leader, the ACN, Osun State declared: "You, our beloved Asiwaju Bola Ahmed Tinubu fought the monsters of so-called mainstream politics to a halt in 2003 and held on to Lagos. "You engaged them in fierce, sometimes even bloody, battle from 2004 to 2011 and crushed them;
"First, you helped to retrieve Edo and Ondo states from them; then you restored the glory of Yoruba in Ekiti; and brought Osun back into the family of the Virtuous: after which you fought with everything you have to win back Oyo and Ogun states into the great family of Yoruba progressives.
"But for God and you, our beloved Asiwaju, these victories would have been impossible.
"These and more of your outstanding deeds make today so special to us. It is the celebration of your victory over the consortium of evil that ravaged Yorubaland from 2003 to 2009.
"We believe that there is still a remnant of the serpent that is lurking around to inflict harm on our people. But with you still fighting, the serpent head will be crushed.
"Asiwaju, God will stand with you for us, and we, the good people of Osun State and our leader, Ogbeni Rauf Aragbesola will stand by you solidly to fight the Amulumalas who want to destroy the legacy of Chief Obafemi Awolowo in this part of the country.
"Happy birthday, our great leader."

http://www.thenationonlineng.net/2011/index.php/news/41282-countdown-to-tinubu-%40-60-%E2%80%98stop-campaign-of-calumny-against-asiwaju%E2%80%99.html

You Know President Jonathan Respects You If… By Rudolf Ogoo Okonkwo
Posted: March 27, 2012 - 12:29

Columnist: Correct Me If I Am Right By Rudolf Okonkwo
A common refrain in Nigeria’s political discourse is that commentators should respect people in government, especially the president. Even though respect is earned and not bestowed, Nigerians waste no time in spiting out words of that nature. Some say that even if commentators do not respect the occupant of the office, they should respect the office itself.

That, in and of itself, is a western concept. It is not a bad idea except that we selectively pick western concepts that favor our argument of the day and discard the ones that do not.

If only we blindly respect people in power or the offices they hold, things won’t be this bad. But we literally worship them. For some of us, it is cultural. For others, it is an offshoot of our patronage-based society.

In the political arena, at least, I have always been of the opinion that worshiping our political office holders is dangerous because there is no way of holding the people we worship accountable. And our first job as citizens is to hold our elected officials, civil servants, law enforcement agencies and all those who receive tax payers’ money accountable.

There is no limit to how we should hold them accountable. We can yell at them. We can make fun of them. We can shun them. In all things, they should be answerable to us. In fundamental terms, they are our servants. They work for us.

Since most of us know and even profess that respect is earned, it is strange how we do not pause to ask if they have earned our respect before we defend government officials whose activities receive scrutiny – or more importantly, if they have respected themselves or even their offices.

I used to think that our politicians are exploiting our ignorance. But that is a very wrong perception. What I think they exploit is the awareness that we are incapable of taking real and concrete actions to change our situations.

Does your president respect you? Does your governor respect you? Does your local government chairman respect you? Does your ward councilor respect you? Does your government respect you? If your president does not respect you, where will the whole hierarchy of government find the inspiration and example to respect you?

Here are the top ten things that will prove if your government official respects you and by extension, the office they hold.

1.) Your President respects you if you know how much your president makes each year and how much he is worth as required by the provision of the constitution which expects him to declare his assets.
2.) Your government respects you if those in the National Assembly have initiated an impeachment proceeding on the president for failing to declare his assets as required by law.
3.) Your governor respects you if you know how much he collects as security vote from the monthly federal allocation he receives from Abuja. On the average, they collect about 7% from the money meant to run the state. This unaccounted money runs into hundreds of millions of naira in states where many live on less than N20,000 naira a month. They stash the money in foreign banks, buy votes and oppress opponents, and use the rest to take the wives of local government chairmen on a shopping spree abroad.
4.) Your government respects you if they know how much crude oil is taken out of Nigeria everyday. That nobody in government can tell the exact barrel of oil that is drilled out of Nigeria’s land and sea is a capital sin.
5.) Your judiciary respects you if it treats the bank executive who steals customers billions the same way it treats a poor girl who stole a blackberry phone.
6.) Your police force respects you if they obey the laws of the land which includes treating every suspect with respect, following due process, eschewing torture, rejecting bribery, making sure that they are fit like policemen of the rest of the world and, most importantly, keeping their barracks clean.
7.) Your president respects you if he holds periodic press conferences where he answers questions that are important to you, the citizen. Holding a stage managed press conference where questions are sent in advance does not count as respect. Neither does refusal to debate his political opponents show respect for the voters.
8.) Your soldiers respect you when they subject themselves to the orders of civilians who run our democratic government and respect the laws of the land. It is not happening when soldiers are beating up civilians on the street or when soldiers are burning up police stations after an encounter with the police.
9.) Your government respects you if it is transparent about how oil blocks are given out and who owns what oil block. The most precious resource of your country should not be handed out to friends of the government. You have the right to know who owns what block and how and why he or she got it.
10.) Your president respects you if, once in a while, especially in moments of national crisis, he wipes that ludicrous smile off his face.

Those who do not respect you, as a citizen, do not respect their offices. In fact, by disrespecting you, they have defiled their offices and do not deserve your respect.

Please correct me if I’m right.

http://saharareporters.com/column/you-know-president-jonathan-respects-you-if%E2%80%A6-rudolf-ogoo-okonkwo

Suspend the dubious capital market probe now

MARCH 19, 2012 BY PUNCH EDITORIAL BOARD 56 COMMENTS

THE latest bribe scandal emanating from the National Assembly reinforces Nigeria’s global image as an irredeemably corrupt nation. The integrity of the parliament, never sterling in the first place, has once more been called into question. On Monday, last week, the House of Representatives announced the commencement of a three-week probe into the Nigerian capital market, with the involvement of the Economic and Financial Crimes Commission. What happened a few days into the probe was bizarre, if not comic. The allegation that the leader of the parliamentary committee, probing the capital market regulator, Herman Hembe, demanded bribes from the same regulator is the latest assault to public sensibility. The Hembegate scandal has brought the integrity of the National Assembly to the lowest ebb and should not be condoned.

If we are serious about fighting corruption and improving the nation’s odious image, this latest bribe saga should not be swept under the carpet as many similar scandals have been treated in the past. The drama in Abuja on Thursday was sordid indeed. The House of Representatives Committee on the Capital Market and other Institutions had been grilling Arunma Oteh, Director-General of the Securities and Exchange Commission. Several allegations, bordering on improper recruitment and spending had been made against her. Hembe had been particularly hostile and aggressive towards Oteh.

On Thursday, she flipped. Demanding a fair hearing, she questioned Hembe’s integrity and motives. Then the bombshell: “In asking the SEC to contribute N39 million for this public hearing, don’t you think that you are undermining your capacity to carry out your duties?” Not done yet, she thundered: “You also requested that we should provide at least N5 million, which was a day before this public hearing.”

All stakeholders will agree that the issue of the credibility of Hembe be swiftly addressed. This position is unassailable. The principle of fair hearing compels an immediate halt to the enquiry. An independent committee is required to investigate the allegations against Hembe and the committee. The investigation into the committee should also examine if there are external influences, as already alleged, in the SEC hearings. Observers easily recall how SEC and Oteh were hounded by both chambers of parliament and a federal attorney-general on behalf of the ousted leadership of the Nigerian Stock Exchange.

Since 1999, the National Assembly that should be the bastion of probity, integrity and moral rectitude has been repeatedly enmeshed in scandals and financial brigandage. It has become a national embarrassment, a swamp of intrigues and corruption. From the first Speaker of the House who forged educational certificates, to the last but one, scandal had dogged the lower chamber. Three Senate presidents have bowed out of the National Assembly in scandal. The parliament gave jute bags, Ghana-must-go in local parlance, a certain notoriety associated with treasury looting and bribes. Previous legislative scandals offer stout evidence that probes are nothing but random plots for corrupt enrichment, or to achieve personal agenda. How come none of the numerous probes undertaken by the lawmakers have ever yielded fruits?

Once again, the federal lawmakers are disgracing the state. Allegations that parliamentarians routinely demand bribes to confirm for appointment public office nominees and approve the budgets of Ministries, Departments and Agencies are rife, even if not proved. There are widespread stories of how the conduct of oversight functions involving public hearings such as the current one, summons of public officials and private sector operators and visits to institutions, have become an avenue for extortion. Alleged demand for and release of N51 million to the Senate to approve his budget landed a former Education Minister and several others in court on corruption charges. A former Federal Capital Territory Minister, Nasir el-Rufai, once alleged that senators had demanded bribes to smooth the way for his ministerial confirmation. No one was apprehended nor punished. A former senator once alleged on the floor of the senate that he had received and personally distributed bribes to other senators at the behest of the Presidency. At the lower chamber, a member once displayed his own share of millions of naira collected as bribes by members.

The erosion of credibility and integrity has made a mockery of our democracy and deprived the nation of quality governance. Our lawmakers have often portrayed themselves as irresponsible and unresponsive to the needs of the people. As public officers, they place their own comfort above all else. Despite the continued slide in the standard of living of Nigerians – with 61.9 per cent living in “absolute poverty” – the National Assembly has adamantly refused to drastically reduce the jumbo allowances of its members that make our parliamentarians arguably the highest paid in the world. The frequent shameful displays by lawmakers have gone too far. Despite the hefty sums they vote for themselves that enabled them to take 25 per cent of all federal overheads in 2010, according to the Central Bank Governor, Lamido Sanusi, lawmakers are alleged to routinely demand money from MDAs. These are some of the reasons why the National Assembly has developed a reputation as a rendevouz for feasting on public funds. Thursday’s ugly scene at the House probe of the capital market only reinforced this image.

There is something terribly wrong with our political system that marginalises those with the best brains and highest standards of integrity, but allows pliable people to dominate the public space. It is quite telling that Nigerians continue to elect its Second Eleven to the legislature rather than good men and women who are determined to wipe out corruption. Our weak electoral system is one of the main reasons why, despite the corruption, laziness and incompetence in the National Assembly, the corrupt, lazy and incompetent keep getting re-elected. Nigeria is also stuck with pathetic opposition parties that are chronically incapable of keeping the ruling party on its toes. There is, sadly, nothing in the present composition of the National Assembly to inspire much hope of productive lawmaking. The quality of representation has been rather poor and explains the meagre output of the national parliament in the last 13 years.

Corruption in high places has gone far enough. The Hembegate scandal is coming only two weeks after British law caught up with a former Delta State Governor, James Ibori, who had successfully dribbled our own compromised judiciary. It comes in the wake of the still unfolding N2 trillion petrol subsidy scandal and sundry other financial scams whose perpetrators are still breathing the air of freedom. No nation that celebrates corruption makes progress.

Nigerians should be appalled at their corrupt and clueless legislature. The regular assaults on their collective dignity by the few corrupt and greedy politicians must end. President Goodluck Jonathan should demonstrate his commitment to transparency by reining in the pervasive culture of corruption, by making public his assets declaration papers and those of his ministers immediately. Nothing short of this will restore the people’s confidence and trust in his government. Jonathan should immediately order that no minister or head of MDA should, henceforth, succumb to parliamentary blackmail. The MDAs should stop sponsoring legislators as they have their own votes for travels. The Nigerian Bar Association and civil society groups should mobilise for the institution of a transparent, upright and less expensive parliament. The electoral system will need to be radically overhauled as should the party system, to pave the way for credible Nigerians to emerge in leadership positions.

For democracy to have meaning and facilitate development, there must be a drastic change and zero tolerance for corruption, election malpractices and financial recklessness at the parliament. The Presidency and the leadership of the National Assembly should get to the root of the SEC probe saga. Unlike the numerous other scandals that have been swept under the carpet, this should provide a take-off point for the war on corruption to truly gather steam. The EFCC need not wait for a petition to quickly move in and question Oteh and Hembe and thus revamp the comatose anti-corruption drive. There should be a greater display of integrity in the National Assembly than what is happening now.

http://www.punchng.com/editorial/suspend-the-dubious-capital-market-probe-now/

Nigerian Senators, House Of Reps Members To "Earn" N71 billion In Illegal Allowances In 2012-Premium Times
Posted: March 19, 2012 - 20:33

By ini Ekot
The illicit allowance is enough to build a 450MW power plant for the nation

Federal lawmakers’ self-assigned hefty annual allowance, which totals more than N70 billion this year, would be sufficient to inject at least a 450 Megawatt of power into the national power grid, a cost analysis by Premium Times has shown.

Put differently, that sum will complete the dualization of one of the nation’s deadliest highways - the Abuja-Lokoja road - which, relative to other highways across the country, is well funded, but in reality, remains one of the most fund-starved projects.

In the 2012 budget, after years of being abandoned, the four lots of that road that leads from the federal capital territory only received N2 billion apiece, a figure lower than the presidency’s 2012 feeding cost and the senate’s bill for new cars. Both subheads cost N2.3 billion.

Beyond the cars, the lawmakers in the senate and the House of Representatives will this year receive a total of about N71 billion in self-allocated allowances, widely considered illegal, and famously branded, jumbo.

At an average $1 million(N155million) per megawatt of electricity,- a ratio considered comparatively standard by experts - that can provide extra power to the tune of at least 450MW to a nation shuddering under extreme power shortage.

The illegal allowances for the year is almost the amount the federal government needs to fund the Calabar power station, under the National Independent Power Project(NIPP).

Combined with the less than 200MW Ibom power plant in neighbouring Akwa Ibom state, the production value is expected to adequately feed both states, minimizing the operational cost of the nation's small scale businesses from running a barbing saloon on road sides to powering the multibillion naira Tinapa project.

Despite claims they were reducing their huge pay last year, Nigerian senators currently draw a scandalous N180 million illegal allowance each annually, retaining them as perhaps the world’s highest paid lawmakers.

The amount, covering the four quarters of the year at N45 million apiece for each senator, is the controversial “jumbo allowance”, an outsized, self-apportioned remuneration enjoyed by the legislators.

It excludes their basic benefits like salary - a far lesser figure -and essential allowances approved by the Revenue Mobilization, Allocation and Fiscal Commission.

It also does not include allowances and estacodes the senators draw while on committee work within and outside the country.

A member of the House of Representatives also receives N36 million for the same benefit, while the principal officers for the two chambers are paid far higher amount after every three months. There are claims the amount may have been recently reduced to N27 million, but lawmakers have not backed up the claims.

A purported 63 per cent pay review agreed to by a new session of the National Assembly in 2011 to stem public uproar stirred by corruption charges involving former speaker, Dimeji Bankole and deputy, Usman Nafada, has hardly made a significant difference.




An analysis of the lawmakers’ pay structure shows that were such reductions made, the margins were small, with the members retaining much of the privileges that guaranteed them a leading spot on the list of most expensive lawmakers around the world.

Had that review been appropriately done as claimed, a senator would have earned N22.2 million as quarterly allowance, while House members would get N15.5 million each.

But current “illicit” allowance stand at N45 million for each senator, and N36 million for each House member, indicating a 25 per cent and 14.3 per cent cuts respectively, according to lawmakers interviewed by Premium Times.

Lawmakers loathe acknowledging the package as part of their earnings, and roundly reject the public’s portrayal of it as an extra illicit allowance, not approved by the revenue commission. They claim the “allowances” constitute the “running costs” of their offices.

“When we said we were cutting costs, we did not say we were cutting our allowances, we said we were cutting the running cost,” said Victor Ogene, the deputy chairman of the House of Reps committee on media.

“Our earnings are quite clear, you go to the Revenue Mobilization Allocation and Fiscal Commission,” he added, questioning “how can the cost of say buying paper, or entertaining a visitor be part of my earnings?”

When pressed on the allowances, lawmakers readily point to their basic salary pay slip which, for the House of Reps, averages only about N445,000 monthly.

Mr. Ogene denied that House members collect as much as N36 million although he would not dispute provisions were made for such quarterly earnings.

Whatever provisions were made, he said, operated as a cash pool not paid to members, but from where claims can be made on expenses incurred.

The lawmaker said the 63 per cent cut reflected on members' "running cost" in 2011, while that of 2012 was yet unclear since the budget was yet to be unapproved.

The senate spokesperson, Enyinnaya Abaribe, did not respond to several calls to his telephone.

For the 109 senators, the earnings they have maintained amounts to N19.6 billion a year, while N51.8 billion is spent for the house for the same period, with a total cost of N71.4 billion.

It adds to a string of cost the national assembly keeps annually, including hefty multi-billion payout for the latest models of cars reported by this website last week.

http://saharareporters.com/news-page/nigerian-senators-house-reps-members-earn-n71-billion-illegal-allowances-2012-premium-time

Pension cartel ‘rakes in N3.3b monthly’
By Our Reporter 16 hours 27 minutes ago
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•Mr Nta

The Chairman of the Presidential Task Team on Pension, Mr. Abdulrasheed Maina, yesterday said a pension fraud cartel was swindling the Federal Government of about N3.3billion monthly before the team was put in place.

He said after verification by his team, the pension rates being paid by the government reduced from N5billion to N1.7billion.

He said the N28billion police pension fund found in an account will be returned to the Budget Office.

Maina, who spoke at a meeting with the Acting Chairman of the Independent Corrupt Practices and other Related Offences Commission (ICPC), Ekpo Nta, said the team has recovered N151billion embezzled funds and assets from corrupt civil servants, especially those in charge of the Pension Office.

He said a civil servant, who was involved in the pension racket, had 555 accounts.

“A figure of 258,000 pensioners was submitted to the Budget Office by the ‘cartel’ in the Pension Office of the Head of the Civil Service of the Federation for which N5 billion was usually released monthly.

“But out of the N5 billion, the task force discovered that the government only needed N1.7 billion out of N5billion to pay the 70,657 genuine pensioners.

“The government is only paying N1.7billion to pensioners instead of the hitherto N5billion. Obviously, those profiting from the scam were not happy. They have been issuing threats to members of my team.

“We discovered about 71,133 ghost pensioners within the system, for whom the “cartel” behind the fraud had been collecting government money for years.

“Also, about 44,320 retired persons were discovered never to have been paid their pension since 1968 and 1975. We have brought some of these pensioners on board and they now enjoy their pension.

“During the systems review, we uncovered 66 fake accounts. There was a situation where about 555 accounts belonging to one person were discovered in a particular bank.

“We felt this could not have been possible without connivance of the bank management. It is really unfortunate and sad.”

Maina said the success was achieved through the system review scheme designed by his team of men from ICPC, EFCC, Customs, Immigration and other relevant security agencies.

He pleaded with the ICPC for closer ties so that all corrupt cases uncovered could be prosecuted.

He said: “If we can make these shocking discoveries in the Pension Office of the Head of the Civil Service of the Federation alone, you can imagine the extent of fraud in all the 42 pension offices nationwide.

He added that the robust database of pensioners built by the team as well as the e-payment system designed by the team really helped a great deal.

He said the Task Team had also succeeded in reducing the monthly pension of the Police from N1.5 billion to N500 million.

Maina said: “At the Police Pension Office, the team also discovered some fraud that led to the reduction of their monthly delivery from the Budget Office from N1.5 billion, to N500 million.

An idle fund of N28 billion was also discovered and is to be returned to the Budget Office.

“We have designed a smartcard solution that has cut this expenditure and made the exercise very convenient for the pensioners, who can do the verification without having to travel around the country thereby risking their lives.

“The government should be able to fully fund pension even in the future if the tempo against fraud in pension offices is sustained.

The Acting Chairman of ICPC, Mr Ekpo Nta, praised the Task Team for its achievements.

He said the commission has embarked on System Review of Public Department.


http://www.thenationonlineng.net/2011/index.php/news/35559-pension-cartel-%E2%80%98rakes-in-n3.3b-monthly%E2%80%99.html

The Man SSS Captured Is Not Qaqa But Darda, Says ‘Abu Qaqa’ Of Boko Haram
Posted: February 3, 2012 - 13:48
Posted by siteadmin

By Saharareporters, New York
The leadership of the Boko Haram sect yesterday reacted to the widespread news about the arrest of the spokesman, Abul Qaqa whom the secret police reportedly captured in Kaduna. BH today stated that the arrested operative was not Qaqa but Abu Darda who is the head of Boko Haram’s enlightenment committee.

The real Qaqa purportedly spoke yesterday in Maiduguri, saying that Darda was in Kaduna to meet government officials ahead of a possible dialogue meeting, which he was surrounded and arrested by a joint task force team. The sect spokesperson said there is no more opportunity for dialogue because of the arrest.

In the telephone conversation with journalists, the sect said “Our man was deceived in the name of dialogue; the person that was arrested was Abu Dardaa and not Abul Qaqa. I am Abul Qaqa, the spokesman of the Jama’atu Ahlis Sunnati Lidda’awati Wal Jihad. Of course, Abu Dardaa is a senior member of our group who plays a key role on public enlightenment. The arrest of Dardaa is an outright deception and betrayal by the Nigerian government and security agents…."


“The arrest of Dardaa has proven to us that security agents were anxiously waiting for us to avail ourselves so that they can catch us. Based on the agreement and mutual understanding, we purposely sent Abu Dardaa to Kaduna to discuss with some key government functionaries on the issue of dialogue. Indeed, he had discussed with some officials but unknown to him, shortly after the meeting, they directed some security agents to trail him afterwards and then arrested him."

“Despite the risk and dangers involved, Dardaa had volunteered to present himself for the dialogue but was betrayed, all of us were betrayed. "

Everybody knows our capability and tactics of operation and it is clear that none of our members could be caught on a platter of gold and without confrontation, just the way Dardaa was picked. We initially thought that the much thought about dialogue was true and we actually resolved that after the initial meeting, we would send five representatives to stand for us. Part of what we told Dardaa to discuss with the government representatives was the unconditional release of our members as precondition for any further discussion. I want to reiterate that even with his arrest; we want all our members to be released for peace to return and for dialogue to hold.”


http://saharareporters.com/news-page/man-sss-captured-not-qaqa-darda-says-%E2%80%98abu-qaqa%E2%80%99-boko-haram