Your letter, funeral for anti-graft war – Lawmakers EFCC boss ‘risks rejection again
By Ezrel Tabiowo and Taiye Odewale
Abuja
The seeming reconciliation between the Presidency and the National Assembly appears not to have yielded the desired result, as the Executive yesterday lashed at the Senate over its call for the immediate resignation of the Secretary to the Government of the Federation (SGF), David Babachir Lawal.
Similarly, in another letter forwarded to the Upper Chamber, President Buhari also faulted its rejection of Ibrahim Magu Mustapha as the substantive Chairman of the Economic and Financial Crimes Commission (EFCC).
The lawmakers’ position followed Babachir’s alleged involvement in financial scam rocking the Presidential Initiatives on North East Development.
The Senate, had, in December last year, through resolutions on report from its ad hoc committee on Mounting Humanitarian Crisis in North-east, indicted the SGF over an alleged N200million contract scam awarded to his private company (Rhola Vision) and called for his removal.
And twenty four hours after, precisely on Wednesday, December 15, 2016, the Senate reject ted Buhari’s request for Magu’s confirmation as EFCC Chairman based on alleged indictment by security report from the Department of State Service (DSS).
But President Buhari, in two separate letters to the Senate President, Bukola Saraki, read on the floor of the Senate, picked holes in the resolutions of the Senate on both issues.
In giving his backing to the embattled SGF, the President accused the Senate of not following due process, on the ground that Lawal was not given a fair hearing by the upper legislative chamber before the guilty verdict was passed on him.
He said the report, being an interim one, should not have been forwarded to him because it has not been debated and a final report submitted and adopted by the Senate.
The letter reads in part: “Following a receipt of your letter, I set up a review team to consider the recommendations from the Senate committee. I have also conducted further investigation based on Engineer Lawal’s response to the allegations and issues raised in the Senate resolution. I have come to the following conclusion that I believe will guide the Senate in the proper review of its interim report and eventual resolution.
“The report forwarded to the Presidency by the Senate, which informed the decision that Engineer Babachir Lawal should resign and be prosecuted by the relevant authority S/075/02/016, was an interim report as against a final report which ought to have been presented to the Senate in the plenary for adoption as a binding and final report before submission to the Presidency given the weight of allegations made in the report.
“The Senate committee set up to investigate the mounting humanitarian crisis in the North-east comprised of nine members namely, Senator Oluremi Tinubu, Senator Mohammed Hassan, Senator Solomon Adeola, Senator Ben Murray Bruce, Senator Tayo Alasoadura, Senator Theodore Orji, Senator Yahaya A. Abdullahi, Senator Mallam Aliu Wakili and Senator Issac M Alfa.
“The review of the interim report shows that the interim report was only signed by only three out of the 9 members, namely; Senator Solomon Adeola, Senator Yahaya Abdullahi, and Senator Isaac M. Alfa
“The signing of the interim report by three out of nine members of the committee makes it a minority report of the Senate committee and not a committee report being an interim report, thus, presenting a challenge for the Presidency to determine the weight to attach to the report as currently presented.
“It is also on record that company linked to him, Roller Vision Engineering Limited, was also not invited at any time before the committee to defend himself against the allegations which eventually formed the fulcrum of the Senate’s case against the company.
“You are invited to note that non application of principles of fair hearing by the Senate ad hoc committee, is a clear contravention of section 36 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and against all principles of rule of law as initiated in the Nigerian legal system, as well as the roles of the National Assembly committees on handling of public petitions.
“Consequently, I am of the view that barring other considerations that may arise as a result of subsequent investigation of Engineer Lawal by the interim ad hoc committee, the current report as presented to the Presidency in its own right, does not meet the principles of fair hearing and compliance with the Senate rules for conduct of investigations in matters relating to abuse of office by public officers”.
However the Chairman of the committee, Senator Shehu Sani (APC Kaduna Central), in his comments faulted all the claims made by the president in the letter, saying the committee did a thorough job.
Shehu Sani, who rose through Order 43 (matter of personal explanation), said the president lied on all observations made.
He said: “It is shocking to me that such a letter can come from the Presidency with such misinformation and outright distortions.
“They lied by saying that the committee didn’t invite the SGF: the committee invited the SGF and the letter was acknowledged by the Permanent Secretary in the Office of the SGF, Mr. Aminu Nashimu.
“To make sure that we buttress our point, we made a paid advert in three or four national dailies: this one was published on Dec. 2, 2016 and the SGF is clearly mentioned as one of those that are expected to come and appear before the National Assembly.
“Secondly, issues were raised that only three members of the committee signed that interim report that was also a second lie coming from the Presidency. I have a copy of the interim report which was initially signed by seven members of the nine members of that committee and I am going to submit it to the Clerk of the Senate.
“Even if it is nine and then three people signed, we still have a quorum, but here I have seven people. I will say also that, I listened to the list of the names that were read and they omitted the chairman which is me. This shows clearly how the SGF and his minions in the Presidency misinformed the President to sign this letter.
“I will say this clearly; this letter is a funeral service for the anti-corruption fight of Mr. President. When it comes to fighting corruption in the National Assembly and the Judiciary and in the larger Nigeria sectors, the President uses insecticide and when it comes to fighting corruption within the Presidency, they use deodorants.
“I stand by the report of that committee and it is very clear to us: if we can allow this committee’s report to be shredded into pieces, then I think it would be in order for us to open all the 138 prisons in this country for all the convicts and awaiting trial inmates to go scot-free.
“It is unfortunate that we have a political atmosphere where you have a saintly and angelic Presidency and a devilish and evil society. We must in every respect fight corruption within the kitchen as we do in the veranda; if we don’t do that then we are being hypocritical”.
Briefing the media after the plenary, the Senate’s spokesman, Senator Aliyu Sabi Abdullahi (APC Niger North) said that the Senate stands by its earlier stance on SGF.
Fresh hurdles for EFCC boss
Meanwhile, there are signs that the Senate may reject the nomination of Ibrahim Magu as the substantive Chairman of the EFCC for the second time, after presentation of a letter of his re-nomination by President Buhari.
A highly dependable source in the Senate, disclosed to Blueprint under anonymity that the various caucuses in the Senate, had concluded plan to drop the EFCC boss.
According to our source, the lawmakers arrived at the decision at the weekend when the news of Magu’s re-nomination by the president filled the air.
The source assured that “unlike what happened in December when the Senate did not allow Magu go through proper screening before rejecting him, the methodology will be different this time around as the embattled EFCC boss will be given opportunity to appear before the appropriate Senate Committee where issues of corruption and underhand dealings levelled against him would be revealed, his defence taken, and report written in accordance with Senate procedures.”
The report, it was gathered, irrespective of its recommendation, will be summarily rejected on the floor of the Senate.
Re-presenting Magu in a letter to the Senate President yesterday, Buhari said: “I write with reference to your letter no NASS /85/R/016 dated 15th December, 2016 where in you conveyed to me the resolution of the Senate of the Federal Republic of Nigeria reached on the same Thursday 15th December 2016 in respect of my earlier request for the confirmation and appointment of Mr. Ibrahim Magu Mustapha the nominee as the chairman of the Economic and Financial Crimes Commission.
“I have taken due note of the contents of the aforesaid resolution as it concerns the nominee, particularly the conclusion of the Distinguished Senate not to confirm the nomination of Mr. Magu due to a security report on the nominee, issued by the Department of State Services (DSS) and addressed to the Senate via a letter dated 3rd October 2016.
“Upon receipt of this said resolution, I took administrative steps within the Executive arm of government to ensure the speedy clarification of issues relied upon by the Senate in arriving at its decision.
“These steps included a request for the response of the nominee to the allegations contained in the report out of desire to ensure that the credibility of our anti-corruption campaign is not compromised or called to question.
“It is in the above context that I therefore request to gracious indulgence of this distinguished Senate to favourably accept my re-nomination of Ibrahim Magu Mustapha for the position of the chairman of the Economic and Financial Crimes Commission, having received adequate clarification considering the matter relied upon by the Senate in arriving at its decision.
“Mr. President of the Senate, I make this request for a favourable reconsideration by this distinguished chamber against the background of the critical role of the Senate in driving the anti-corruption campaign of the present administration through a proactive legislative agenda and adequate appropriation support for the important work of the agency such as the EFCC…”.
But commenting on the letter at a media briefing after plenary, the Senate spokesman, Senator Aliyu Sabi Abdullahi said the president did not address any of the issues raised in the security report against Magu, but merely glossed over them.
…the current report as presented to the Presidency in its own right, does not meet the principles of fair hearing and compliance with the Senate rules… – Buhari
When it comes to fighting corruption in the National Assembly and the Judiciary and in the larger Nigeria sectors, the President uses insecticide, and when it comes to fighting corruption within the Presidency, they use deodorants – Senate
