Babachir, Magu: Anti-corruption war on the cross?

The Senate and the Presidency appear set for a dogfight on the corruption war in the New Year. In December, two key officials of the administration got bashed in the red chamber. The Senate wants the officials off the radar but the executive is retaining them on the job, so far. How are the stakeholders handling the unfolding dogfight? What fate lies ahead of the anti-graft war? What strings can the legislature pull? Associate Editor, TAIWO ADISA, writes.

INTRA-caucus squabbles, battles and allegations are the most difficult to deal with. They come in different colours and with dangerous complexities that task the resolve of the caucus leader.  That appears to be the dilemma of President Muhammadu Buhari, as his anti-corruption war ran face to face with the key challenge of dealing with crisis within.

His government, which came into office in 2015 with an advertised zero-tolerance for corruption and graft, ran into a major test when information blew into the open that key leaders of the inner core of power, the Secretary to the Government of the Federation (SGF), Mr Babachir David Lawal, an acclaimed member of the “cabal” and the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, have allegations to clear their names concerning the management of public office.

Magu, whose nomination hanged in the Senate between July and December 2016, was confronted with a damning security report, which precluded the red chamber from confirming him for the top job on December 15.

Days before the revelation on Magu became public, the Senate had passed a resolution asking President Buhari to sack the Secretary to the Government over a series of allegations relating to the management of the Presidential Initiative on the Humanitarian Crisis in the North East (PINE).

How Babachir’s ordeal began

The setting for Babachir’s probe had been set week earlier. No one really saw it coming but the public is aware that the SGF heads the PINE as its chairman. At the public hearing, organised by the Senate ad hoc committee on the mounting humanitarian crisis in the North-East, headed by Senator Shehu Sani, on December 6, an argument had ensued between the Commissioner for Information, Yobe State, Alhaji Mohammed Lamin, and the Secretary of the Presidential Initiative, Alhaji Umar Musa Gulani.

The commissioner discredited the submissions made by the Secretary of PINE and claimed that most of the contracts awarded by the committee were non-existent. He put a lie to the submissions of the Presidential Committee and denied the claim that the committee had spent the sum of N203 million to clear invasive grass in Yobe State; spent another N253 million to tackle species of the plant in river banks across the state, as well as the expended the sum of N422.5 million to provide temporary shelter (tents) to some families in the state. The commissioner denied the existence of welfare activities by PINE adding that “there is no invasive plant in Yobe State.”

The denials by the commissioner got the committee thinking and that ensured that the ad hoc committee dug beneath the surface. The Shehu Sani-led committee thereafter found that the presidential initiative had approved some non-expedient projects, including the decision to allocate the sum of N50 million to a non-governmental organisation, rather than commit the fund to the direct use of the IDPs, while only spending N20 million on the feeding of the displaced persons.

While presenting an interim report of its tour of the IDP camps in the North-East, the Shehu Sani committee reported a long list of infractions it discovered. He reported that the PINE was not on ground in most of the IDP camps visited by his committee and that; rather, the committee witnessed the presence of global bodies and the Dangote Group. The committee reported alleged misapplication of funds allocated to the PINE and award of contracts to relations of government officials, as well as to a company owned by the SGF. The committee announced the discovery of an alleged N2.5 billion fraud in the activities of the PINE, amidst several other allegations.

Senate committee’s findings on SGF

The Senate committee reported that the PINE took advantage of the conditions in the Federal Government’s emergency contract award procedures under the emergency situation principle as stipulated in Section 43 (i) & (ii)  of the procedure but disregarded Subsection (iii) & (iv) of Section 43 of the Public Procurement Act, 2007.

It claimed that the procurements undertaken by PINE in the North-East contravened Federal Government’s Financial Rules and Regulations, number 2948. The report indicated: “That most of the contracts awarded by PINE have no direct bearing/impact to the lives of the displaced persons apparently languishing in hunger/starvation, disease, squalor and other deplorable conditions in all the DPS. The contracts under reference include: PINE contributions to two (2) conferences on Rebuilding the North East; and the purported payment of over Two Hundred and Twenty -Three Million (N223m) Naira for the removal of invasive plant species from Yobe Water Channels. That the Presidential Initiative on North-East (PINE) took undue advantage of the provision of emergency situation contract award in the Public Procurement Act, 2007 to over inflate contracts.”

This was just as the committee noted that it discovered that contracts were allegedly awarded to companies belonging to top government officials and their cronies.

“For example, Rholavision Engineering Limited incorporated in 1990 with RC No. 159855 at the Corporate Affairs Commission, Abuja to carry out information and communication technology services, anchored by Mr Babachir Lawal, the current Secretary to the Government of the Federation (SGF) was awarded consultancy contract for the removal of the invasive plant species in Yobe state on 8th March, 2016. Although, Babachir resigned the directorship of the said company in September, 2016, it is on record that he is still the signatory to accounts of the company.

The report further read that “95 per cent to 100 per cent payments of all contracts awarded by PINE have been paid even as some contracts are yet to be fully executed, e.g, payment of One Hundred and Eight Million naira (N108m) only for the supply 1100 units of temporary tarpaulin carbines at Three Hundred and Two Thousand naira (N302, 000:00) per unit made to Dantex Nigeria Limited despite the fact that 125 units valued at N37.7m were yet to be supplied.”

The committee further stated that despite the claim by some Federal Government agencies that huge sum of money was being spent in the North East, what was on the did not justify/reflect the claims, saying over 70 of displaced children both in camps and with host communities were out of schools due to lack of classroom infrastructure, inadequate teaching materials and even teachers.

“Generally, there is acute shortage of food amongst the lDPs, as observed in one of the lDPs visited, three (3) bags of rice of 50kg each, a bag of beans of 50kg and a 4 liter of palm oil were given to 30 people for 15 days. These were considered too insufficient as confirmed by many lDPs that interacted with the Committee,” the report said.

A resolution was thereafter taken that President Buhari should immediately relief the SGF of his position and give go ahead for his prosecution.

Drama in the Senate

The chairman, Senate Committee on the Federal Capital Territory (FCT), Senator Dino Melaye, who introduced some drama into the debate of the interim report shed tears as he made his contributions.

The Senator said: “I am aware that Babachir Lawal became Secretary to the Government of the Federation before this stipulated date. He became Secretary to the Government last year and when this committee started looking at the books, Babachir Lawal in the fashion of the fastest man in the world, ran to Corporate Affairs Commission and quickly withdrew his directorship of the company after the execution of the contract.

“Babachir Lawal has exhibited anti-Buhari tendencies, the President of the Federal Republic of Nigeria will be rolling in his chair in anger. Yesterday, I felt like crying, but today, I want to cry and I can see that in solidarity, the Senate President is also crying. We are not going to play over this issue though this is an interim report, but the resources of this country belong to the people and they belong to all of us.

“This is a gross abuse of office, truth is mightier than any currency and every lie has an expiry date. The lies of the Secretary to the Federal Government have expired. From my own expected position of the senator representing Kogi West, already there is a clarion call for the immediate, just like the judges, for the immediate resignation of Babachir and after completion of report, prosecution.”

That was a motion that shook the nation’s seat of power to its roots. It was also one that clearly put forward a major test for executive/legislature relations in this dispensation. Thus far, the relationship between the two arms of government has not been rosy since June 2015. But lately, after some bruised noses on either side, the two arms are beginning to understand each other’s strengths and usefulness. More engagements have been witnessed between the two arms unlike the early days when the executive perhaps thought it could go it alone. And the motion of December 13 stands as a potential setback for the gains already secured in that area. How will the president handle the potentially volatile situation? Does he ignore the legislature and risk an acrimonious 2017? Will he sacrifice his key ally and trusted insider in government?

Questions and questions

But as the Presidency was pondering on the way forward, Babachir replied the lawmakers and called their bluff. He insisted that the Senate was talking “balderdash.”

He insisted on his innocence and declared that the Senate did not get its facts right. “Rubbish and absolute balderdash,” were his immediate response to the allegations, as he accused the lawmakers of attempting to pull him down.

He further said: “The Senate is talking balderdash; it has developed the habit of bring him Down Syndrome. Nigerians have decided that we should destroy our best; we should all destroy the promising and best among us by bringing people down without a cause. This is just how I saw it.

“I have the report of the Senate Committee in which it was said that I didn’t resign from Rholavision Nigeria Limited. Let me tell you, Rholavision was formed by me in December 1990, and it has been a company that was run very successfully.

“Now, when I was appointed Secretary to the Government of the Federation, I resigned from that company on 18th August 2015. I can see that in their report, they are talking about 2016. I don’t know where they got their facts. “By the way, it is very instructive that when the committee was sitting, no effort was ever made to invite me to come and make a submission. It is, therefore, surprising that they devoted a whole session of today (yesterday) at maligning me, claiming what is not true without even giving me the chance to come and put my own case before them.”

Magu’s travails

The name of Ibrahim Magu surfaced in the Senate in July 2016 when his nomination by the president alongside other members of the Board of the EFCC was announced. But after the letter of nomination was announced, nothing was heard of the screening till November of that year.

Series of allegations were afoot, including suspicions that the Senate was opposed to his confirmation because he had investigated the wife of the Senate President, as well as a number of senators who were former governors. Despite the series of protests at the entrance of the National Assembly, as groups protested the delay in screening Magu, the Senate kept mute until  late November when the Deputy Senate President, Ike Ekweremadu, announced the chamber’s readiness to debate the matter.

Magu first appeared in the National Assembly on December 8 and later on December 15, for the purpose of screening. On the two occasions, the man went back empty-handed. In the first instance, he was told to return another day because of the absence of a number of Senators and on the second appearance; he was told he could not be confirmed.

That day, the Senate had gone into more than two hours of an executive session after which Magu was rejected. It was another dramatic turn of event, as the screening was virtually concluded at the closed session. Senate spokesman, Sabi Abdullahi, only came out of the session to announce to newsmen that the Senate had sealed Magu’s fate due to “security reports.”

As it later emerged, the Department of Security Services (DSS) had indicted Magu in its report to the Senate. Security reports have formed an integral part of Senate screening and confirmation processes for years now; and it was the same in this case. The Senators had reviewed the report submitted by the DSS and concluded that the adverse report would deny Magu the job of EFCC chairman.

The case against Magu

Insights into the said security report cited by the Senate indicated that the DSS had raised series of allegations against Magu and concluded that his confirmation by the Senate could be a liability for the anti-corruption drive of the present administration.

The report addressed to the Senate and dated October 3, 2016, claimed that Magu was once indicted by the Police Service Commission and removed from the EFCC over an alleged misdemeanor.

The 15-paragraph report indicated that in 2008, the DSS conducted a search on Magu’s house while he was serving at the EFCC during the tenure of Mrs. Farida Waziri as EFCC chairman. The report said that the DSS officials discovered sensitive documents, which it said were not supposed to be in Magu’s possession, adding that the development led to his detention and eventual redeployment from EFCC to the Nigeria Police.

The report further indicated that Magu was suspended by the Nigeria Police and following a report by a panel in December 2010, the Police Service Commission (PSC) found him guilty of “acting prejudicial to state security, withholding files, sabotage, unauthorised removal of EFCC files and acts unbecoming of a police officer” and awarded him severe reprimand and punishment. The DSS further stated in the report that immediate past Chairman of EFCC, Ibrahim Lamorde, took it upon himself to return Magu to the EFCC.

The report said Magu failed the integrity test and would “eventually constitute liability to the anti-corruption drive of the present administration.”

While Magu has refused to directly join issues with the DSS on the allegations, there are a number of denials out there which attempt to straighten the ‘k’ legs the anti-graft official. Some reports had indicated that the house he lives in was not paid for by the said questionable businessman, while some persons have spoken in favour of his integrity. But the Senate hinged its rejection of the Acting EFCC chair on the report submitted to it by the DSS, thus sparking off a huge uproar in the polity. Commentators have since remained divided on what is to be done.

The chairman of the Presidential Anti-Corruption Committee, Professor Itse Sagay, was one of the first to condemn the decision in the Senate. Some activists, including Mr Femi Falana (SAN) have also followed the same path.

They appeared to have been enamoured recently when the Senate Leader, Senator Ali Ndume, announced to State House correspondents that Magu’s fate was not sealed yet. But Senate spokesman, Sabi Abdullahi, again, addressed Senate Correspondents a day after to insist the red chamber had taken its decisions on Magu.

Indeed, after the more than two hours in an executive session, the Senate actually voted on Magu’s matter in an open session. Senate President, Bukola Saraki, had put the question to his colleagues whether the rejection of Magu was the “true reflection of what transpired at the executive session,” and the answer was ‘aye’ without a ‘nay.’

The Senate versus the Presidency?

Just like the case of the SGF, Babachir, the case of Magu is another issue that puts the Senate (legislature) in direct conflict with the Presidency (executive).  Whereas Babachir had taken a swipe at the Senate, even though only an interim report has been unveiled in the Senate so far, the case of Magu appears to have been concluded.

Already, the Senate has constituted a Committee to investigate the attack on the chamber, which was reported in the media and credited to Babachir. The Presidency has also instituted a probe into allegations against the SGF and Magu. But in the meantime, the Presidency has said that Magu would remain in acting capacity at the EFCC. The question now would be, what can the lawmakers do if the Presidency refuses to corroborate its report and instead, retain the two officials in office? Are the lawmakers hamstrung? Not really, said some National Assembly watchers.  A senator pointed attention to Section 157 of the 1999 Constitution as amended, which empowers the Senate to pass a resolution supported by two-thirds majority to seek the removal of a chairman or member of a Federal Executive body following cases of misdemeanor or infirmity of mind or body.

The Senate, in 2003, was at the verge of invoking such powers in 2004, when it had a brush with a former Minister of the FCT, Mallam Nasir el-Rufai, but then President Olusegun Obasanjo, wrote the chamber to pacify the members.

But National Assembly insiders have said that the Senate could invoke its powers as stated in Section 157, or refuse to appropriate funds for the affected agency, in this case, the EFCC.  If that happens, the smooth running of government could be at risk, especially as one of the targets of Senate’s anger is the SGF.