PRESIDENT Muhammadu Buhari, on Tuesday, sought confirmation of the acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, as substantive chairman of the anti-graft agency.
The president also cleared the Secretary to the Government of the Federation (SGF), Babachir David Lawal, of corruption allegations.
Buhari, in the two letters on Magu and Babachir, dated January 17, 2017, asked the Senate to reconsider the rejection of Magu by the lawmakers.
He also pleaded with the Senate to rescind its earlier motion calling on him to sack the SGF over allegations of misapplication of funds allocated in respect of the Presidential Initiative on the North East (PINE).
The situation became tensed in the red chamber after the Senate President, Dr Bukola Saraki, read out the letters.
Buhari had, in the letter in support of the embattled SGF, accused the Senate of witchhunting Lawal, adding that the SGF was not given fair hearing by the chamber.
He said the report, being an interim one, should not have been forwarded to him, because it had not been debated and a final report adopted and submitted by the Senate.
The Senate had, on December 13, 2016, received a report of the ad hoc committee on humanitarian crisis in North-East, headed by Senator Sani, indicted the SGF over an alleged N200 million contract scam awarded to his private company (Rhola Vision).
Buhari, in the letter to the Senate, said “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 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 Engr. 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.”
Buhari, who in the letter omitted the name of the committee chairman, Shehu Sani, while reeling out names of members, said “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.”
He also said the ad hoc committee of the Senate did not given Lawal an opportunity to appear before it to defend himself.
“It is also on record that company linked to him, Roller Vision Engineering Limited, was also not invited at anytime before the committee to defend itself 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 baring other considerations that may arise as a result of subsequent investigation of Engr. 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,” the letter read.
Senator Shehu Sani, who rose to the floor through Order 43 of the Standing Orders after the letter was read, insisted that the submissions of the president on the SGF was a death knell on the anti-corruption drive of the administration, adding that the letter was full of inaccuracies.
He said the principle of fair hearing was observed to the limit by the committee, adding that the SGF was invited to the meeting and was represented by the secretary of the presidential committee.
“The committee invited the SGF and the letter was acknowledged by the permanent secretary in the Office of the SGF, Mr Aminu Nadehu.
“To make sure that we buttress our point, we made a paid advert in three or four national dailies: this one was published on December 2, 2016 and the SGF is clearly mentioned as one of those that are expected to appear before the National Assembly.
“If they have the intention of simply reaching a pre-determined conclusion by covering up on the issues raised by the committee, that is one thing.
“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 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 sign, 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 myself.
“I know I am not very big in frame but I believe my name shouldn’t have been omitted. This shows clearly how the SGF and his minions in the Presidency misinformed the President to sign this letter,” he said.
He asked that if the report of the committee would not be acceptable, “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.”
While briefing the media after the plenary, Senate spokesman, Senator Aliyu Sabi Abdullahi, sai the Senate was standing by its earlier resolution on the SGF.
He also said the chamber would process Magu’s fresh nomination through the normal legislative processes, adding, however, that the Senate was not unmindful of the fact that President Buhari, in his letter, did not address the issues raised in the security report submitted to the Senate by the Department of State Services (DSS).
Senators in fresh bid to stop Magu’ confirmation
It, however, emerged on Tuesday that the senators remained determined to stop the confirmation of Magu as substantive head of EFCC.
It was learnt in the Senate that lawmakers, who expressed misgivings to his nominations at an executive session held early on Tuesday, said his confirmation would dent both the Senate as an institution and the DSS, which had earlier rejected the nominee.
Investigations in the Senate confirmed that senators were already unhappy with the re-nomination, especially when the issues raised in the security report that indicted Magu had not been thrashed out.
The discussions on Magu, which started at the weekend. were also repeated at the closed session according to sources who told Nigerian Tribune that the lawmakers would be tactical this time around.
“This time, Magu would be asked to go through the legislative process of screening but the Senate would reserve the final decision,” a senator said.
It was also gathered that the lawmakers had concluded arrangements to summon the Director-General of DSS, Lawal Daura, who would be asked to clarify the security report dated October 3, 2016.
President Buhari, in a letter dated January 17, 2017 and addressed to the Senate President on the confirmation of Magu, had said he had taken time to hear from Magu on the allegations.
He, however, did not state his interactions with the DSS which wrote the report.
“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 October 3, 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,” Buhari wrote in the letter.
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