Senators speak as Buhari takes anti-graft war home

The Presidency, on Wednesday, announced the suspension from office of the Secretary to the Government of the Federation (SGF), Babachir David Lawal, over his alleged links with the N200m contract awards at the Presidential Initiative on North East (PINE). Is this the beginning of an all-encompassing war? Group Politics Editor, TAIWO ADISA, reports.

Clear messages with diverse dimensions were embedded in the singular action of President Muhammadu Buhari suspending the Secretary to the Government of the Federation (SGF), Babachir David Lawal and the Director General of the National Intelligence Agency (NIA), Ayo Oke, on Wednesday.

First, the president sought to re-enact a chubby relationship with the Senate by admitting he recognised the interim report of its Ad-hoc Committee on Mounting Humanitarian Crisis in the North East which recommended the sack and prosecution of Babachir over his involvement in the alleged mismanagement of funds under the Presidential Initiative on North East (PINE). The Senate ad-hoc committee, headed by Senator Shehu Sani, had indicted Babachir Lawal of awarding contracts to his company and allegedly taking undue advantage of the provisions for contracts awards in emergency situations to flout rules and regulations. It had recommended and the Senate also approved that Babachir should be held responsible for the infractions of the PINE, especially as it further linked his company, Rholavision Engineering, to the infractions.

Secondly, the president is telling the nation not to swallow the submission in his letter of January 17 clearing the SGF of any wrong doing hook line and sinker. He is also telling Nigerians that he was not only ready to use insecticides to fight corruption outside the corridors of power, but also extend the same treatment to insiders in government. Senator Sani had, in January, released a riposte which went viral on Buhari’s clearance of the SGF that the president was using deodorant to fight corruption within his government, while using insecticides to fight the same in the judiciary and the legislature.

On December 12, 2016, the Senate had adopted the report of its ad-hoc committee on the humanitarian crisis in the North East and resolved, in a widely adopted resolution, that Buhari should immediately sack Babachir Lawal, investigate and prosecute him for infractions that took place in PINE. The committee discovered that while the PINE spent only N50 million to feed the Internally Displaced Persons (IDPs), it spent the sum of N200 million clearing what it called evasive plant species in Yobe State and parts of the North East. Incidentally, officials from Yobe who testified before the committee declared that no such species were cleared in the state.

Senators react

Will the presidency turning a new leave positively affect the relationship between the Senate and the executive? That is a question that would be answered going forward, but some lawmakers are already giving some green lights.

Chairman of the Senate Committee on Local and Foreign Debts, who also chaired the ad-hoc Committee on the Mounting Humanitarian Crisis in the North-East, which indicted the SGF, Senator Sani, said the president’s decision was commendable.

“We received the report of President MuhammaduBuhari’s action on the Senate Committee report on the humanitarian crisis in the North East investigation into the activities of the PINE. It is commendable that the president has taken the Senate committee report and recommendations seriously.

“The sword of truth is not just cast and sharpened for the neck of foes, but also for those of friends. Moral gallows is not just meant for a belligerent foe, but for a perfidious friend. Courage is dispensing justice; greater courage is dispensing justice against our emotions and temptation towards saving a friend. It is easier to annihilate an adversary for a heap wrong than reprimand a friend for a mountain of wrong.

“It is commendable for the president to heed the call to fumigate the throne of lice and bugs with the same ability he goes after rodents afar. The Senate and the committee have nothing personal against the SGF or any person affected, but we simply did our job in conformity with our constitutional responsibilities and the moral calling of our conscience. We cannot jubilate because a mighty mortal is caught in the trap of his fate. We are neither saints nor angels, but we have a duty to raise a card a blow the whistle”, he said.

Chairman, Senate Committee on Power, Metallurgy and Steel Development, Senator Enyinnaya Abaribe, also commended the decision of the president to suspend Babachir and the DG of the NIA as he said, “I think the action of President Buhari is long overdue. That is my take. Once there is an allegation of impropriety at that level, there was no point making it linger for such a long time.”

Chairman of Senate Committee on Petroleum, (Downstream), SenatorKabiru Marafa, also described the suspension as a step in the right direction, adding that the decision would boost the confidence of Nigerians in the president.

He said: “The suspension of the SGF is a step in the right direction for the administration of President Buhari. It goes to show that the confidence Nigerians have in him is not abused. It means there is no sacred cow in President Buhari’s administration.

“The SGF had to step aside for him to be investigated. Nobody is saying that the SGF is guilty. But in the principle of fairness, he had to step aside for a proper investigation to be carried out. At the end of the day, the report of the investigation will be submitted to President Buhari for deliberations and consideration. That is when we will know the actual punishment. It is a bright day for democracy in Nigeria.”

The statement, by Special Adviser to the President on Media and Publicity, Femi Adesina, also affirmed the suspension of the Director-General of National Intelligence Agency (NIA), Ambassador Ayo Oke. Oke was suspended in connection with the discovery of large amounts of foreign and local currencies by the Economic and Financial Crimes Commission (EFCC) in a residential apartment at Osborne Towers, Ikoyi, Lagos which he claimed belonged to his agency.

The statement, which indicated that a thorough investigation has been ordered into the allegations against the duo read: “President Muhammadu Buhari has ordered an investigation into the allegations of violations of law and due process made against the Secretary to the Government of the Federation (SGF), Mr David Babachir Lawal, in the award of contracts under the Presidential Initiative on the North East (PINE).

“The president has also directed the suspension of the SGF from office pending the outcome of the investigations.

“In a related development, the president has ordered a full-scale investigation into the discovery of large amounts of foreign and local currencies by the Economic and Financial Crimes Commission (EFCC) in a residential apartment at Osborne Towers, Ikoyi, Lagos, over which the National Intelligence Agency (NIA) has made a claim.

“The investigation is also to enquire into the circumstances in which the NIA came into possession of the funds, how and by whose or which authority the funds were made available to the NIA and to establish whether or not there has been a breach of the law or security procedure in obtaining custody and use of the funds.

“The president has also directed the suspension of the Director General of the NIA, Ambassador Ayo Oke, pending the outcome of the investigation.

“A three-man committee, comprising the Attorney-General of the Federation and Minister of Justice and the National Security Adviser, headed by the Vice President, is to conduct both investigations.”

The president’s swift move on Wednesday contradicted his position in a three-page letter he sent to the Senate on January 17, in which he affirmed that the Red Chamber made a mistake by forwarding to him resolutions made pursuant to an interim report. He also faulted the resolutions in several ways in his letter read in the Senate plenary.

The president’s letter on Babachir read in part: “You may recall your letter, with reference NASS /8X/R/01/5, dated 15th December, 2016 in respect of the Senate consideration of the report of its ad-hoc committee on the mounting humanitarian crisis in the North East that conveyed the resolution of the committee as contained in Paragraph 1 subsection 8 therein which reads as follows: Babachir Lawal, having contravenes the provisions of Part One of the 5th Schedule of the 1999 Constitution (as amended), had breached his oath of office and should resign and be prosecuted by the relevant authority, S/075/02/01/16.

“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 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 Abdullahi, Senator Mallam Aliu Wakili and Senator Isaac Alfa. (He omitted the name of committee chairman, Shehu Sani).

“The review of the interim report shows that the interim report was only signed by only three out of the nine members namely, Senator Solomon Adeola, Senator YahayaAbdullahi and Senator Isaac 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.

“I have also observed that the Senate ad-hoc interim committee report and the votes and proceedings of the Senate have not, in its own right, establish that Babachir Lawal was ever given an opportunity to appear before the committee and defend himself.

“It is also on record that company linked to him, Rholavision Engineering Limited, was also not invited at any time 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, barring other consideration that may arise as a result of subsequent investigation of 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.

“In replying on the foregoing, I am not able to approve the recommendation to remove and prosecute Lawal on the basis of the Senate ad-hoc committee report dated 15th December, 2016.”

Senator Sani and many of his colleagues descended on the presidency for sending such a letter full of misrepresentations. Sani, who immediately took the Senate floor, dropped the now popular sound bites on “deodorants and insecticides”. The senator took the floor through Order 43 (Matter of Personal Explanation), insisting that the president’s letter lied on all observations made against the committee, adding that his committee clearly observed the principle of fair hearing in handling the SGF.

“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 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 Dec. 2, 2016 and the SGF is clearly mentioned as one of those that are expected to come and 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 I. 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.

“I will say this clearly; this letter is a funeral service for the anticorruption 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. As far as I am concerned, on behalf of myself and the committee, what we did was a thorough job.

“We invited all the companies concerned; we invited the SGF and he sent us the Secretary of the Presidential Initiative on the North East. The secretary testified under oath that he is competent enough. He came with tons and tons of documents which we went through and then we came out with our report.

“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”, Senator Sani had said then.

Babachir himself did not help matters when the Senate released its report. He told newsmen in the premises of the National Assembly that the Senate was talking “balderdash.” The follow up letter from the president only exacerbated the tempo of anger within the legislature and it should not come as a surprise that the lawmakers threw out the nomination of the acting chairman of the EFCC, Ibrahim Magu, days after the adoption of the interim report. The clock appeared to have turned full circle when the lawmakers eventually withheld the screening and confirmation of Resident Electoral Commissioner (REC) nominees in March.

Is this the beginning of the end for Babachir? That is another million dollar question. Considering the fact that the position of SGF is a political one with high velocity of influence, it may be difficult to have a second coming after such suspension. But Babachir really sounded confident when accosted by newsmen after the suspension as he asked “who is the presidency?” He had in previous media interviews declared himself a member of the power cabal. Whether his influence would save him of the eventual hammer remains to be seen.