Nigeria political

Femi Aderupatan:Ex-NBA president charges EFCC to probe Obasanjo

FORMER president of the Nigerian Bar Association (NBA), Chief Wole Olanipekun SAN has tasked the Economic and Financial Crime Commission, (EFCC) to investigate the  former president, Chief Olusegun Obasanjo on how he managed the nation’s resources during his eight year rule as the  president of the country. Olanipekun in an interview with newsmen at Ilawe Ekiti  week- end at a civic reception organised for Mr Dele Adesina (SAN) who has just been elevated to the rank of Senior Advocate of Nigeria, blamed the mode of operation of EFCC.

The Senior Advocate of Nigeria said there was no more justice in Nigeria, wondering why some past governors are being arraigned for ‘minor offences’, while the president who presided over the affairs of the whole nation, where  there were proven cases of sharp corrupt practices in some federal departments and ministries was let-off the hook.

"Honestly, Obasanjo should be arraigned, if some governor who have committed minor offences are being chased about by EFCC.
"If people like Chimaroke Nnamani are being arraigned for establishing a private university, which was at that time  comatose, and nobody has seen nothing wrong with Obasanjo who equally established his own private university with all the state of the arts equipment and facilities, surely there is something inherently wrong with our judicial system, and this calls for a quick review", he declared.

"I am not a counsel to Fayose, but the man is being arraigned for the sum of N1.3 billion poultry project, nobody has taken the pain to investigate whether certain percentage of work has been done in the different sites of the poultry project.

Olanipekun who is also a principal counsel to the president, Alhaji Umaru Musa Yar’Adua said  the former minister during the regime of Obasanjo, Mr Femi Fani-kayode had at a time disclosed that a sum of N30million was being made on daily basis in Obasanjo’s Farm at Ota, noting that it was no more a secret that the farm had collapsed when Obasanjo was in prison.

"Have we investigated Obasanjo’s Farm, this farm had gone moribund, while he was in prison, where did he get money to revamp it shortly when he became the president", he asked.

Femi Aderupatan:N3.5bn scam: Obasanjo’s daughter received Jeep as PR – Firm

The mind-boggling contract scam involving Senator Iyabo Obasanjo-Bello, daughter of former president Olusegun Obasanjo, has taken another dimension with the allegation that she received a Toyota Land Cruiser as bribe to help secure contracts in the power sector.

This is coming as an Abuja based legal practitioner, Barrister Kayode Ajulo has disclosed that Senator Obasanjo-Bello risked a five-year jail term if convicted of the allegations of felony against her by the Austrian company, which accused her of corruption.

An Austrian firm, M. Schneider GMBH & Co, had alleged, in its petition to the Presidency, the Economic and Financial Crimes Commission (EFCC) and other anti-corruption agencies complaining about what it described as “Obasanjo-Bello’s fraudulent, corrupt and criminal nature.”

Some of the exhibits attached to the petition contained vital information to the effect that a gift of Toyota Jeep was offered to the senator by one Prince Albert Awofisayo, a Lagos businessman as public relations (PR) so as to secure a contract through her.

The vehicle, which was eventually bought from Elizade Nigeria Limited was delivered to Dr. Iyabo Obasanjo, No. 383 Agege Motor Road, Mushin, Lagos with a letter of delivery signed by Tunde Fagbolagun.

The quotation and proforma invoice from the car company, referenced, Saju-001, gave the description of the vehicle as Toyota Land cruiser VX AHC Patrol engine, automatic transmission, leather seat, power steering, central door lock, wood finish A/C cool box, airbags, roof ral sun proof, double extra tyre, ABS, radio/cassette CD player, alloy wheel with side step.

A Union Bank of Nigeria Plc cheque of N11, 660, 00.00 was issued in favour of Elizade Nigeria Limited at its Abuja branch, at UAC building on November 15, 2005 and the vehicle, with Engine no. 2UZ-9151608 and Chasis No. JTEHT05J302086528, was delivered to Iyabo Obasanjo at No. 383, Agege Motor Road, Mushin, Lagos with a covering note signed by Tunde Fagbolagun, an assistant manager (delivery) of Elizade Nigeria Limited on November 25, 2005.

It was revealed that when the Austrian firm was approached to buy the vehicle for Iyabo Obasanjo-Bello as “PR,” by Albert Awofisayo, the company turned down the request on the grounds that Awofisayo should be responsible for such gesture.

In a note to Albert Awofisayo on the subject matter, the company noted: “Dear Albert, sorry, but we are not in position to satisfy this request. We have many obligation to fulfill along with the project. PR is yours.”
The N3.5 billion contract scam was blown open following a letter written by M. Schneider and dated 3 August 30, 2007, which was delivered through DHL to the EFCC, the office of President Umar Musa Yar’Adua, Austrian ambassador, Attorney-General of Federation and Minister of Justice, chairman, Senate, Committee on Ethics and Privileges, chairman, ICPC and the chairman of Code of Conduct Bureau.

Signed by Andreas Altenhuber, the petition further revealed that the EFCC had, sometime in 2006, conducted an investigation involving directors of M. Schneider Energy Nigeria Limited.
“The underlying dispute culminated in our being frustrated out of Nigeria after investing in excess of one million Euros. This resulted in litigation in different jurisdictions. One of the proceedings will be before the International Chamber of Commerce Paris on 3rd and 4th September, 2007,” the firm said.
The company claimed that it attached a copy of the court papers and other exhibits in the letter to the commission to substantiate various allegations against the senator.

“Contained therein are allegations of a fraudulent, corrupt and criminal nature involving Senator (Mrs) Iyabo Obasanjo-Bello (alias Damilola Akinlawo) then serving as a commissioner with Ogun State government and which concealment of her identity, in our view, was driven by the sole consideration of shielding her father, the former president of Nigeria, from being perceived as having breached relevant laws in the award of power projects indirectly to her daughter,” it said.
The company stated that the hearing of various cases on the matter has the potentials of placing the Federal Government in bad light before the international community.

It said: “We would therefore be grateful, without prejudice to the judicial process, if you would kindly cause your commission to investigate same with a view to ascertaining whether your enabling laws or any other related Nigerian laws were broken by Senator (Mrs) Iyabo Obasanjo-Bello, acting either for herself or on behalf of the then president.”

The documents also listed details about Iyabo Obasanjo-Bello’s trips to Austria, narrating how she joined Prince Awofisayo in Singapore after her trip to Jakarta, Indonesia in February, 2006.
When contacted by a national newspaper over the contract scam both Dr. Iyabo-Obasanjo Bello and Prince Albert Awofisayo had described the allegations as false and an attempt to tarnish their image. Senator Obasanjo-Bello said she was not directly involved in the business.

She said: “I know Prince Awofisayo. Sometimes ago, he invited me to be part of a business he wanted to do. Some of these proposals work, other times they don’t. Prince said I should not worry, that he would fund the entire project. I told him since I was a commissioner it could raise issues of conflict of interest. We agreed to go into the business all the same. Prince formed a company and did all the ground work.

We agreed that I should use a different name, yes, because in law there is nothing, wrong with that…”
On his part, Prince Awofoisayo said he was out of the country but would speak on the controversy as soon as he returned. He said the Austrian company had resorted to blackmail because of its failure to prove its case in a court of law.

Meanwhile, an Abuja based legal practitioner, Mr. Kayode Ajulo said Dr. Obasanjo-Bello risks a five-year jail term if convicted of the allegations of felony against her.
In a statement in Abuja, the lawyer said: “The macabre expression and approval of misdeed of misdemeanor by the first daughter of the erstwhile President (General Obasanjo), the one-time commissioner of Ogun State and presently the distinguished Senator of Federal Republic of Nigeria, Senator Dr. Iyabo Obasanjo-Bello aka Damilola Okanlawon, disguised nothing but an admittance of guilt of impersonation, corruption and to cover up palpable commission of crimes.

“Although her spin-doctors and fellow voyagers may delude her and equally want Nigerians to lap into the distorted conjecture that she is not liable for criminal misdeed, it is pertinent to point out that Section 484 of Criminal Code, Laws of the Federation provides that: ‘Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a felony, and is liable to imprisonment for three years.’

“Bearing in mind the novelty and inventiveness of her misdeed as those she falsely represented in this instance are allegedly her sister (Damilola) and mother (Ms. Okanlawon) vis-à-vis the fact that at the time of the commission of the crime Dr. Iyabo was a serving commissioner in Ogun State, holding a position of public trust and bound by provisions of Code of Conduct rules, Public Officers rules and other related statutes.

It is therefore indispensable that to appreciate the full weight of her criminal liabilities, a combined reading of the provisions of Chapter 2 of the 1999 Constitution, Public Officers Rules, ICPC and EFCC Acts will reveal an imposing commission of offence sanctionable by our laws.
“Section 15 (5) of the Constitution provides thus: ‘The State shall abolish all corrupt practices and abuse of powers.’

“The reasons for the impersonation are not far fetched. What else must be the reason for the daughter of a president and commissioner of health of a state to turn himself to LAGBAJA for pecunial gains?
“To circumvent the law and the system, to besmirch it, defile it and make fools out of the whole world with a full fledged premeditated conspiracy to cover up a perceptible crime.

“The theory of LAGBAJAISM as propounded by Iyabo Obasanjo-Bello PhD holds no water. It is patently cynical, contemptuously jaded, which is, in itself, a dishonoured affirmation from an apparent corrupt psyche.

“Corruption has no other name than corruption either in private business or public office and not a soul should be allowed to hide under any assumption of legality to escape chastisement.
“In the case of A.G. Ondo State Vs. A.G. Federation reported in 2002, Hon. Justice Mohammed Uwais (retd) stated the true position of the law and the mind of the Supreme Court when he held thus: ‘Corruption is not a disease which afflicts public officers but society as a whole. If it is therefore to be eradicated effectively, the solution must be pervasive to cover every segment of the society.

“One is somehow interestingly surprised by the timid position of the government and its law enforcement agencies since the receipt of the complaint against Dr. Iyabo. If the EFCC, ICPC and others are of the opinion that Dr. Iyabo has no case to answer then EFCC should, without hesitation, tender apology to Tafa Balogun, the late Maurice Ibekwe, Ade Bendel and Co. as they have no business being in prison.

“The Federal Government and her agencies should be guided by the dictum of Hon Justice Mohammed of the Supreme Court, in the above mentioned case reported in the Nigerian Weekly Law Report (Part 772) at page 347, where the noble law lord stated:

‘It is quite plain that the issue of corruption in Nigerian society has gone beyond our borders. It is no more a local affair. It is a natural malaise, which must be tackled by the government of the Federal Republic. The disastrous consequences of the evil practice of corruption has taken this nation into the list of most corrupt nations on earth…..’

The battle over which promoter has direct business dealings with an Austrian firm, M. Schneider GMBH, among CPL Industries Limited, Falcony Nigeria Limited and Akiya Nigeria Limited, which is the company of ex-President Obasanjo’s children, shifted to Paris, France as one of them, CPL Industries Limited, took the matter to the International Court of Arbitration in Paris.
The legal battle started in July last year when M. Schneider GMBH and five others instituted a suit at the Federal High Court in Abuja.

Other plaintiffs in the matter were: M.Schneider Energy Nigeria Limited, Falcony Nigeria Limited, Andreas Tenhuber, Michael Tenhuber and Olu Obikoya.

The defendants in the suit were Prince Albert Awofisayo, CPL Industries Limited Akiya Nigeria Limited (firm of Obasanjo’s children), Ms. Damilola Akinlawon and Mr. Richard Awofisayo.
However, Falcony Nigeria Limited and Schneider GMBH were said to have instituted another suit at the High Court of Lagos State, while arbitration discontinues in the one filed at the Federal High Court in Abuja.

 

Femi Aderupatan:Contract scam: Afenifere wants Iyabo Obasanjo probed

Afenifere, the pan-Yoruba socio-political group, yesterday demanded immediate probe of the N3.5 billion contract involving Iyabo Obasanjo-Bello, a senator and daughter of former President Olusegun Obasanjo.

An Austrian energy firm, M. Schneider, had alleged that the senator used false identity to do business with it in a bid to secure contracts in the power sector in Nigeria.

The company had specifically alleged that Obasanjo-Bello, then a commissioner in Ogun State, fraudulently presented herself as Mrs Damilola Akinlawon, a director in Akiya, a company owned by her and her sibling, Busola, while entering into contractual agreement with it to float a company which bidded for contracts in the power projects embarked upon by the government headed by her father.

The deal, which went awry following a disagreement over money sharing and control of the company by the parties, has been a source of litigation both in Nigeria and Austria.
The Austran company had contended that Obasanjo-Bello and Prince Albert Awofisayo, a businessman and friend to the former president, wilfully deceived it and contravened several aspects of the Nigerian law with the “sole consideration of shielding her father from being perceived as having breached relevant laws.”

Reacting to news of the scam which blew into the open yesterday, Afenifere called on the Economic and Financial Crimes Commission (EFCC) to immediately launch a probe into it.
The group noted that there has been grave allegations that while Obasanjo was president, his children could not distinguish between Nigeria and Otta farm, pointing out that: “The Austrian scandal involving Iyabo Obasanjo Bello is a confirmation of this allegation and reflected Obasanjo’s weak moral standard.”

Afenifere in a statement signed by its National Publicity Secretary, Yinka Odumakin recalled that: “There have been calls for Obasanjo’s probe in the last six months, which have been largely ignored. If Obasanjo still enjoys ‘immunity’ and cannot be brought to book for various allegations brought against him, we do not think that Iyabo has the same status. So we call on Economic and Financial Crimes Commission (EFCC) to immediately apprehend her and carry out a thorough investigation. If she is found to have committed this heinous crime, she should be charged to court immediately and be made to vacate her seat at the National Assembly.”

It added: “Since this allegation against Iyabo is just a reflection of Obasanjo’s scandalous years, is it not high time that we carried out a comprehensive probe of Obasanjo himself?

Femi Aderupatan:Fayose, Ibori to spend Xmas, New Year in prison - Fayose, Ikoyi; Ibori, Kaduna

FORMER governors of Ekiti and Delta states, Mr. Ayodele Fayose and Chief James Ibori respectively, are to remain in prison custody till January. The duo who have been accused of financial malpractices during their time as state governors, will have to stay in prison custody when others are celebrating Christmas and ushering in the New Year. Ibori would be behind bars in Kaduna prison while Fayose would be in Ikoyi prison. Following his arrest by the Economic and Financial Crimes Commission (EFCC) last Wednesday, Ibori was arraigned on a 103-count charge before a Kaduna Federal High Court which then ordered him to be remanded in the commission’s custody till Monday (yesterday) when the court would determine whether to grant him bail or not. The high court refused to grant Ibori’s bail application on Monday, ordering that the former governor be remanded in Kaduna prison until January 11, 2008. While adjourning the case till the said date, “for accelerated hearing of the main matter,” Justice Mohammed Shuaibu said that “the defence has not placed before this court sufficient material for it to exercise favourable discretion in granting bail. “The court has the discretion to grant bail to the accused or not, but since there was no material evidence provided by counsel for the accused, the oral application is hereby refused and accelerated hearing granted,” Justice Shuaibu ruled. After the ruling, counsel for the EFCC, Mr. Rotimi Jacobs, applied to the court to allow him file proof of evidence in support of the 103-count charge against Ibori and his friend, Uzoamaka Okoronkwo. Jacobs also requested to file 26 more charges against the accused. Also, former Ekiti State governor, Mr. Ayo Fayose, stunned everyone at the Federal High Court, Lagos, on Monday as he elected to be remanded in prison custody as against the custody of the EFCC. Fayose made the choice shortly after he was arraigned before Justice Tijani Abubakar on a 51-count charge of money laundering brought against him by the EFCC. Even the judge expressed surprise at Fayose's choice of custody, noting that “this is the first time I am seeing an accused person opting for prison custody.” Prosecuting counsel, Mr. Wahab Shittu, had insisted on having the accused remanded in the commission's custody on the claim that EFCC needed to have his fingerprints screened. Fayose, who was brought into the court around 10.15 a.m. and formally had his plea taken around 11.00 a.m., appeared calm all through the proceedings. He pleaded not guilty to all the charges. The charge on which Fayose was arraigned was substituted for an earlier one which his former aide, Mr. Goke Olatunji and businessman-friend, Gbenga James, were being tried. Explaining the rationale behind the decision, Mr. Shittu said the commission had decided to withdraw the earlier charge against the two and two corporate organisations owned by Mr. James (Biological Concepts Limited and Avian Specialist Ltd). He added that EFCC was withdrawing the case against the two men, and replacing their charge with that against Fayose because they contained similar facts. Fayose, in the charge , is accused of diverting Ekiti State funds estimated at about N145 million. Most of the funds was suspected to have been diverted from the state government's integrated poultry project under his administration. He was accused of using part of the diverted funds to build houses for himself in Ibadan and Afao-Ekiti. He was said to have equally bought a “Mercedez Benz car” for his mother from the money. The court rejected the oral application for bail made by his counsel. Justice Abubakar advised his counsel to come formally by filing a written application. He subsequently adjourned till January 10 next year. Meanwhile, kinsmen of Ibori on Monday disrupted vehicular movement on the ever busy Warri–Sapele- Benin road in protest against his trial. The youth from Oghara, the hometown of the former governor, took over the expressway just by the junction leading to their town and held some motorists hostage while those who had heard about the protest beat a retreat either to Benin or Warri. Nigerian Tribune observed that some of the protesting youth took advantage of the situation to dispossess motorists of their valuables. Men of the Joint Task Force (JTF), however, dislodged the protesters about 30 minutes into their protest Commander of JTF, Major General Lawrence Ngubane, confirmed the protest by the youth, but added that his men were up to the task of ensuring peace in the state. “My men were able to dislodge the youth before they could cause havoc along the expressway. Immediately we got the information about their protest, we sent security agents there to dislodge them. There is peace in the area now,” he said. back top Across The Nation Senate to approve funds for new constituencies in 2008 UN endorses Nigeria’s e-governement model Bamaiyi didn’t plan to kill Utomi, Porbeni - Witness Why I withdrew from Buhari-Atiku’s petition - Appeal Court president MEND seeks militants’ collaboration - To cripple oil industry Across The Nation Fashola presents N403bn budget Oyo swears-in new 33 LG chairmen University curriculum to be reviewed - Yar’Adua Glo begins operation in Benin Republic ‘Free surgical festival is a continuous exercise’ YCE condemns US presence in Nigeria

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Femi Aderupatan:Reps summon A-G over missing N11bn Customs revenue

The House of  Representatives Committee on Customs and Excise has summoned the acting Auditor-General of the Federation, Mr Onoriote Robert Ejenavi, to appear before it today over N11billion Customs revenue alleged to be missing.

Besides, the House Committee on the Environment has summoned the Minister of Housing, Urban Development and Environments, Mrs. Halima Alao, to appear before it to explain the management of the Ecological Funds from 2004 to date.

Meanwhile, the two Ministers of State in the Federal Ministry of Agriculture and Water Resources, Alhaji Adamu Waziri and Dr. Demola Seriki, were at the weekend stopped by the Senate Committee on Water Resources from defending the ministry’s 2008 budget proposal for water on the grounds of unfamiliarity with the projects they brought.

Reps summon Auditor-General

Part of the alleged missing Customs revenue was set aside by the Federal Government as incentive fund under Service Import Duty Plan for indigenous manufacturers.

The Committee queried the executive decision to authorise the service to operate two different accounts: Federation and Non-Federation.

Chairman of the Committee, Mr Yakubu Dogara, said: “We invited the Customs to find out under what  law, which is currently enforced in Nigeria, allows  them (NCS) to split heir account into two: federation and non-federation.

“But the explanation we received from them is that this revenue is paid into the federation account, and there is this other segment or tranche of the revenue that is paid into non-federation account.

“But if you look at the existing legal framework, there is no provision anywhere in our laws that allows the running of two separate accounts for revenues that accrue to government.

“But what the Service is telling us is that they don’t even know where this revenue amounting to about N11 billion is paid into. They don’t capture it. It does not go into any of these two accounts that I have talked about: either the Federation or Non-Federation.

“But some people somewhere are holding on to that money. We don’t know where it is. The only assurance we can give is that the House Committee on Customs and Excise will leave no stone unturned until we are able to trace where this money goes into for the number of years the policy has been there, and what has happened to it.

“If there is no Act of the National Assembly that permits the operation of the two accounts, whether there is any legislation, which is made in pursuant of any law that the National Assembly has enacted to over that.

“As legislators, we must find out where the money is. We are summoning the AGF to come and explain to us why all this is happening, perhaps next week.”

The Deputy Comptroller General of NCS, Mr. Bernard Nwadialo, who represented the Comptroller-General, confirmed the missing N11 billion to the House Committee.

The NCS boss also told the Committee that the Service was setting aside N1.6 billion for the purchase of patrol helicopters, as part of the efforts to stamp out the import and export of prohibited goods next year.

Reps summon Minister of Housing

However, the House of Representatives Committee on Environment has summoned the Minister of Housing, Urban Development and Environment, Mrs. Halima Alao, to appear before it to explain the management of the Ecological Fund from 2004 till date.

Chairman of the committee, Mr Duro Faseyi, said the minister would be expected to appear this week to throw some light on how much has been collected from the Federation Account and how much has been spent.

Senate stops Ministers of State from budget defence

Committee members led by their chairman, Senator Bassey Ewa-Henshaw, also expressed reservation over the absence of the substantive Minister, Alhaji Abba Ruma. They complained he had in the past been discourteous to the Senate Committee.

Mrs. Chris Anyanwu (PDP, Imo), a member of the Senate Committee on Water Resources also faulted the disharmony in the combined N91 billion budget package by the Water and Agriculture sectors of the ministry, branding the package as confused.

The other Senators present at the defence hearing, Suleiman Nazif and Gassol Dahiru, spoke in the same vein.

The two Ministers of State who came along with the Permanent Secretary, Prof. Oladapo Afolabi, and senior management staff of the ministry and parastatals acknowledged a history of rancour, however, but excused the minister’s absence on his poor health.

Senator Ewa-Henshaw in faulting the minister’s lack of visits to projects being handled by the ministry said: “One thing that emerged from our visits is that I am not sure of the last time that a minister in charge of Water Resources visited these various projects.

The story that we got from Kano and Hadeja is that the last minister to visit them was Alhaji Shagari,” Senator Ewa-Henshaw said last Friday.

“So, I don’t know the basis on which budgets are prepared. We take this matter seriously and the buck stops at the minister’s desk. He has ultimate responsibility. You have to go there and see what is happening and that is the only way you can defend anything before us,” he added.

“I covered about four or five states in three days, now those that are executing the projects have no excuse not to do the same or better,”  he added.

Senator Anyanwu in her own remark expressed displeasure in the operational harmony of the two sectors of the ministry. “I see confusion within this ministry. Perhaps whoever it is that came up with this idea of merging Agric and Water resources had a great idea, but if this is the reflection, it is not working.

“There has to be harmony and blending together of the two sides, it is not evident here. I think you people have to go back and organise yourselves and get your acts together and then we can sit down and talk and I hope that the minister will get well by then."

Alhaji Waziri called up past friendship with the Senators to douse the tension but it was to no avail until his colleague, Seriki called for a closed door session with the Senate Committee.

Vanguard gathered that at the end, the Senators remained unbending and consented to an adjournment till today when the substantive minister will be available to defend the proposals.

Femi Aderupatan: I’m ready for EFCC – Fayose

Former Ekiti State Governor, Dr Ayodele Fayose, on Monday restated his readiness to honour the invitation of the Economic and Financial Crimes Commission (EFCC) to clear his name in alleged financial malpractices while in office.

This is even as a Federal High Court in Lagos dismissed the request by the incumbent governor of the state, Segun Oni seeking to be joined as a defendant in a suit filed against the Inspector General of Police and the State Security Services by the former governor, challenging the moves to breach his fundamental rights.

Fayose, in a letter sent to the EFCC chairman, Nuhu Ribadu, by his lawyer, Dr Alex Izinyon (SAN), said he was still willing and now available to honour the commission’s invitation to defend himself of the corruption charges.
The letter reads: “We act for Dr Peter Ayodele Fayose, the former governor of Ekiti State and on whose instruction we write.

“You will recall our initial letter to you on behalf of our client pleading for extension of time within which our client is to honour your invitation owing to circumstances beyond his control and on health ground.
“On behalf of our client, we wish to thank you for your patience. We have our client’s instruction to inform you that he is still willing and now available to honour your kind invitation.
“You may wish, in this regard, to let us know your convenient time when you may wish to see him.
“Our warmest assurances and best regard.”

Meanwhile, the Lagos court on Monday vacated the ex-parte order granted in favour of Fayose, restraining the EFCC from arresting him.
The court also refused the joinder application by the Ekiti Sate government, in which it had prayed the court to be joined in the suit brought by Fayose against the Inspector General of Police and the State Security Service (SSS). The court dismissed the objection by SSS, asking that its name be struck out in the suit.

The court, in dismissing SSS objection, held that the applicant (Fayose) had averred in his affidavit that men of the Nigerian Police and SSS laid siege to his home in Ekiti State immediately after his impeachment and that he was only lucky to have escaped, following which he brought the application, seeking for leave to enforce his fundamental human rights against the Inspector- General of Police and the Director- General of the SSS.

He is, in the substantive suit, seeking to restrain them (Police and SSS) from arresting, harassing or intimidating him in whatsoever manner.
The court held, in its ruling, that even the SSS objection was not supported by any affidavit, saying “the 2nd respondent’s motion was not supported by any affidavit. I cannot rely on a motion not supported by fact, hence the application fails.”

On the joinder application by the Ekiti State government, the court held that the suit which was an enforcement right suit can be resolved without joining Ekiti State as a party in the suit.
Furthermore, the court said: “The court cannot restrain an agency from performing its statutory function. I hereby discharge the order of July 3, 2007 made by this court.”
The court also wondered why Fayose had not reported to the EFCC, but his counsel said that they had been in contact with the anti-graft agency and that the former would report to the commission next Monday.

The court adjourned, till December 10, 2007, further hearing in the substantive suit by Fayose, in which he is seeking to restrain the Police and the SSS from arresting and detaining him.
Fayose had, in his response to the joinder application, wondered what the state’s interest was in the case, when it neither possessed the power to arrest nor investigate him over any alleged offence. He said that the state was not a necessary party in the matter because the case was in relation to the enforcement of his fundamental human rights, which only the Police and SSS could interfere with.

 

Femi Aderupatan:Reps probe EFCC, NDLEA

THE finances of the Economic and Financial Crimes Commission (EFCC) and those of the National Drug Law Enforcement Agency (NDLEA) are to be probed by the House of Representatives.

The House’s committee on NDLEA and EFCC have summoned the authorities of the two agencies to tender their accounts and budgets in the past years.

Mallam Nuhu Ribadu, Chairman of the EFCC, is expected to appear on behalf of the commission, while the Director General of NDLEA, Mr. Lanre Ipinmisho, would present the required documents from the NDLEA.

The officials of the NDLEA are to present the agency’s accounts for scrutiny on Wednesday while it would be EFCC’s turn on Thursday.

The committee, which has just been created by the House of Representatives, is headed by Honourable Dave Salako. The probe of the two government agencies would be its first major assignment.

The committee is to scrutinise the foreign grants made to the NDLEA and the EFCC in the past years with a view to determining whether or not the grants were judiciously utilised.

The House Committee Chairman of NDLEA and the EFCC told the Nigerian Tribune that the essence of the probe was to ensure proper accountability by the two agencies which he said had been receiving regular foreign grants and allocations from the Federal Government.

The performance of the two agencies in the execution of last year’s budget would also be evaluated by the committee, according to Salako.