Demonizing Babachir Lawal, By Sufuyan Ojeifo
“We are victims of our actions; our destinies are controlled by the cosmic rolls of the dice, the whims of the stars and the vagrant breeze of fortune that blows from the windmills of the gods.”- H.L. Detridge.
The above lines came to mind on Wednesday, April 19, after the Presidency suspended the Secretary to the Government of the Federation (SGF), Mr David Babachir Lawal, from office pending investigation into the allegations of violations of law and due process in the award of contracts under the Presidential Initiative on the North East (PINE).
Within fourteen days from the date of his suspension, the committee headed by the Vice President, Professor Yemi Osinbajo, will investigate the allegations against him and submit a report of its findings and recommendations to President Muhammadu Buhari. The crux of his offence – influencing the award of N220 million grass-cutting contract to his company, Rholavision Engineering Limited, by PINE – is public knowledge.
The propriety or otherwise of the contract award, a fact which was unearthed by the Senator Shehu Sani-led Ad-hoc Committee on the Mounting Humanitarian Crisis in the North East, as well as the recommendations of the committee, which the Senate passed into a resolution that Lawal should be removed from office and prosecuted for abuse of public office, has been a subject of heated debate.
Given the anti-corruption stance of the Buhari administration, the popular expectation was that Lawal would be immediately suspended from office and steps taken to investigate the allegations contained in the report of the Senate to the president, dated December 15, 2016, as the administration has just done. Rather, the President in his January 17, 2017 reply to Senate President, Bukola Saraki, discountenanced the resolution and advanced reasons for his action.
Remarkably, the President faulted the procedures adopted by the Senate as inherently deficient. One of his fundamental arguments was that only three of the nine members of the committee signed the report, which rendered it, prima facie, a minority report “as against a final report which ought to have been presented to the Senate in a Plenary for adoption as a binding and final report before submission to the Presidency given the weight of allegations made in the report.”
Another argument by the President was that the Senate Ad-hoc Committee Interim Report and the votes and proceedings of the Senate have not, in their own right, established that Lawal was ever given an opportunity to appear before the committee to defend himself; ditto Rholavision Engineering Limited, which was linked to him.
Read the President further: “You are invited to note that non-application of the principle 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 the principle of rule of law as enunciated in the Nigerian legal system as well as the rules 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.
“In the light of the foregoing, I am not able to approve the recommendation to remove and prosecute Engineer Lawal on the basis of the Senate Ad-hoc Committee Report dated 15th December, 2016.” The simple and unambiguous inference from Buhari’s letter, in my own words, is that “I am ready to do the needful – remove and prosecute Lawal – if the conditions precedent, to wit: fair hearing and compliance with the Senate Rules, are met.”
Even though, it is not clear if the Senate Ad-hoc committee undertook further investigation of the matter and consideration of the issues involved, yet Lawal’s scandalous involvement in the contract award, through his company, has been sustained in the public psyche, thus becoming a sore point in the Buhari administration’s anti-graft war.
That the third highest public office holder in the executive branch has been insinuated into such a scandal is an issue that should not be treated lightly let alone when the Senate has entertained and investigated concrete allegations and returned a guilty verdict against him. It, thus, becomes inconceivably suicidal for an administration, whose leader is perceived to have zero tolerance for corruption, to have, so it seems, attempted to sweep the sensitive matter of abusive of office under the carpet.
The administration runs on a tripod of the executive, legislature and judiciary. Nigerians have seen how the executive, which has been accused of protecting its officials who are allegedly corrupt, has taken the anti-corruption battle into the enclaves of the judiciary and the legislature, charging judges and the senate president with breaches of provisions of the law and other extant rules before the courts and tribunal.
Perhaps, a reappraisal of its disposition to the anti-corruption war especially within the executive ambit was at the bottom of the sudden volte-face on the Lawal saga. Perhaps, the administration has realised that it is losing its massive goodwill and floundering in the anti-graft war on account of its seemingly selective prosecution of corruption cases. Perhaps, in the circumstance, it has decided to seize the initiative to do the correct thing even if the Senate has not been able to perfect the modus operandi for Lawal’s indictment.
This is the time to retune the anti-graft war. The Osinbajo-led investigative committee may be the game changer. It is saddled with a historic task, the outcome of which may make or mar the anti-corruption war. But given his pedigree as Senior Advocate of Nigeria (SAN) and pastor, Osinbajo should be guided by the spirit and letters of the law, morality and fear of God in the discharge of this tricky assignment. Corruption, its whiff and tendencies are the foci of investigative attack here and not an individual, his ethnic or religious affiliations, lest people begin to give the exercise a religious undertone.
It is somewhat sardonic and unfortunate that Lawal is the one caught right in the eye of the storm and with his hands in the cookie jar of abuse of public office, hence becoming a victim of his action. It could have been anybody else. Indeed, what has crystallised is nothing but the fall of Babachir Lawal, a denouement of sorts. It would not matter whether or not he survives the inquisition.
By being a subject of executive investigation, he has donned a badge of dishonor as the first occupant of the position of the SGF to be suspended and investigated for alleged abuse of office in the recent annals of Nigeria’s public administration. But more importantly, Lawal’s debacle will prove salutary to Buhari’s anti-corruption war: that the administration does not have sacred cows; and that if the SGF could be suspended and investigated, the ministers, especially the “super” ministers, should not be conceited.
- Mr Ojeifo contributed this piece from Abuja via ojwonderngr@yahoo.com [myad]
Fraud In Turkey’s Referendum And Possibility Of Renewed Violence, By Michael Rubin
On Sunday, Turks streamed to the polls to vote in a referendum on constitutional amendments which, if passed, would fundamentally alter Turkey’s system of government and essentially institute a dictatorship. In practice, there would be no separation of powers, with the president controlling the judiciary and able to absent himself and his cabinet from any oversight on the part of the legislature.
Initially, the Turkish press reported a lopsided victory in favor of the new government but, as the hours passed, the “Yes” margin of victory narrowed. Even though the official result has yet been announced, President Recep Tayyip Erdogan declared victory.
Put aside for a moment that the state-controlled media would not give significant airtime to opposition and Erdogan’s police force and personal militia harassed and jailed opposition campaigners. Also ignore for a moment that “state of emergency” which gave Erdogan dictatorial rights to jail opponents, tens of thousands of whom are in prison without trial and so had their votes denied.
The problem goes beyond an unfair campaign to outright fraud:
Article 94 of Turkey’s Election Law states that election tabulators cannot count envelopes and votes inside not carrying the official stamp of the election. The rule was enacted to prevent ballot-stuffing. Yet, an hour after the ballot boxes were opened, the High Electoral Council reversed its decision.
Then, in Turkey’s southeast where the Kurdish Peoples’ Democratic Party (HDP) dominates, observers were removed from the balloting room for “security reasons” so only the government-appointed officials in the room counted and tallied results. Fraud in this process alone may have changed the results. This isn’t just theoretical: In Urfa, multiple videos emerged showing ballot stuffing.
The Republican Peoples Party says it is filing objections involving 2.5 million votes. If only one-fifth of that total changes, the final result will change as well.
Erdogan may claim victory, but Turkey is dangerously divided. Those who opposed constitutional amendments affirming Erdogan’s dictatorship will not recognize the legitimacy of Erdogan and his new government. Nor, frankly, should they. The fight may very well turn violent. Any loosening of police repression will result in street clashes. The Kurdish insurgency will redouble as they see themselves disenfranchised. The Turkish military, purged of its top officers and experience, will be unable to counter the Kurds leading to the effective loss of Turkey’s southeast. Then there’s Islamic State terrorism, which Erdogan has been powerless to prevent since he fired and imprisoned his top counterterror technocrats in favor of political sycophants.
Erdogan may believe himself king, but he will likely preside not over a Turkish renaissance, but rather over a bloodbath.
Michael Rubin (@Mrubin1971) is a contributor to the Washington Examiner’s Beltway Confidential blog. He is a resident scholar at the American Enterprise Institute and a former Pentagon official. [myad]