The Economic and Financial Crimes Commission (EFCC) has raised alarm that some fraudsters have taken over its operations by using the name of its Acting chairman, Ibrahim Magu to extort money from suspects that are under investigation.
A statement by the EFCC’s Head of Media and Publicity, Mr. Wilson Uwujaren said that the commission has not and will never mandate any individual to demand gratification from persons under investigation.
The statement said: “It has come to the attention of the Economic and Financial Crimes Commission, EFCC, that some unscrupulous individuals now parade the streets posing as representatives of the Acting Chairman of EFCC, Ibrahim Magu, and extorting money from persons under investigation, promising them a soft-landing and, in some instances, giving them assurances that their cases would be closed.
“Intelligence available to the commission indicate that some of them who are known to have relationships with the acting chairman are exploiting this knowledge to position themselves as agents of the anti-graft czar, to extort desperate suspects under investigation by the commission.”
The EFCC said that it stood by its earlier warning to Nigerians to beware of some fraudulent individuals who were using Magu’s name illegally to solicit funds.
It asked anyone who approaches them for gratification to either report to the nearest office of the EFCC or police station.
“In the recent past, the commission notified the public of the activities of some individuals who cloned the phone number of Magu, using same to illegally solicit funds. Some even opened fake Facebook accounts in the name of the EFCC boss and proceeded to use same to con unsuspecting citizens.
“But despite the alarms, it would seem that criminal minds are not deterred as their number seemed to have swelled.
“The commission, for the umpteenth time, wishes to warn members of the public not to fall for the wiles of fraudsters and scammers exploiting the good name of the acting EFCC Chairman to defraud desperate citizens.
“Mr. Magu has not and will never mandate any individual to demand gratification from persons under investigation.
“Members of the public are advised to report anyone who approaches them with a request for gratification on behalf of the EFCC Chairman, to the nearest EFCC office or police station.” [myad]
The immediate past governor of Benue State, Gabriel Suswam has described his successor, Samuel Ortom of lacking in wisdom as he has made it a cardinal duty to always blame him for everything that is happening in the state.
Suswam, in a long statement described Ortom’s mindset and approach as lacking in veracity and wisdom, considering that the people of the state are neither blind nor are they deaf that they cannot see and hear well enough to know if the governor is telling the truth in his endless accusations or merely trying to create a smoke-screen to divert the attention of the people from his own activities and performance so far in office. “Is it really true that as Governor of Benue State, I, Gabriel Suswam, did arm youths in the state with dangerous weapons and encouraged them to perpetrate violence and commit crimes, as Ortom is accusing me? It is on record that I am not a violent person and I abhor violence in whatever guise, which Ortom knows.”
Full text of the statement, titled: “Benue State is today in a better shape than I met it,” goes thus:
My attention has been drawn to a statement credited to the Benue State Governor, Samuel Ortom, and published in some national dailies, where he alleged that I had “equipped” the youths in the state with arms to perpetrate violence during my tenure in office as governor of the state. The statement quotes Governor Ortom as alleging that his administration has recovered over 600 assorted weapons, which I had given to the youths from over 800 of them, who surrendered during the Amnesty Programme, and that I and my cohorts believed in violence and could take everything by force.
I like to state here clearly that nothing could be further from the truth than these unfortunate remarks from Ortom, which clearly bear the stamp of his well-known trade mark of leveling all manner of allegations against me, since his assumption of office, no matter how bizarre, absurd and preposterous such allegations might be. But, by now, I am aware it has become obvious to the people of Benue State and even beyond that throwing accusations at me has not only become a favourite pastime of Governor Ortom, it is also a cardinal lynch-pin of his administration’s policy drive.
However, this mindset and approach of my successor, Governor Ortom, is lacking in veracity and wisdom, considering that the people of the state are neither blind nor are they deaf that they cannot see and hear well enough to know if the governor is telling the truth in his endless accusations against me, or merely trying to create a smoke-screen to divert the attention of the people from his own activities and performance so far in office. Is it really true that as Governor of Benue State, I, Gabriel Suswam, did arm youths in the state with dangerous weapons and encouraged them to perpetrate violence and commit crimes, as Ortom is accusing me? It is on record that I am not a violent person and I abhor violence in whatever guise, which Ortom knows.
A retrospective look at my political trajectory is very clear that no violent activity was perpetrated or could be traced to me unlike the records of my accusers and traducers as their kinsmen can attest to. Were security a sector one could score hundred per cent I would have scored that as governor, but that is a record that is globally being sought for. On assumption of office as governor in 2007, I had moved decisively to turn around the state of insecurity, which pervaded the state as a fallout from politically motivated violence, which wreaked havoc on some parts of the state, particularly in Kwande, Tarka and Gwer-East Local Government areas, resulting from failed local council elections in those areas, where an indeterminate number of persons were killed and many others maimed for life.
In co-operation with the Nigeria Police and the Army, rapid response security units were set up in the state, such as ‘Operation Zenda’ and the ‘Red Scarf’ which my administration funded properly with the attendant result that throughout the eight years of my reign as governor, Benue State enjoyed the status of the most peaceful and secured state within the much troubled North-Central region of the country, a ‘peace and safety haven’ which witnessed rapid influx of people fleeing violence and unrest from other states in the country.
I also initiated the setting up of cross-border security outfits with neighboring states to curb the menace of inter-state criminal elements, particularly Nasarawa State, which though was under the rule of a governor from a different political party (CPC), co-operated with me to achieve results, which till date, no security operation in any part of the country has equaled the positive results from that exercise.
Regrettably, now that both Nasarawa and Benue States are in one political party – the ruling APC – such co-operation is not there. I will not be surprised if today, Ortom blames me for the present lack of co-operation and attendant poor result. I can, today, proudly flaunt as one of the achievements of my tenure in office the fact that Makurdi during that period earned the distinction of becoming the second fastest growing city in the whole of the West African sub-region of the African continent, but before my tenure, Makurdi was never on any global radar for positive reasons.
It should also be noted that when Fulani herdsmen and their militia descended on parts of the state visiting death and destruction on whole villages and communities, with a carefully thought out framework and strategy, my administration was able to curb the menace and the peace and security status of the state and its socio-economic stability and equilibrium were not adversely affected.
Such a feat was possible through a wide-embracing process of consultations and integration of stakeholders of the Benue project, most of whom were top-rated security experts and technocrats, under a number of technical committees, such as the Gen. (Rtd) John Atom Kpera-led committee, and also the involvement of a Civilian Task Force drawn from the locals that seamlessly complemented the efforts of security agencies, and together, we were able to harness effectively internal peace and security architecture.
I like to reiterate here that the issue of the peace and security of any state is too weighty and sensitive a matter to be thrown to the pedestrian walkway of petty politics, where the major considerations are rather dangerously trivial and only capable of undermining the deeper foundations of the prosperity and wellbeing of that state. For Governor Ortom to seek to extend his endless and rather shallow blame game against me to the issues of security in the state, which flies in the face of reason and truth is an unfortunate and sad reflection of his lack of appreciation of the weight and responsibilities of the office of governor, and this is further suggestive of a basic lack of capacity on his part for such high office.
To buttress his apparent lack of preparedness for the task of being governor, Ortom even had no idea of the basic procedure for structuring his so-called Amnesty Programme, which he so loves to flaunt now, and it took the urgings of elder statesman, Alhaji Abubakar Tsav, for the governor to realise that he needed to put in place an Amnesty Committee, and this was well after the programme was purported to have gotten underway. What this strongly suggests is a lack of consultation and wide enough involvement of Benue sons and daughters, who are knowledgeable in such matters and who could bring their weight of expertise and experience to bear on such a programme for the peace, security and overall good of the state.
Unfortunately, but predictably, Ortom’s Amnesty Programme today is the sham and failure that it is, with top officials of his administration being accused of involvement in crimes under the guise of the purported programme. For the very first time in the history of this state, a governor’s top security Aide has been assassinated and the accused culprits are members of the governor’s kitchen cabinet, yet he is apparently incapable of reining in his appointees.
The implication here is that Governor Ortom, as the supposed Chief Security Officer of the state, is not in control of the security apparatus of the state, and does not, therefore, have the authority over certain individuals and vested interests, and this reflects a bigger security menace than could be imagined in a modern society which is presumed to be operating on the principles of rule of law and order. Is it Gabriel Suswam, who is responsible for all of these? The answer is obvious to all.
As governor, I did my best possible within the limits of resources available to me to ensure the security of the lives and property of citizens of Benue State, and to guarantee for them, an atmosphere of peace within which to pursue their endeavours. I did not arm any individual or groups with weapons of any sort neither did I encourage violence or criminality in any form, both in my private and official capacity. There is no record or proof anywhere to buttress these allegations of Governor Ortom that I did arm criminals with dangerous weapons. My regret now is that the honour, respect and clout my administration restored on the Benue man has been thrown to the gutters.
This is clearly yet another of the governor’s wild and baseless accusations against me, and the intention is yet all the more glaring, that he is desperately in need of something to divert the attention of the world away from non-performance and the serial scandals rocking his administration, from assassinations within his kitchen cabinet to, according to ICPC, embezzlement of workers’ salaries and loans, to lately, indictment of his regime by anti-corruption agencies, and the arrest and detention of government functionaries and his cohorts by the EFCC on charges of fraud. Governor Ortom is evidently having the worst of times as the leader of a failing administration, one which is being daily exposed in the eyes of the world for its fraudulent character. He is, therefore, a desperate drowning man clutching at straws in the form of those unfounded allegations against me.
But I urge the governor to pull himself together and go back to basics. Being governor entails much more than just riding about in motorcades blowing sirens. It demands clear-headedness and an open mind targeted more towards the larger goal of the pursuit of the good of the majority of the people. No governor can succeed in office by being a mere stooge and a willing pawn in the hand of some god-father, who has no ambition in life other than to lord it over fickle-minded people and imagine himself a mini-god.
I left Benue State in a much better state of peace and security than I met it, and it is my advice to Governor Ortom to strive with all the resources at his disposal to improve on my legacy. This is the only way government will always derive its legitimacy – to improve on the existing standards at any given point in time, and by so doing ensure the continual progress and development of society. On a last note, performance is needed to endear you to the people; blame-game can only buy you time. Once more, Ortom, roll up your sleeves and go to work. [myad]
Former National Security Adviser (NSA), retired Colonel Mohammed Sambo Dasuki has accused un-named top level leaders in government of revenging against him for the perceived past grievances.
Dasuki, through his lawyer, Mr. Joseph Daudu, (SAN), told a Federal High court in Abuja that he is being punished by some persons at the highest level of power in the country for perceived grievances held against him while in active military service many years ago.
Dasuki said that the punishment being meted out to him was unfortunate having been borne out of mere vendetta, adding that he has rested his case in God for the ultimate judgment.
“It is crystal clear that the defendant (Dasuki) is being punished by the powers that be for the perceived offences committed long before. We leave them to the Almighty God for his ultimate judgment.”
Dasuki had been arraigned before three different high courts for various allegations and was granted bail but was rearrested in December last year by the Federal Government and has since been held incommunicado.
At the resumed trial on Thursday, the Federal Government had approached the court, seeking secret trial of Dasuki who is facing charges of unlawful possession of firearms, money laundering and breach of trust. [myad]
The minister of the Federal Capital Territory (FCT), Malam Muhammad Musa Bello has said that by the time he leaves office after his service, Abuja will be better. He acknowledged though that Abuja is a difficult city to develop because of so many contending interests and forces, but that such would not make him to loose focus. The minister spoke on Thursday evening when he hosted the media team working in the FCT and media executives of various media organizations to the breaking of Ramadan fasting at his Life Camp residence, Abuja. Muhammad Bello acknowledged the support which media men and women have given him in the efforts to develop Abuja to international standards, even as he appealed to them not to relent. He particularly appreciated some media executives who have been there for him since 2006 when he started his public sector service, adding that whatever he becomes, he would not forget them. The minister called on all the stakeholders to intensify effort together on the task of transforming the city. Some of those who attended the breaking of Ramadan fast with the minister are the Deputy Editor in Chief of Daily Trust, Mahmud Jega; Chief Operating Officer of Peoples Daily, Ali M. Ali; Editor-In-Chief/CEO of the Greenbarge Reporters, Yusuf Ozi-Usman; executives of the Nigeria Television Authority (NTA), Federal Radio Corporation of Nigeria (FRCN), Radio France (Hausa Service), Voice Of America (VOA), News Agency of Nigeria (NAN) among others. [myad]
Ayodele Fayose is one of the most popular political figures in Nigeria today. Not just because he is the Ekiti state Governor, but that he is one of the lone voices left to carry the cross of the erstwhile ruling People’s Democratic Party (PDP). Mr. Fayose has taken it as his as his unpaid job to lead the opposition to the all Progressives Congress (APC) administration at the Federal level. Since he took over his new role as the unofficial opposition leader, he has always been in the news, in many cases for the wrong reasons. If he is not insulting President Buhari, he probably is involved in not-so-noble activities like visiting China to speak to an imaginary audience on trade and investment. Even if the news does not find Fayose, Ayo will find the news. In some cases, Ayo will deliberately pay a full front page advertorial to celebrate the obituary of a living person. It can sometimes get go bad than Fayose, like the former Ugandan dictator Idi Amin Dada, suddenly have a “dream” and go pay for a full page advert to release his “prophecies”. Some days ago, Uncle Ayo, noticing his public ranking is on the low, caught the eyes of the media again. He went on strike, not because anyone owed him salaries, but because state workers are demanding their several months’ emoluments. To distract his people’s attention away from their problems, he saw that the Wife of the President, Aisha Buhari is too quiet to comfort, decided to pitch a battle with her. Like his media team came up with a “medical report” from a fictitious Ahmadu Bello Teaching Hospital (not the one in Zaria, maybe the one in Ikogosi), that General Buhari was ridden with cancer, hence ineligible to run and to validate one of his “prophesies”. He told us that one Aisha Buhari Muhammadu who is wanted for her role in the US Congressman William Jefferson’s bribery scandal for which the American lawmaker was convicted in 2009. The rest, as they say, is history! Mr. Fayose had on some days ago accused the Economic and Financial Crimes Commission (EFCC) of acting illegally in the case of the freezing of his Zenith Bank account. His primary argument was that since he enjoys constitutionally-guaranteed immunity from prosecution, as a siting governor, he is “immune” from investigation or probe by virtue of Section 308 of the 1999 Constitution. It only shows how things are improving for Governor Fayose. Let us forget that he once reportedly slapped a sitting Judge for daring to hear a case involving him! Mr. Fayose’s supporters have gone all over to remind us that he has immunity. That appears to be their new national anthem. They recite it like nursery rhymes. But, what a minute. Where the Governor’s immunity starts, and where does it end? Before I go one, let me be quick to admit that I am not a lawyer, but I have no difficulty in interpreting the sacrosanct provisions of the 1999 Constitution and documents written in the English language (not Latin). Governor Fayose by virtue of being a state’s Chief executive and one of the four categories of people covered by the said Section 308, he enjoys immunity under the Constitution. But, can that extend to his wife, his children, his nuclear or extended family members or his bank account? The fact that Fayose has immunity does not mean, for instance, that if his wife commits murder by virtue of being First Lady, she enjoys a “constitutionally-guaranteed immunity. Is this the logic of that Constitutional provision? Let us say that analogy does not convince some of us, because the question we are dealing with is the question of whether the EFCC can freeze Fayose’s account while he enjoys immunity as sitting state Governor. On this matter let us see what the Supreme Court decided in the case of Fawehinmi V. Inspector General of Police (2002). In delivering the leading judgment of the seven-man panel of the Supreme Court on Friday 10th day of May, 2002 on whether a governor can be investigated, Justice S.O. Uwaifo, J.S.C (as he then was), held inter alia: “That a person protected under section 308 of the 1999 constitution, going by its provisions, can be investigated by the police for an alleged crime or offence is, in my view, beyond dispute. To hold otherwise is to create a monstrous situation whose manifestation may not be fully appreciated until illustrated. I shall give three possible instances. Suppose it is alleged that a Governor, in the course of driving his personal car, recklessly ran over a man, killing him; he sends the car to a workshop for the repairs of the dented or damaged part or parts. Or that he used a pistol to shoot a man dead and threw the gun into a nearby bush. OR THAT HE STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK or used it to acquire property. Now, if the police became aware, could it be suggested in an open and democratic society like ours that they would be precluded by section 308 from investigating to know the identity of the man killed, the cause of death from autopsy report, the owner of the car taken to the workshop and if there is any evidence from the inspection of the car that it hit an object recently, more particularly a human being; or to take steps to recover the gun and test for ballistic evidence; and generally to take statements from eye witnesses of either incident of killing. OR TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK or for acquiring property, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY; or of the property acquired? The police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available.” [see Fawehinmi V. I.G.P. (2002) 7 NWLR (Pt. 767) 606] (Emphasis mine). A simple look at this landmark Supreme Court judgement leaves me with two conclusions: 1) Immunity clause has its own limit(s) in relation to criminal investigations by a law enforcement agency, in this case, the EFCC. 2) Fayose’s Zenith Bank like his nuclear or extended family members are NOT covered by his immunity as a sitting Governor. My candid advice to Governor Fayose and his advisers is to explore the possibility of a judicial solution, if he has any explanation whatsoever to do. Resorting to self-help, by creating a scene out the matter, leaves him only worse off than he was before. On its own part, the anti-graft agency must avoid all temptations for high-handedness in handling matters of such nature so as not to be seen to be too partisan. I simply submit! . Adigun, a political analyst and independent political strategist, writes from olalekan@olalekanadigun.com, adgorwell@gmail.com. Twitter: @adgorwell. +2348136502040, +2347081901080. [myad]
A group going by the name, Buhari Media Support Group (BMSG), has accused the Senate of trying to blackmail President Muhammadu Buhari and his government and to make him drop the various trials bordering on corruption, of principal officers of the upper chamber of the National Assembly.
A statement signed by the group’s Coordinator, Muhammad Labbo and the Secretary, Cassidy Madueke viewed with disappointment the attempt by the Senate to blackmail the president into submitting to its whims and caprices by stampeding him to stop the court summons of principal officers of the Senate to defend themselves against allegation of forgery.
“The BMSG believes that as lawmakers, the senators should be on the same page with the president and his administration to uphold the laws of the land. The BMSG notes that rather than constitute themselves into obstacles in the quest to reposition the country and ensure obedience to rule of law, the distinguished senators should be seen to show good example to the citizenry.”
The group reminded the Senate that President Buhari has sworn to an oath to uphold the nation’s constitution, and no attempt should be made by any individual or group to undermine this sacred responsibility.
It said that the summons on the principal officers of the Senate emanated from the petition raised by some senators over the forgery of the Senate standing order, a ground norm for conducting business in the hallowed chambers of the Senate.
“The BMSG strongly believes that the individuals mentioned in the summons will have an opportunity in the court to prove their innocence, rather than using the hallowed chambers of the Senate to fan embers of division, and ill-feeling against the President.
“The BMSG implores that as the representatives of their various constituencies, the senators should always work together with the executive to address the myriad of problems besetting Nigeria.
“We therefore urge the Senate to immediately withdraw their uncouth language against the president and render an unreserved apology to Nigerians.” [myad]
The FCT Administration has introduced the teaching of entrepreneurial skills to students in all secondary schools in the Territory. The FCT Minister, Malam Muhammad Musa Bello who dropped this hint when he visited Government Girls’ Secondary School, Abaji said that inculcating entrepreneurial skills among students would not only make them to be independent job creators, but employers of labour. The Minister who was represented at the occasion by FCT Permanent Secretary, Dr. Babatope Ajakaiye, stressed that this would in the long time improve the economic status of the residents as well as stimulates economic growth in general. “We are moving away from an era where people rely solely on white collar jobs to a point where people will set up their businesses and employ others.” The Minister explained that lack of diversification, is one of the major reasons for economic challenges the country is currently facing, adding: “we must be proactive as we bequeath a very sound system to the next generation. ”Our economy is what it is today because Nigeria has only depended on oil for its resources. We should move away from that if we must maintain our position amongst the comity of nations.” The Minister assured that the FCT Administration would fully support Government Girls’ Secondary School in their quest to represent Nigeria in the global finals of Socially Responsible Business (SRB) slated to take place in August this year in Philippines. He commended the students of Government Girls’ Secondary School Abaji for making both the Administration and the entire nation proud by proving their mettle both at the national and international fora, particularly in entrepreneurship exhibition. The Minister recalled that at the 2016 Students for the Advancement of Global Entrepreneurship (SAGE), National Exhibition and Awards, GGSS came top in the Best Entrepreneurship Project Award, the Best Innovative Project Award, the Best Millennium Development Goals Award, and the Best SAGE Teachers Award, among others. Speaking earlier, the Director of FCT Secondary Education Board, Hajiya Rakiya Daniya said that the entrepreneurship unit of the Board has over the years worked assiduously with SAGE in FCT SEB schools to achieve tremendous results. [myad]
President Muhammadu Buhari has advised his chief personal security officer and the officer in charge of the presidential movement not to abuse their positions.
The President, who decorated the two officers who have just been promoted in the Nigeria Police, stressed the need for public officers entrusted with certain responsibilities to live up to their duties and justify the confidence reposed in them.
The President advised them to justify their new ranks by increasing their commitment to the service of the nation even as he acknowledged their hard work and achievements which brought about their promotion.
He stressed that Nigeria needed their dedication and unwavering commitment for it to achieve greatness and assume its rightful position, cautioning them not to abuse their positions.
The officers that were promoted are Abdulkarim Dauda and Kayode Sikiru Akande from the position of Assistant Commissioner of Police to Deputy Commissioner of Police. [myad]
Governor Ayo Fayose of Ekiti State has described human rights activist and lawyer, Femi Falana (SAN), as a mischievous lawyer.
The governor’s Special Assistant on Public Communications and New Media, Lere Olayinka, who spoke on behalf of Fayose, said that Falana is always out to defend any position that satisfies his selfish desire. “Falana is only deceiving the Economic and Financial Crimes Commission on Governor Ayodele Fayose’s matter because of his ambition to contest the Ekiti State Governorship election in 2018, thinking that he can achieve what he used the EFCC to achieve against Governor Fayose in 2006 ten years after.” Olayinka, who reacted to Falana’s position supporting EFCC’s freezing of Governor Fayose’s bank account, said it was shameful that a lawyer of his standing could say that the anti-graft agency was empowered to freeze Nigerians bank accounts and secure court orders later. “Even though this comment coming from Femi Falana ought to have been ignored like we have always done because his hypocrisy has become so legendary that he should no longer be taken seriously by sane minds, it was shameful that Falana, a Senior Associate Nigeria (SAN) could say that EFCC can freeze Nigerians bank accounts and obtain a court order later even when Section 34 of the EFCC Act provided that a court order must be obtained (ex-parte) and made available to the bank manager before a bank account can be frozen. “Court Order is a condition precedent before a bank account can be frozen and Section 34 of the EFCC Act is very clear on this. It is unambiguous. It presupposes that EFCC cannot freeze the bank account of any Nigerian, no matter the status without first obtaining a court order and making same available to the bank manager. “This position was also expressed by Justice Gabriel Kolawole of the Federal High Court, Abuja, yesterday when he ordered the EFCC to pay N12.5 million damages to the son of former Governor Murtala Nyako, Senator Abdulaziz Nyako for unlawful freezing of his account and illegal detention. “It is therefore strange that a SAN could tell Nigerians that EFCC can carry out an action first and obtain court order to justify the action later. “If I may ask, was Falana called to the Bar before he attended Law School and passed his Call-To-Bar Exams? Was Falana’s LLB Certificate given to him before he got admission to the University? Was Falana’s BL Certificate issued to him before he attended the Law School? Was Falana’s Birth Certificate issued before he was born? Was Falana’s Marriage Certificate issued before he got married? Has Falana ever travelled to UK or USA and obtained Visa later? “Can I, Lere Olayinka, because I can now quote some laws begin to practice as a lawyer and go to University to study law later? “Obviously, opinions of lawyers like Femi Falana are better left in the trash cans and Nigerians should begin to thank God that he was not made Attorney General of the Federation and Minister of Justice. “It is also important to tell Falana to seek the face of the Lord for forgiveness of his sins against Ekiti and Governor Fayose in particular, because it appears God deliberately frustrated his bid to be appointed Attorney General of the Federation and Minister of Justice because of what he would have used the position for. “For instance, over ten Ekiti indigenes were murdered during the APC government of Dr Kayode Fayemi, Falana kept silent. He also kept silent when the future of Ekiti State was being mortgaged to frivolous loans and deductions from workers salary were not being remitted. It also made no meaning to Falana that democratically elected local government chairmen and councillors were sacked and council election was not conducted throughout the four years of APC government in Ekiti State. “Instead of hiding under human rights activism to perpetrate evil against Ekiti and its people as he has always done, Falana should be bold enough to declare his governorship ambition, which is not hidden and let’s see how far he can go this time around. “Like we have maintained, this is 2016 and 2006 that Falana and his criminal collaborators used EFCC to remove governors, Governor Fayose whose impeachment was later declared illegal by the Supreme Court.” [myad]
The Nigerian Army has distanced itself from the story spurned by what it called “faceless criminal gang of economic saboteurs” that hide under the aegis of Joint Niger Delta Liberation Force (JNDLF), alleging that some officers approached them for support to overthrow a duly elected present democratic government.
A statement by the Acting Director of Army Public Relations, Colonel Sani Kukasheka Usman this morning described such allegation as baseless and most unfortunate, even as he confessed that the Nigerian Army is the greatest beneficiary of democracy and therefore cannot ever contemplate any anti-democratic misadventure.
“Certainly, not under the command of the present Chief of Army Staff, Lieutenant General Tukur Yusufu Buratai. Rather, we see this type of dangerous speculation as a declaration of war to destabilize the present government by these unscrupulous elements.” The army spokesman said that the baseless and most unfortunate allegation existed in the warped minds of the originators of such weighty allegation, adding that the that this is not true even as the army distanced itself from this weighty allegation. “We also see this speculation as a dangerous distraction to our effort in fighting insurgency and other criminal elements in the country. “The Nigerian Army would like to send a strong and an unequivocal warning to those speculating a coup by the Nigerian Army against the Government to desist forthwith. We would like state in clear term that we are a product of democracy and a focused professional institution and would have nothing to do with such abomination and heinous crime. “The Nigerian Army is investigating those behind the dangerous insinuation in order to unravel the real motive behind it. “We would like to reiterate our unalloyed loyalty to the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and defence of the Constitution of the Federal Republic of Nigeria. We would also like to reaffirm our unconditional support and obedience to civil authority. “We wish to further assure Nigerians and indeed all peace loving people that the Nigerian Army and indeed its personnel will never be involved in such terrible misadventure. “We wish to further add that no matter how long it takes, we would track and find out those behind these insinuations and bring them to justice.” [myad]
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The Economic and Financial Crimes Commission (EFCC) has raised alarm that some fraudsters have taken over its operations by using the name of its Acting chairman, Ibrahim Magu to extort money from suspects that are under investigation.
Fayose’s Immunity And His Bank Account, By Olalekan Waheed Adigun
Since he took over his new role as the unofficial opposition leader, he has always been in the news, in many cases for the wrong reasons. If he is not insulting President Buhari, he probably is involved in not-so-noble activities like visiting China to speak to an imaginary audience on trade and investment. Even if the news does not find Fayose, Ayo will find the news. In some cases, Ayo will deliberately pay a full front page advertorial to celebrate the obituary of a living person. It can sometimes get go bad than Fayose, like the former Ugandan dictator Idi Amin Dada, suddenly have a “dream” and go pay for a full page advert to release his “prophecies”.
Some days ago, Uncle Ayo, noticing his public ranking is on the low, caught the eyes of the media again. He went on strike, not because anyone owed him salaries, but because state workers are demanding their several months’ emoluments. To distract his people’s attention away from their problems, he saw that the Wife of the President, Aisha Buhari is too quiet to comfort, decided to pitch a battle with her. Like his media team came up with a “medical report” from a fictitious Ahmadu Bello Teaching Hospital (not the one in Zaria, maybe the one in Ikogosi), that General Buhari was ridden with cancer, hence ineligible to run and to validate one of his “prophesies”. He told us that one Aisha Buhari Muhammadu who is wanted for her role in the US Congressman William Jefferson’s bribery scandal for which the American lawmaker was convicted in 2009. The rest, as they say, is history!
Mr. Fayose had on some days ago accused the Economic and Financial Crimes Commission (EFCC) of acting illegally in the case of the freezing of his Zenith Bank account. His primary argument was that since he enjoys constitutionally-guaranteed immunity from prosecution, as a siting governor, he is “immune” from investigation or probe by virtue of Section 308 of the 1999 Constitution. It only shows how things are improving for Governor Fayose. Let us forget that he once reportedly slapped a sitting Judge for daring to hear a case involving him!
Mr. Fayose’s supporters have gone all over to remind us that he has immunity. That appears to be their new national anthem. They recite it like nursery rhymes. But, what a minute. Where the Governor’s immunity starts, and where does it end?
Before I go one, let me be quick to admit that I am not a lawyer, but I have no difficulty in interpreting the sacrosanct provisions of the 1999 Constitution and documents written in the English language (not Latin).
Governor Fayose by virtue of being a state’s Chief executive and one of the four categories of people covered by the said Section 308, he enjoys immunity under the Constitution. But, can that extend to his wife, his children, his nuclear or extended family members or his bank account? The fact that Fayose has immunity does not mean, for instance, that if his wife commits murder by virtue of being First Lady, she enjoys a “constitutionally-guaranteed immunity. Is this the logic of that Constitutional provision?
Let us say that analogy does not convince some of us, because the question we are dealing with is the question of whether the EFCC can freeze Fayose’s account while he enjoys immunity as sitting state Governor. On this matter let us see what the Supreme Court decided in the case of Fawehinmi V. Inspector General of Police (2002). In delivering the leading judgment of the seven-man panel of the Supreme Court on Friday 10th day of May, 2002 on whether a governor can be investigated, Justice S.O. Uwaifo, J.S.C (as he then was), held inter alia: “That a person protected under section 308 of the 1999 constitution, going by its provisions, can be investigated by the police for an alleged crime or offence is, in my view, beyond dispute. To hold otherwise is to create a monstrous situation whose manifestation may not be fully appreciated until illustrated. I shall give three possible instances. Suppose it is alleged that a Governor, in the course of driving his personal car, recklessly ran over a man, killing him; he sends the car to a workshop for the repairs of the dented or damaged part or parts. Or that he used a pistol to shoot a man dead and threw the gun into a nearby bush. OR THAT HE STOLE PUBLIC MONEY AND KEPT IT IN A PARTICULAR BANK or used it to acquire property. Now, if the police became aware, could it be suggested in an open and democratic society like ours that they would be precluded by section 308 from investigating to know the identity of the man killed, the cause of death from autopsy report, the owner of the car taken to the workshop and if there is any evidence from the inspection of the car that it hit an object recently, more particularly a human being; or to take steps to recover the gun and test for ballistic evidence; and generally to take statements from eye witnesses of either incident of killing. OR TO FIND OUT (IF POSSIBLE) ABOUT THE MONEY LODGED IN THE BANK or for acquiring property, AND TO GET PARTICULARS OF THE ACCOUNT AND THE SOURCE OF THE MONEY; or of the property acquired? The police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available.” [see Fawehinmi V. I.G.P. (2002) 7 NWLR (Pt. 767) 606] (Emphasis mine).
A simple look at this landmark Supreme Court judgement leaves me with two conclusions: 1) Immunity clause has its own limit(s) in relation to criminal investigations by a law enforcement agency, in this case, the EFCC. 2) Fayose’s Zenith Bank like his nuclear or extended family members are NOT covered by his immunity as a sitting Governor.
My candid advice to Governor Fayose and his advisers is to explore the possibility of a judicial solution, if he has any explanation whatsoever to do. Resorting to self-help, by creating a scene out the matter, leaves him only worse off than he was before. On its own part, the anti-graft agency must avoid all temptations for high-handedness in handling matters of such nature so as not to be seen to be too partisan. I simply submit!
. Adigun, a political analyst and independent political strategist, writes from olalekan@olalekanadigun.com, adgorwell@gmail.com. Twitter: @adgorwell. +2348136502040, +2347081901080. [myad]