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]
President Muhammadu Buhari, Wednesday, June 22, addressed workers of the Aso Rock Presidential Villa, Abuja. The workers have gone to formally welcome him from his 14-day break and trip to the United Kingdom, where he was also attended to by ear and eye expert on his ear infection. [myad]
The Federation Accounts Allocation Committee (FAAC), on Wednesday, distributed a total of N305.128 billion to beneficiaries for the month of May 2016.
Beneficiaries of the federation account include Federal Government, 36 state governments, 774 local government and area councils, Federal Inland Revenue Service (FIRS), Nigerian Customs Service (NCS) and Department of Petroleum Resources (DPR).
Of the amount, gross statutory revenue (mineral, taxes, customs and excise) contributed N237.466 billion; N65.116 billion came from value added tax, while the N2.546 billion gained from exchange rate variance made up the remaining.
Federal Government took N122.567 billion; states got N88.485 billion, while local governments collected N66 billion.
The 13 oil producing states shared an additional N16.738 billion as oil derivation fund.
The FIRS got N2.978 billion, being four per cent cost of collection; NCS was allocated N2.350 as seven per cent cost of collection, while DPR collected N1.220 billion also as four per cent cost of collection.
The $2.261 billion in the Excess Crude Account was maintained with no additional fund deposited and nothing was withdrawn.
According to FAAC chairman and Minister of Finance, Mrs. Kemi Adeosun, the gross statutory revenue of N237.466 billion received for the month was higher than the N213.817 billion received in April by N23.649 billion.
She said crude oil production dropped by about 2.3 million barrels in February 2016 due to Force Majeure declared t Forcado Terminal, shut-in and shut-down of pipelines at other terminals for repairs and maintenance. [myad]
Former chairman of the Economic and Financial Crime Commission (EFCC), Nuhu Ribadu, has said that the Aisha Buhari mentioned in the bribery scandal of a former United States congressman, William Jefferson, was an impostor who was peddling influence with the name of President Muhammadu Buhari. Ribadu narrated how the EFCC during his tenure, in conjunction with U.S authorities, almost arrested the impostor. “She is a different person and has lived in the U.S. for years. She is hardly in Nigeria. The EFCC was working with U.S. authorities on the investigations. One of my plans was to arrest her before I left the commission. Our suspicion then was that she was using the Buhari name for influence. “The EFCC laid ambush to see if she would come into the country so she could be arrested. I didn’t know what happened to the plan to arrest her after I left.” Ribadu however said if Nigerian authorities were still interested in the case it was easy to establish her real identity. He said that this should not be a problem for investigators because she recently renewed her passport at the Nigeria embassy in Washington and that they should still have a file on her. Ribadu’s successor at the EFCC, Ibrahim Lamorde, had earlier told this newspaper the President Buhari’s wife was not the person mentioned in the scandal as alleged by the governor of Ekiti State, Ayodele Fayose.
President Muhammadu Buhari has vowed that he would stop at nothing to wrestle corruption to the ground.
He made it clear, as he addressed the staff of the Presidential Villa, Abuja, that he will vigorously sustained the ongoing fight against corruption to rid the country of the debilitating effects of the wanton looting of public funds in past years.
He told staff who turned up in large number to welcome him back from his recent vacation that he will continue to lead the country with patriotic zeal, integrity, dedication and commitment to improving the living conditions of ordinary Nigerians.
“I have never in my life believed in corruption. If we make any mistake in what we are doing and compromise our integrity, the country will be further dragged back.
“We’ll not touch anybody that did not touch public funds. If you behave yourself, you will sleep soundly; your children and families will enjoy respect.
“But if you have short-changed the treasury, you will be caught and you’ll have your day in court.”
President Buhari thanked the State House staff for their service to the nation and urged them to remain patriotic and eschew corruption in the discharge of their duties.
“I’m asking you to re-dedicate yourself to your country. As I said thirty years ago we have no other country than Nigeria. We are determined to rehabilitate the country for coming generations.
“The process of change is not easy but with your dedication, we can deal successfully with the issues that currently confront us.” [myad]
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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.
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]