S-Court sacks Omehia, orders Amaechi in

RIVERS State got a new governor, yesterday, in Mr. Rotimi Chibuike Amaechi after the Supreme Court ruled that the man sworn in on May 29, 2007 for the office, Sir Celestine Omehia, was not PDP candidate in the last election.

Mr. Amaechi, Speaker of the state Assembly between 1999 and 2007, had won the party’s primaries in the state but was dropped at the eleventh hour by PDP leadership.

He hailed the Supreme Court’s decision as a landmark and historic, while Sir Omehia called for calm.

The PDP declined to comment on the matter for now. But in Port Harcourt it was mixed reactions from residents with some, especially settlers at the waterfront, jubilating over the removal of Omehia. Omehia had planned to demolish the area.
President Umaru Yar’Adua in his reaction asked the people of the state to accept the court’s decision.

The apex court said Omehia was not the candidate of the ruling People’s Democratic Party (PDP) which won the gubernatorial election held in the state on April 14, 2007.

The court said Omehia held the office in error and illegally and ordered the immediate swearing-in of Amaechi.
The apex court said Amaechi was the lawful candidate of the ruling party (PDP) that won the election in the state and by extension should be the occupant of the exalted office.
The unanimous verdict came after three hours legal arguments by counsel to all parties in the case.

The arguments touched on the interpretation and intendment of section 34 (2) of the Electoral Act 2006 and when section 308 of the 1999 constitution could avail a sitting governor from court actions.
Justice Aloysius Katsina Alu headed the seven-man panel of the apex court that heard and summarily decided the case.
He said the panel would give fuller reasons for its judgment in the matter on January 18, next year.

He said: “I must start by thanking counsel in this case for the arguments they canvassed. The issue in this appeal falls within a narrow compass. The starting point is the decision made by this court in Ugwuh and Araraume that a political party wishing to substitute its candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought.
“In the case of Araraume which this court decided, to offer a reason ‘error’ is not in compliance with section 34 (2) of the Electoral Act 2006.

“In this case, the same reason relied upon by the 3rd respondent in substituting the appellant with the second respondent is the word ‘error’ without more. Clearly, in my view, the two cases are similar and the same principle applies.

“In arguments by counsel, it was submitted that the fact that there was an indictment against the appellant constituted a reason for INEC to disqualify the appellant. My reaction is that the submission is untenable because there was no indictment known to law.
“No court of law pronounced the appellant guilty of any indictment justifying his exclusion from election.

“Indeed, he was never charged before any court. It is my finding that the appellant was not substituted in accordance with the law and, therefore, remains the candidate of the ruling People’s Democratic Party (PDP) that contested the gubernatorial election held in Rivers State on April 14, 2007.

“Since the appellant was not substituted in accordance with the law, it would, therefore, be wrong for the 3rd (PDP) respondent to nominate the second respondent for the April 14 governorship election in Rivers State. The issue that section 308 enures to the benefit of the 2nd respondent is also untenable.

“The grounds upon which the appellant premised his claim had been in issue before the election and I am unable to accept that the 2nd (Omehia) respondent enjoys any immunity in this matter.
“And to the appellant's claim on pages 68 and 70 that the reliefs are declaratory and injunctive, he brought the claim so that he would not be substituted.

“It is my view that the candidate of the PDP in the election was the appellant. His name was unlawfully removed. In the eyes of the law, he remains the candidate and this court must treat him as such.
“The appellant and not the respondent must be seen as having won the election.

“The argument that the appellant must be held to his claim overlooks the fact that this court has the wide jurisdiction to give circumstantial orders and grant reliefs which the circumstances and situation dictate.

“This court shall rise up to do substantial justice without regard to technicalities. We would not make an order which does not address the grievances of the party before this court.

“The only way to accord recognition to his right not to be trampled upon is to declare him and not the 2nd respondent to have won the April 14 gubernatorial election.
“The cross appeals by 2nd and 3rd respondents fail and the appeal succeeds. The decision of the Court of Appeal is hereby set aside. I make no orders as to cost.

“I, therefore, make the following orders: (1) I declare the appellant the one entitled to be in the governorship seat in Rivers State since he was the lawful candidate of PDP.

Orders immediate swearing-in of Amaechi

(2) It is ordered that Celestine Omehia vacates the seat immediately and that the appellant be immediately sworn-in in his place.
“I will give my full reasons to the judgment on the 18 of January 2008,” he added.

Rivers guber seat not vacant by May 29, 2011

By implication, Sir Celestine Omehia, yesterday ceased to be governor of Rivers State after illegally occupying the exalted seat for about five months.

By the intendment of the judgment of the apex court in Peter Obi Vs Andy Uba, the term of office of Rotimi Amaechi would start running from the day he takes his oath of office as the governor of Rivers State.

By implication, the office of Rivers State governor would not be vacant by May 29, 2011 since the four year term of office of Amaechi would still be running.
He would be expected to vacate office for whoever would take over from him in October 2011 if he does not retain his seat in the next general election.

The judgment of the apex court handed down has also rested varying interpretations to the provision of section 34 of the Electoral Act 2006.

It has also defined the powers of political parties and INEC in substituting of candidates.
The judgment has also enriched the nation’s jurisprudence by the reason of its pronouncement on when section 308 can avail a serving governor from civil or criminal actions.

After Amaechi’s name was forwarded to INEC with an accompanying affidavit indicating that he had fulfilled all the constitutional requirements for the election, speculations started flying that his name was about to be substituted by PDP.

Amaechi then approached a Federal High Court sitting in Abuja to stop PDP from substituting his name or disqualifying him from participating in the governorship elections except in accordance with the provisions of the Electoral Act 2006. The court said his action was speculative and declined to grant the reliefs sought.

However, on February 2, 2007, PDP forwarded the name of Celestine Omehia to INEC as substitute for Amaechi, as earlier speculated by Amaechi.

In the application forwarded by PDP to INEC to substitute Amaechi’s name for Omehia in line with the provision of section 34 (1) of the Electoral Act 2006, the PDP did not give any cogent or verifiable reason for its action.

Although one of the alleged reasons why PDP substituted the name of Amaechi was because EFCC might disqualify him on the grounds that he had been indicted for corruption, no such indictment was available at the time and there was no reason given.

Immediately PDP applied to substitute his name, Amaechi’s counsel, Chief Lateef Fagbemi (SAN), approached the high court again to report the development and stress the fact that it must grant his reliefs including:

The trial judge, Justice Binta Murtala-Nyarko set aside the substitution of Amaechi’s name with Omehia by INEC.
She described the substitution as reprimandable in view of the fact that the case was on at the time the substitution was done by PDP.
But the judge refused to declare him as the candidate of the PDP for the election in the state.

Rotimi Amaechi, however, went to the Court of Appeal in Abuja to declare him the substantive PDP gubernatorial candidate for Rivers State.

But before the Appeal Court could sit on the issue raised by Amaechi, PDP issued a statement claiming that it had expelled him from its fold.

The Court of Appeal, based on Amaechi’s expulsion from PDP, struck out Amaechi’s substantive appeal for want of jurisdiction to entertain it. Amaechi appealed the verdict of the Court of Appeal to the Supreme Court. But the Supreme Court rejected the request.

According to Justice Katsina Alu who read the lead judgment on May 11, 2007: “I think we have the shortest judgment in history. Having heard all arguments of learned counsel from all sides, I hold that the Court of Appeal was in error in declaring jurisdiction to hear the appeal and cross appeal on their merits.

“It is now ordered that the matter be remitted to the Court of Appeal Abuja to hear the two appeals expeditiously. No order as to cost,” he added.

When the matter got to the Court of Appeal, Omehia brought an application to stay proceedings in the case to enable it seek clarifications on the judgment of the Supreme Court.
The Chief Justice of Nigeria, Justice Idris Kutigi, frowned at the conduct of the justices of the Court of Appeal and gave an administrative order that the case be heard by the court.
The Court of Appeal panel hearing the case eventually took back the case-file and began sitting on the matter.

But while hearing was on-going, the Court of Appeal said except some applications before the Supreme Court by the parties were withdrawn, there was no way it could go ahead with the hearing of the case.
Both Omehia and Amaechi had to return to the Supreme Court where justices of the apex court had harsh words for the justices of the Court of Appeal with a stern warning that the matter must be decided expeditiously.

When the case was eventually heard by the Court of Appeal, the panel of justices that heard the case dismissed Amaechi’s appeal on the ground that his name was substituted because he was indicted by EFCC for corruption.

Although the court admitted that PDP did not state the reason in its application to INEC, it said his indictment was a public knowledge and that INEC knew of it and acceded to the substitution.
Aggrieved by the decision, Amaechi went before the Supreme Court again with a request to reverse the verdict and unseat the Governor of River State, Sir Celestine Omehia.

Yar'Adua to Omehia: Accept judgment in good faith

President Umaru Yar’Adua has enjoined the people of Rivers State to accept the ruling of the Supreme Court removing Governor Omehia from office in good faith.

Special Adviser to the President on Communications, Mr Segun Adeniyi, who addressed State House correspondents said the president had directed all relevant agencies to ensure that the Supreme Court ruling was implemented.

President Yar’Adua said his stand was premised on his “avowed commitment to upholding the rule of law at all times.”
The president further urged all “concerned parties to respect and abide by the ruling of the nation’s highest court on this matter and enjoins all residents and citizens of Rivers State to accept the judgment in good faith.”

No victor, no vanquished — Amaechi

Moment after the court’s ruling yesterday, Mr. Amaechi described the ruling as a landmark and historic judgment. He said his faith in God and confidence in the integrity and character of the Supreme Court sustained him all through the difficult and challenging trial.
In a statement issued on his behalf by Mr Magnus Abe, Commissioner for Information in the Odili administration, Amaechi said the judgment would no doubt further deepen and strengthen democracy in the country.
The new governor said nobody should misunderstand the struggle as a personal struggle, but was about justice and fairness to all Rivers’ people, stating that as far as he was concerned, there was no victor, no vanquished.

He noted that rather than for anybody to sob because of the judgment, the judgment should serve as a unique opportunity for all Rivers people to return unity and togetherness in order to move the state toward peace and progress.

Amaechi noted that he was extending his hands of fellowship to all Rivers people, both those who stood by him all through the trial and those against him.

Omehia appeals for calm

Sir Celestine called on the people of the state to remain calm and not to take the laws into their hands.
In a statement signed by his Chief Press Secretary, Mr. Paulinus Nsirim, he said he was yet to be briefed on the judgment by his lawyers. The statement: “Sir Celestine Omehia has called on the people of Rivers State to remain calm following today’s (yesterday) Supreme Court judgment. As law-abiding citizens no one should take the laws into his hands.”

The statement said the governor was waiting to be briefed on the development at the court by his lawyers at the end of which he would address the people of the state.

PDP declines comment

The National Publicity Secretary of PDP, Lady Ime Udom declined to comment on the issue.

1 Amechi in - Supreme Court Written by Maduka NzoiwuThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it \n This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ' target='_blank'>, on 25-10-2007 23:17 I want to thank the supreme court for making this judgment for the people of Nigeria. It is time to start rebuilding the minds of the masses after the cabal. Omehia is a brother to Amechi, but the cabal tried to sow a bad seed. Please do not loose the love, but start the peace. This a yet another opportunity to rise to the challenge - help the poor masses. GOD BLESS!

2 Dr Written by akogu, on 25-10-2007 23:20 May God preserves the lives of our past evil messiahs who held sway from 1999 to 2007 so that they will actively reap the fruits of their evil manipulations as we approach the climax of this judicial cleansing of Nigeria. Congrats to gov Amaechi.

3 rotimi vs sir omehia Written by niranThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 25-10-2007 23:32 thank God for the wind of change,it really blowing well,i think obasanjo should berry his head in shame.most of his autocratic decision has been upturn within six month,what a shame ,also i will urge Yardua to immediately order the removal of Maurice Iwu and probe the commission.he has waisted nigeria resouces,he should not be allow to conduct re-run election.

4 Effc doing selective jobs Written by John, on 25-10-2007 23:40 The EFCC is doing selective Justice, they are being used as a tool by the Federal Government to go against political opponents

5 Gov. Amechi at last Written by Dr Marvin DekilThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 25-10-2007 23:51 It pays to be relentless in quest for justice. Gov. Amechi has demonstrated that he has what it takes to lead our great state - determination and focus. Congratulations my governor!

6 omehia Written by ChijiokeThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 25-10-2007 23:53 it is so unfortunate thay omehia is found in the middle of this. I hope amechi would do a better job

7 Victory for rule of Law Written by okechukwu IkwunzeThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 26-10-2007 00:03 This is victory for democracy and rule of Law. Hope President yar'dua doesn't fall victim too.

8 Written by NwabuThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 26-10-2007 00:18 Congratulations to the new Rivers State governor,however,who will save him from the PDP conspiracy that will be happy to impeach him before he could finish takig hos oath of office. I wish him well.

9 Omehia and Delta State Written by Ovie OkpoduThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 26-10-2007 00:21 The Supreme Court of Nigeria is leading the way for a powerful progressive revolution in Nigeria. Yar'Adua silently started it, but he must be open with Nigerians regarding James Ibori and Delta State. Ibori must not be shielded, and Delta State governorship election must be nullified. There was absolutely no electio there, so Oduaghan has no business in the government house. SUPREME COURT, PLEASE COME TO OUR RESCUE.

10

S. Decision on River State governorship
Written by OsitaThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , on 26-10-2007 00:26
This is indeed a fresh breath to the ugly situation that confront our dear country. The supreme court by this very sound decision has yet again proved that there are indeed people of courage and integrity left in Nigeria. I do hope that aspects of the decision that relates to immunity of Governors will come to bear on the prosecution of corrupt politicians who are now hiding under immunity to avaod prosecution for crimes committed before becoming governors. May God continue to intervene in our great Country
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How Sudanese militias killed seven Nigerian soldiers

When General Martin Luther Agwai, Nigeria’s former Chief of the Defence Staff, CDS, was approached by the United Nations, UN, to take up the appointment of the Force Commander of the 26, 000 UN/AU Hybrid force in Darfur, he initially declined the offer because he felt the conditions were not ripe for him as a 4-star general to accept since the logistics expected for such a large force structure, in fact the largest peacekeeping operation ever, was absent.

Aside that, Agwai who was once the deputy adviser to the United Nations General Secretary on Peacekeeping in New York, wanted all the parties involved in the Darfur crisis and the United Nations to come out with a clear mandate for the troops participating in the operations since experience had shown that what was currently on ground in terms of mandate was at variance with the enormity of risks to peacekeepers.

But with the UN insisting that its radar on the African continent pointed only at Agwai to do the job and former President Olusegun Obasanjo’s encouragement that the former CDS should accept the job as it was a recognition of Nigeria’s contribution to peacekeeping worldwide, Agwai accepted the job.

The acceptance was however with the proviso that the proposed troops compliment for the operation would be met by this month. The logistics requirement included weaponry like rifles for soldiers, machine guns, armoured personnel carriers, military aircraft, communication equipment and building of camp accommodation for troops that were promised by the UN.

So, about two months into the job, when Sunday Vanguard sought to know from Agwai if the UN had fulfilled its promise of providing the required troops and logistics holding for the Darfur operation, he sounded worried and non-committal, saying, “as force commander, I use what I have on ground (6, 000 troops). It is the duty of the UN and AU to generate the troops. As I speak to you, I honestly don’t know when and where the 14, 000 troops I am waiting for will come from. But I hope they will come and I hope I will have them soonest so that we can have peace in Sudan.”

According to him, “The world has realized that with just 6, 000 troops, you can do nothing in Darfur. If they can get the 20, 000 troops and the 6, 000 civil police on ground, if we can get the goodwill of the world, that the people and parties to the conflict are willing to sign the peace accords, if there is suspension of hostilities, then we can think of disarmament.”

“The truth is that if the peacekeepers don’t disarm the rebels and parties to the conflict, then you can never have peace in Sudan,” Agwai stated.

Against this apprehension of the force commander, barely nine days ago, it is little wonder that the killing of seven Nigerian soldiers attached to the Hybrid force at Sector 8, Haskanita area of Western Darfur by rebels of a faction of the Sudanese Liberation Army caused outrage and condemnation not only from Nigerians and the federal government but also other nations of the world.

During the attack which was launched at an awkward time when Moslems were preparing to break their fast; over 2, 000 rebels swooped on about 200 soldiers who are mostly Nigerian peacekeepers, with rocket propelled grenades, general purpose machine guns (GPMG) and AK 47 assault rifles while the AU troops were mostly unarmed, short of logistics and weaponry like APC’s and machine guns to fight back.
A further stumbling block to the AU forces retaliating immediately it became obvious that the Darfur rebels were out to spill their blood was the existing mandate, which the Force Commander complained about, that prevents peacekeepers from attacking indigenes they are supposed to protect.

But, according to Brigadier General John Musanda (rtd), Joint Chief of Staff of the AU Mission in Sudan, “in my private capacity, I feel we should have the right as AU or UN to pursue rebels or militias who cut down our peacekeepers in the callous manner that occurred in Darfur.’ Musanda who spoke at the national burial ceremony accorded the seven Nigerian soldiers in Abuja decried the killings further saying, “we are disgusted by this attack on peacekeepers sent to Sudan to bring peace. We are not part of the problems but we are there to solve them. It is unbelievable that we could have such attack mounted against our innocent peacekeepers.”

On his part, the CDS, General Andrew Azazi, who had the unenviable task of going to bring back the dead soldiers, did not mince words when he said, “on 30 September when information started filtering in of a heavily armed militia attack on a Nigeria position in Darfur, for several reasons, I expected the worse because the geography of Darfur did not allow for easy defence.

“So I knew that our troops were at risk. Of course the several militia troops that get formed every day and keep attacking each other are always heavily armed. Of course, when the details came out, we discovered that it was a totally unprovoked militia attack on a Nigeria location and 10 persons were killed, some wounded and others missing when their position was overwhelmed.

“Out of the ten killed there was a Major from Mali who had just been promoted Lt.Colonel and who was waiting for four weeks to go and enjoy his rank. He was married with three wives but he died. There was another Major from Botswana and a civil police from Mali who were also killed.”

Reacting to several questions that have been bogging the minds of Nigerians, Azazi said, “I am very sure there are debates all over and people are asking, why did we send our troops to that place? Why are our troops getting killed? Why this? Why that? But do we really need to ask all these questions?

“We must all die in one-way or the other, whether we are sleeping in our beds, we are in operation or just driving. And for these seven soldiers who died, they died gallantly. The military in operations is prone to casualties. The military is a calling that very often requires the supreme sacrifice. However we also hope to serve gallantly and retire and in our old age tell our grand children stories of our exploits.”

“We know how painful it is to lose loved ones. When their colleagues return from Sudan, for instance, they will not be there to share the warmth of returning home. They will not be there to see the rest of their families. Our colleagues are today going to mother earth; no matter what we say here today, what we do, no matter the prayers, they will not come back to us. What we can only say is goodbye to them.
“But we promise that the circumstances of their death will only give us more resolve. Wherever Nigeria sends us, we will go and as we have seen today by the presence of the mammoth crowd, we are assured of the support of the nation.

“And in fact, to show the resolve, by Monday 8 October, 2007, Nigerian troops will go back to occupy that position in Haskanita in strength, daring whoever to come and attack us again.”

With these tough words, Azazi may have driven home the point for the mandate of the peacekeepers in Darfur to be protected, for trying to protect others but it remains to be seen how the Nigerian government particularly the political masters would exploit this unfortunate incident to bring an end to these wanton killings of soldiers doing their diplomatic bidding.

Incidentally, during the administration of former President Olusegun Obasanjo, another seven Nigerian soldiers lost their lives and nothing was heard of a national burial ceremony while their bodies were brought home secretly and buried.

Again, when it is remembered that exactly 12 months, two weeks and four days, last Friday, a national burial ceremony was held for 13 senior military officers including ten Generals who lost their lives in an Airforce Dornier flight 033 crash in Benue State while going to Obudu ranch for a retreat, one could only wish the Nigerian military journey mercies in all their endeavours.

Because going by what President Yar’Adua said at the occasion of the burial ceremony, “while I want to condole the nation and the families of the late soldiers on this irreparable loss, I wish to reaffirm our commitment to peace and stability in our sub region and the world at large and to say that this is the sacrifice Nigeria is making for the world.

“Whenever we are called and whenever we feel it is necessary to be there, Nigeria will be there.”
So for Danjuma Madaki, Usman Saleh, Duniya Audu, Samuel Orokpo, Bala Mohammed, Dogara John and Ajao Toyin, all fallen heroes because of the resolve of Nigeria to help bring peace to a sister African country called Sudan, it is hoped that future Nigerian soldiers taking part in these inevitable missions would not prematurely lose their lives especially when it concerns unwarranted attacks and killing.

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Akinjide tasks Obasanjo on privatisation revenue

SECOND Republic Attorney-General of the Federation and Minister of Justice, Richard Akinjide has challenged former President, Olusegun Obasanjo to explain how his government spent money realized from the privatization programme he embarked upon in his eight year rule.

Chief Akinjide who condemned the privatization policy of the ex-president said Nigerians needed to know who bought all the assets sold and at what cost.

“We have had the worst government in this country within the last eight years. I am ready to challenge anybody on it", he said at a forum organised in Ibadan by the Ibadan United Front.

"Chief Obasanjo sold everything the country had. The only things he did not remember to sell are National Assembly building, Aso Rock, and the Supreme Court building”, Chief Akinjide said at the forum.

Explaining his role in the emergence of Alhaji Shehu Shagari as President in 1979, he wondered why anyone would blame him for bringing the idea of 122/3 saying he, as a lawyer, he only argued for his client adding that he was not the Supreme Court that gave the judgment and as a good lawyer, you must do all you can to win a case for your client.

His words: “I don’t know why people keep blaming me for the idea of twelve-two-third. I only argued the case. I did not do anything to influence the judgment of the Supreme Court. I did not write the Supreme Court judgment. It is wrong to blame a messenger but blame the message.”

According to him, he is no longer interested in politics but to play the role of a statesman. “I know my brother (Lam Adesina), is a politician and he has never disappointed me. What I want at this stage of my life is what God gives me. I was 27 years when I joined the parliament. What do I want again? I’m no more a politician but a statesman and I will speak the truth no matter whose ox is gored.”

His denunciation of politics did not go down well with Alhaji Adesina who, in fury, said “I know you are a statesman, but you must help to correct the things that have been destroyed. There are many thieves at the federal, state and local governments. Many governors are thieves. Obasanjo should be held responsible for what is happening in Ibadan. We allow nonentity and mediocrity to reign in the city. What he (Obasanjo) did not succeed in privatizing are the ordinary Nigerians."
The former AGF also dismissed the conception of Nigerians that something was wrong with the extant constitution emphasizing that our leaders were the ones who shirked in their responsibilities.

His words: “I feel very sad and embarrassed that in the last 45 years, we have had more than five constitutions but the critical point is that nothing is wrong with our constitution but our rulers. If you bring Americans here to operate this constitution, it would work. And in the same vein, if you take Nigerians to America, you will find out that the constitution there would not work for them.

“In the past eight years, what we had in Nigeria was a military government masquerading as a civilian government. And let me correct one thing which most Nigerians do not know. When we drafted the 1979 constitution, what came out was not what we submitted. There were 17 critical amendments.

“We should stop comparing American Constitution with ours. There is no basis for comparison. In America, the president is elected by electoral votes but in Nigeria, president is elected by popular votes.

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Yar'Adua vows to secure N-Delta from militants

President Umaru Yar’Adua has pledged to secure Niger Delta from its present state of lawlessness and launch it on the path of growth.

The President in a nationwide radio and television broadcast this morning to mark the nation’s 47th Independence anniversary said no region or group would be left behind by government in its desire to build a strong, secure and prosperous nation founded on the ideals of justice, equity, fairness, patriotism and the fear of God.

Vice President Goodluck Jonathan also said on the occasion of the anniversary that government would soon convene a national conference to address the recurring religious crises in parts of the country.
Similar goodwill messages came from state governors and eminent citizens.

President Yar’Adua in the broadcast said: “The last 47 years were indeed momentous years in our history during which we faced monumental challenges, including having to fight a civil war. During these 47 years, we have had remarkable bursts of socio-economic and political development. These were punctuated by no less profound setbacks to our political development, economic progress and social cohesion. However, almost against all odds, we always summoned uncommon resilience and with abiding faith in our common national purpose, we overcame all.

“We are entering our 48th year as a free and sovereign nation against the backdrop of a renewed hope and optimism about our nation and our future. In the short four months we have been in office, we have taken initiatives to build a steady future for ourselves and our posterity. We shall continue with unmediated dedication in our determination to check corruption, reduce poverty, grow our economy, entrench absolute respect for the rule of law, eradicate abuse of due process, and create equal opportunities for all Nigerians.

“We have commenced the process of rebuilding our basic infrastructures. The energy challenge will be met in a holistic manner. We shall be guided by our national consensus for democratic governance and strengthening our democratic institutions, structures, and processes. We shall in particular ensure that our electoral process is of the highest quality and meets international best practice.

“In pursuing our aspirations for the growth and development of a peaceful, strong, secure and prosperous nation founded on the ideals of justice, equity, fairness, patriotism, and the fear of God, no region and no group will be left behind. In the troubled Niger Delta in particular, we shall secure the region for growth and development while effectively tackling the criminal dimension to the problem.
“Today brings with it another opportunity for us to reflect on our yesterday and ponder over our course for a better tomorrow.

We must resolve to work together to restore our cherished values of diligence, honesty, decency, transparency, selflessness and accountability in our polity. I made a covenant with you while soliciting for your votes that I will work towards these goals as your servant-leader. Today, I reiterate that pledge.
“I wish you very happy National Day celebrations.”

Mark harps on rule of law

The President of the Senate, Senator David Mark, said the successful civilian-to-civilian transition last May had made democracy a matter of finality even as he stressed that the country must remain guided by the rule of law.

In his Independence message, Senator Mark said: “More than ever before, Nigerians must rise above those mundane issues that seem to put us asunder, to the indissolubility and indivisibility of our fatherland.

“We must constantly and consistently harp on those attributes that bind us together as a people, and also be proud as a nation that despite the trying pasts and years of the faltering steps as a toddler, we can look back and say, bravo, we have come of age."

National religious confab coming — VP

Vice President Jonathan at an interdenominational service to mark the anniversary in Abuja said a national conference would soon be convened by the Federal Government to address the perennial religious crises in parts of the country.He said no nation could develop to its full potentials with constant instability, as no investor will put his money in an unstable economy.He asked Christians and Muslims to preach and teach that people should learn to live together inpeace and harmony.

“The religious intolerance that we have observed is coming up again must be addressed. We implore the religious leaders to preach peace and harmony,” he said, adding: “The government will soon call a meeting of all religious leaders for us to brainstorm, maybe lock ourselves up in one room for a whole day to come up with a solution that will suppress these excesses of some fanatics.

We believe that as a nation if we continue to do what we have been doing, if one religion continues to rise against the other and kill, maim and continue with the instability, we will not go anywhere. There is so much instability in the nation. When a nation is not stable nobody will want to invest in that nation."

Keep hope alive, AC tells Nigerians

The Action Congress (AC) in its goodwill message congratulated all Nigerians on the occasion of the Independence anniversary, and urged them to keep hope alive despite the pervasive gloom and rot across the nation.The party through its National Publicity Secretary, Alhaji Lai Mohammed, was optimistic that the “current state of despair in one the world’s most endowed nations would give way to a brighter day for all, if all citizens would join hands to work for the country’s progress and check those whose only interest is to pillage the country’s resources and feather their own nest.

“There is enough blame to go around over the situation that has left Nigeria a perpetual sleeping giant, but the issue today, as we mark another milestone in the country’s history, is for the people to strengthen their determination to move the country forward,” the AC said, adding “This can only be done by ensuring that the periodic elections held to determine the people at the helm of affairs are made to count by banishing rigging and other electoral frauds, that the right people are voted into power at all levels of government and that the country would not be perpetually held to the ground by the forces of darkness.”

Shun ‘destructive old ways’, Fashola pleads

Governor Babatunde Fashola of Lagos State invited all men of goodwill to come on board with ideas that could help take forward that noble dream of building a Lagos that would be the pride of future generations.

In his 47th Independence anniversary message to Nigerians, the Governor asked everyone to shun the destructive old ways, vain glorious criticisms and actions that could set us on a collision path with the norms of an orderly society and the law.

He said it was gratifying to note that the present government vision of the Lagos megacity project as presented at a mega city project in New York recently struck the right notes in both local and international investors who have made commitments of time and resources as partners in delivering the project.

He said the Lagos megacity project would transform vital facets like power, integrated transportation, roads, solid waste management, and provision of water, tourism, property and creation of new business districts cum financial hubs.

Uduaghan vows to offer leadership

Governor Emmanuel Uduaghan of Delta State reiterated the determination of his government to offer leadership to the people of the state without succumbing to blackmail or propaganda from any quarter.
The governor speaking at an inter-denominational thanksgiving service at St Patrick’s Catholic Church, Asaba, as part of the 47th Independence anniversary, assured the people of the state that utterances of disunity would not deter him from uplifting the lives of the people.

In a veiled reference to insinuation by a group over the cost of the beautification and electrification project his government has initiated to change the face of the state, Dr Uduaghan dismissed their claims as a distortion and unfounded with the intention of inciting the people of the state against the government, maintaining that it was still early for anyone to launch attacks against his administration.

Obi calls for sober reflection

Governor Peter Obi of Anambra State in his message said: “As far as I am concerned, the period calls for sober reflection and introspection on how far we have been able to govern ourselves since the first of October 1960.

Have we been able to sustain the vision of our founding fathers? Can we say in all honesty that we are better off today than before independence? Can we look at our country today and cheerfully call her a prosperous State or mournfully call her a failed State?
“Such questions are intended to provoke us all into reflection and for us to ultimately decide to build a better Nigeria that will be rule-governed.

“This calls for the sustenance of democratic ethos, hinged on civilised politics that is devoid of thuggery, rigging and all negative things that take us many notches back from the path of development," he said.

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Nigerian Political Parties of the 1999 Constitution and Mr. President Electoral Reforms (1)

The 1999 Constitution, patterned at least in its Chapter Two after the 1979 Constitution, provides for a powerful National Assembly vested with all authority to establish and or to reform existing institutions of government. The problem is that this Constitution has made no provisions for the actualization of the electorates that would produce the type of Assembly stipulated by the Constitution. The result is that statecraft issues essentially organizational and institutionalist are transformed into moral, legalistic and idealist intentions in Nigeria`s reform discourse.

The National Assembly in the Constitution has the power to provide for the establishment of the Armed Forces. It is given the power of the purse through which government functions and is sustained. It has the oversight authority over how the President commands the Armed Forces and over the career prospects in the Armed Forces. It is by the act of the National Assembly that the Nigeria Police Force is to be organized and administered (see Sections 214 regarding the police,. Section 217 on the Armed Forces; Section 218 (4) with respect to laws for the regulation of the powers exercisable by the President as Commander-in-Chief and the appointment, promotion and disciplinary control of members of the. Armed forces of the Federation.

Sections 80 and 81 specify powers regarding control of all revenues or other moneys payable under the Constitution or any Act of the National Assembly). These are powers that establish the Legislative Branch as the fulcrum of Government and ensure the rule of law, since this authority of government are exercise of powers of Acts of the National Assembly. The Assembly effectively administering the powers vested in it by the Constitution is strong enough to keep in check the Executive and maintain its integrity in its relationship to the Judiciary.

The reality of Nigerian politics under the Military and the two terms of the Obasanjo’s regime have however been one of caesaristic Executives, and of a legislature disbanded during Military Rule and quite easily subordinated by President Obasanjo. The 1999 Constitution however provides the National Assembly with the authority to do something about the Armed Forces’ penchant for unconstitutional seizure of power and to check civilian Executive autocracy. The problem however is that the Constitution provides no guidelines nor prescribes what must be done to establish the National Assembly that would make its provisions relevant and supreme.

Thus we have provisions of power for the National Assembly and none for the emergence of the Assembly that is capable of exercising its constitutional powers.

Indeed the dismay is that we have a national assembly that does not seem to recognise that it has powers that the constitution confers on it.

The answer to this onundrum is not to be found in the waking up a sleeping National Assembly. The problem is resident in the political system implied by the Constitution. Namely an electoral political system regulated by the Independent National Electoral Commission. Sections 221 to 229 deal with Political Parties and it is these that show what is prescribed for the implementation of the Constitution through the National Assembly. These sections prescribe the format for the establishment and operations of political parties; they emphasize forms or characteristics of the political parties, their operations and administration; forms are emphasized because a type of political system and process are assumed, namely an electoral political system.

The makers of the Constitution have not asked what are or should be the prerequisites or antecedents political relations amongst “party politicians” (that is, politicians associating to form parties to advance their interest in power) for these to subscribe to an electoral political process for the resolution of their political conflicts and rivalries. The makers of the Constitution have prescribed a politics and have made it mandatory that this and only this type of politics must be the game in town. Hence in the Constitution terms of politics are emphasized because the context and content of politics have been prescribed. The enumerated provisions of the Constitution will he seen as essentially prescriptive. On political parties Section 221 states:

“No association, other than a political party shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.”

Section 229 provides the interpretation of what the Constitution names as association and as a political party. “Association” means any body of persons corporate or unincorporated who agree to act together for a common purpose and includes an association termed for any ethnic social, cultural, occupational or religious purpose; and “political party” includes any association whose activities include canvassing for votes in support of a candidate for election to the office of President, Vice-President, Governor. Deputy Governor or membership of a legislative house or of a local government council.”

Section 229, shows that a political party is a type of. association and that what the Constitution names as a political party is an association defined by one of its purposes for it states that a political party includes any association whose activities include canvassing for votes in support of a candidate for election to any of the offices named. Any association may therefore have as one of its purposes the canvassing for candidates for elections; the Constitution has not said that a political party must have only one purpose. The canvassing for votes in support of candidates seeking. elected offices.

A political party is an association and can be multipurpose. It can be an association consisting of bodies of persons corporate or unincorporated who agree to act together for any common purpose. These include associations formed for any ethnic, social, cultural, occupational or religious purposes. The distinction that the framers of the Constitution want to make is that between a “uni-purpose” association for elections and a “uni-purpose association for the promotion of ethnic, social, cultural, occupational or religious purpose. This introduces conceptual confusion into the discourse.

All associations are inherently multi-purpose and cannot be differentiated from each other in terms of purpose, which by definition is always “inherent”. Purpose “Inheres” in the agreements to act together”. Situations may make it economical for the association to articulate an interest in elections or in any other common good. A church, or mosque, a shrine or a student association may articulate interest in elections and seek candidates or sponsor candidates to run for office to promote their association`s goals.

Section 221 inspite of the conceptual confusion involved in the arbitrary distinction between political parties and any other association it is stipulating that only such associations formed with the purpose of canvassing for votes shall he called a political party. We shall see from this flows every attempt to exclude “non-political party associations,” that is.

associations formed for multi purpose ends, from electoral politics. This legalistic formulation of what a party is however fraught with sociological difficulties that stem from how people actually are in societies. They are firstly ethnic, social, cultural, occupational or religious entities and persons are in such entities. Decisions for promotion of common interests are taken within these identities and contexts. What may therefore be intended by the framers of the Constitution in their definition of a political party is the promotion of political associations that cut across ethnic, social, cultural, occupational or religious barriers

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Why I'm servant-leader —Yar'Adua

ABUJA — PRESIDENT Umaru Yar’Adua has explained that his decision to serve the country as a servant leader is to underscore the need for a change in attitude by the country’s political class.

The President made the explanation in New York, the United States of America at a dinner for participants in the “Nigeria Meets The World” forum.

He said a total change must take place in the disposition of Nigerian politicians and political parties for the electoral reforms initiated by his administration to succeed in establishing a durable framework for political stability in the country. President Yar’Adua emphasised that “politics should be about seeking opportunities for service to the nation, not about opportunities for self-aggrandisement. That is what the concept of the servant leader is about."

He said Nigerians, especially the political class, had a “lot of work to do to change our concept ofleadership. Political office and leadership are not necessarily synonymous because election to a political office should only provide an opportunity for someone to become a leader through worthy service to his people.

"We are reforming our electoral process to lay a solid foundation for political stability but there must be a complete change in the conduct of our politicians and political parties because their attitude will determine the success of the reforms,” the President said.

He warned that without political stability, real development could not take place in Nigeria and other African countries, adding that his administration was working hard to curb corruption by promoting respect for the rule of law and enforcing sanctions for breaches of the law.

His administration, the president promised, would build on the general consensus among Nigerians for the adoption of a free market economy to provide a higher quality of life for all the people of the country.

"In line with this, we are taking steps to realise our objective of making Nigeria one of the 20 strongesteconomies in the world by the year 2020. We have a very clear vision. It is not going to be easy to achieve, but we will try very hard,” the President said.

President Yar’Adua urged the developed countries to invest more in the country to generate economic growth and alleviate poverty. “We are determined to partner with you to make our world a better place to live in,” he said.

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Reps exchange blows as Etteh defends self

THE hitherto cold war between the pro and anti-Etteh groups in the House of Representatives over the N628 million controversial contracts snowballed yesterday into physical fighting between the two sides.

The scene was the sitting of the ad-hoc committee set up by the House to probe the contracts for the renovation of the official residence of Speaker Patricia Etteh and that of her deputy, Mr. Babangida Nguroje, as well as the purchase of vehicles.

All was set for the Speaker to commence her testimony when trouble started. The session was thus adjourned abruptly but not without Mrs Etteh submitting a written defence.
As soon as the Speaker was invited by the chairman of the nine-member committee, Mr David Idoko, to take the witness box there was an explosion of applause apparently from her loyalists who had filled up the venue.

This was followed by shouts of ‘ole, ole’ (thief, thief) from her opponents led by Mr Emmanuel Jime representing Benue State and an attempt by other members to restrain him led to an open confrontation, which sparked exchange of blows by members including Mr Jime, Mr Dino Melaye (Kogi State) and Mr Samuel Sejoro (Lagos).Other members who were there as observers tried unsuccessfully to restrain them.

Chairman of the committee, Mr Idoko, made strenuous efforts to restore order but his voice was drowned in the din and Mrs. Etteh, surrounded by security personnel and other aides, had to be spirited out of the venue.

Thereafter, chairman of the investigative committee announced an adjournment, adding that subsequent sessions of the committee would now be in camera amidst protests from other members of the committee.

The Speaker had arrived the venue of the sitting at about 10a.m even before the arrival of members of the committee who came in about 10 minutes later but the session could not start because many of the committee members were yet to arrive on account of the confusion, which arose from the timing that had been announced during the last sitting.

Mr Idoko apologised for the mix up and explained the decision of the committee to hear the testimony of the Speaker first rather than that of her deputy, Mr Babangida Nguroje, who was next on the order of appearance.He said the change in the order of appearance was necessary to enable the Speaker to go back to the chambers to preside over the plenary session for the day.
Female Reps restrained from exchange fisticuffs

As the committee adjourned, the confrontation shifted to the chambers where members began a fresh row. Saadatu Sani representing Kaduna State, Betty Abiafe from Rivers State and Mercy Almona-Isei were physically restrained from attacking one another by other members on the floor of the House before the arrival of the Speaker.
Nobody has monopoly of violence — Etteh

When the plenary session started at about 11.05am, a fuming Mrs. Etteh said after offering the opening prayers that “nobody had a monopoly of violence” and admonished members to embrace peace.The incident dominated the discussion in the plenary with Mr Leo Ogor representing Delta State moving that the fighting incident be referred to the House Committee on Ethics and Privileges for investigation, a position supported by Tam Brisibe from Delta State.
He argued that the incident was totally “unparliamentary” and that aborting the hearing had denied the Speaker an opportunity to be heard. “The Speaker remains the Speaker until she is removed. We as parliamentarians talk of due process but we violate it. It is insulting to use offensive language,” he said.

Mr Olaka Nwogu representing Rivers State cautioned the House from rushing into judgment, saying it was necessary to wait for the emergence of all the facts. According to him, “at moments like this, a parliament that distinguishes itself should be careful. I believe it is wrong to characterise anybody especially the Speaker.

“At the same time, whatever happened, the next step must be left to the investigative committee, which has the responsibility to report to the House,” he said and was supported by the Minority Leader of the House, Mohammed Ali Ndume.Mr Stanley Ohajuruka from Abia State proposed that the House should resolve the contending issues in an executive session where members would be free to voice their worries, saying if that was not done, “I see a situation of things getting out of hand.”

Mohammed Sani Abdul supported this, stressing the need for the House to speak with one voice and not to allow emotions becloud their reasoning.

He noted: “The House is burning inside. Everyone has something to say. Let’s find time to hold an executive session so that everybody can let out steam and at the end of the day, things will be resolved. We should not destroy our democracy.”Based on the submissions, the House went into an executive session.
The Speaker put the question of whether or not to go into an executive session to a voice vote and it was adopted.Briefing the media later on the outcome of the executive session, chairman of the House Committee on Media and Publicity, Mr Eziuche Ubani, said the House agreed to rescind its decision to refer the lawmaker’s show of shame to the Ethics and Privileges Committee after the principal actors, Jime and Melaye, had apologised to the House.
“They apologised to the House and they apologised to Nigerians. The motion to refer it to the Ethics and Privileges committee has been reversed,” he said.

Ubani also said the House had granted a five-day extension to the committee to enable it complete its assignment, which has been affected by the death of a member of the House, Olusegun Oladimeji, from Oyo State, adding that the Speaker would now appear at a date to be chosen by the committee.

Similarly, he said the House had banned all members who have not been invited by the committee from going to the venue in an attempt to forestall a repeat of yesterday’s incident, adding that opposing camps in the House have resolved to stop holding meetings forthwith to give the committee a free hand to carry out their assignment, which he noted had been impaired by such activities.According to him, the overall objective of the House was to ensure that the committee was seen to be working effectively.


My defence, by Etteh
Meanwhile, Mrs. Etteh in her written defence said: “The need to renovate and upgrade the houses in question was conveyed to me by the management of the National Assembly when it drew my attention to the obvious lapses and inadequacies in the structures that ought to house the presiding officers.”

Her words: “First, it was pointed out by the management of the National Assembly in its memo to the Body of Principal Officers that the official residence of the Honourable Speaker had not undergone any major renovation since 1999. It, therefore, required major reconstructions, renovations and upgrade. I hereby submit the memo under reference as Annexure 1.“Second, it was observed by the management of the National Assembly that the entire complex as at time in question was bare of furniture and household utilities. By government policy, the life span of the official furniture is four years.“Therefore, it is the normal practice to renovate official quarters and provide furnishing when the tenure of the occupant expires.

“Third, apart from the fact that the complex required total furnishing, it was also confirmed that the structure of the houses needed major structural, civil, mechanical and electrical engineering works. Some parts leaked, admitting rain and other elements into the room; some walls had crated and there were other structural defects that needed to be rectified to restore the buildings to functional use. The external parts of the complex also required rectifications. The Federal Capital Development Authority, FCDA, had also written the Clerk of the National Assembly, copying the immediate past Speaker, indicting the imminence of the demolition of the security post a distance away from the main House.

“Four, since 1999, the Deputy Speaker of the House of Representatives has no official residence. The official residence of the Deputy Speaker was commissioned about a year ago but has remained uninhabitable. Mr. Chairman, Honourable Members, let me quote from the statement of the Management of the National Assembly in this regard: ‘The National Assembly wishes to put on record that the value of the contract for the upgrade works including security system in the cluster of structures at the official residence of the Honourable Deputy Speaker is N90,269,225.25 while furnishing and fittings cost N55,200,000. 00.

This residence has never been occupied, because it is not habitable. The compound is located adjacent to a stream, and this makes it marshy especially during the rainy season. It is also close to a major storm drain which regularly overflows with storm water that causes substantial damage to the precincts. Moreover, the compound adjoins an uncompleted and abandoned fire station as well as the only recreation facility for Apo quarters. It, therefore, demands extensive re-engineering works to enhance security, improve the technical status of the structures and avail the entire premises a facelift.’“This is tendered as Annexure 2.
Procedures and due process

“It was after exhaustive consultations on the best way forward that the management of the National Assembly invited, by selective tender, bids for the execution of the contracts to upgrade, renovate and furnish the official residences of the Presiding Officers. I understand that the recourse to the government-approved option of selective tendering was dictated by the desire to protect the security of the residents which are regarded as security sensitive.

“Mr. Chairman, I invite you to note that as Speaker of the House of Representatives, I am the Chief Executive of the House while the Clerk of the National Assembly is the Chief Accounting and Administrative Officer of the National Assembly. All correspondences to the House are addressed to the Speaker. Where correspondences are routed to any other person, approval to initiate action or any matter in relation to the House must be given by the Speaker.

“I further wish to place on record that since 1999, except for a brief period, I have served as a Principal Officer of the House. In that capacity, I had participated as a member of the Body of Principal Officers. I have thus gained experience in the operation of the Body and the National Assembly procedure for the award of contract.

“The established procedure was complied with in the award of the six contracts in question. I only participated, as usual, in the meeting as member of the Body of Principal Officer; in this case as the Chairman.

“The Body of Principal Officers was called upon at the Tenders’ Board meeting to approve the contracts based on the recommendations of the management of the National Assembly. Their recommendation and record of the decisions taken are contained in the memoranda and the minutes of the meting respectively which are already in your possession.

"It will interest members of the Committee to note that the memo to renovate, upgrade and furnish the residences of the Presiding Officers originated from the Office of Clerk of the House of Representatives. On receipt of the quotations, I minuted them to the Clerk of the National Assembly (CNA) to process. The CNA thereafter directed the Director of Estate and Works (DEW) to process and who in-turn passed same to the Chief Architect to analyse, vet and bring up. From the documents placed before me and the Body of Principal Officers, the Chief Architect confirmed to have carried out a comprehensive analysis of the bill of quantities which inevitably caused the reduction of the contract sum submitted by the lowest bidder from N242, 478,279.00 to N238,852,192.90 (see Annexure 3). For the avoidance of doubt, it is pertinent to state therefore that the contract for the renovation and upgrading of the residence of the Speaker was awarded at the recommended sum ofN238,852,192.90 and NOT N628,000;000 as being touted by those who are out to malign my good name and the office of the Speaker.
10 bedrooms, 7 sitting rooms others buildings in Speaker's residence

“Suffice it to say that the contract sum for works on the Speaker's residence was to be extended on renovating and upgrading of the main house which contains 10 bedrooms, seven sitting rooms, a private office, a study and other facilities.

“There were also a 3-bedroom Guest House, a 3-bedroom ADCs House, a 4-bedroom domestic staff House, a reception block, a radio room, a power house and lock-up garages. It was also to be expended on the construction of a new security house, relocation of the mosque in the compound, the construction of a chapel, furnishings, fittings, communication gadgets and one-year maintenance fee. This also applies largely to the Deputy Speaker’s house except that in his case, the fence of the compound, as a result of the precarious location of the house, needed to be upgraded. A generating set and security devices were to be purchase and installed.

“Mr. Chairman and Honourable Members, it may interest you to also know that of the contract sum of N238,852,129.90 only N59.7 million representing 25% of the contract sum has been paid to date. This amount (N59.7 million) was guaranteed by a bank bond of the value of Nl8l million.

“On the issues of purchase of vehicles, I wish to state that the 10 vehicles were for the use of all the Principal Officers of the House of Representatives as approved by the Revenue Mobilisation, Allocation and Fiscal Commission. Since it is generally accepted in civil service regulation that the life span of a vehicle attached to a public officers which they used for four years had been sold to them. This necessitated that new set of vehicles had to be purchased for the new principal officers. You may wish to know, Mr. Chairman and Honourable Members, that up to date the vehicles have neither been supplied nor paid for. It is therefore incorrect, mischievous and indeed a misinformation for anybody to say that, I the Speaker, purchased 10 vehicles for use.

Alleged pressure on management of the N/A to award contracts
“Nothing can be further from the truth. It is germane to state the circumstances under which the contracts were awarded.“First, the official residence of the Speaker is not an ordinary residence; it is also a symbol and reflection of the status of the House of Representatives. It is common knowledge that the official demands of my office as presiding officer of the House and, by the special grace of the Almighty God, the official number four citizen of our country, make it practically impossible to play host to all important national and foreign personalities during official hours. As the Speaker, I am entitled to a decent and secured environment where these categories of people can be received and hosted.

“It, therefore, became imperative to expedite work on the official residence of the Speaker, since my private residence at Gwarinpa was not suitable.

“It is worthy of note that after my election as the Speaker, I should have enjoyed the privilege of moving immediately into a Presidential suite in a five-star hotel for 107 days which would have gulped over N244,000,000.00 but I rejected this official hotel accommodation provided for me and elected to stay instead in my Gwarinpa private residence. I also directed the Deputy Speaker and all our aides to follow suit. We equally refused to take any money in lieu of hotel accommodation and none of our aides did.

“As a member and now as Speaker, I am committed to service. I am not in any way driven by extravagance, comfort or personal gain. Any responsible officer eager to perform would definitely keep on their toes all those whose duty it was to ensure that the renovation and upgrading works were completed on time to enable us move into our official residences.
Possible lapses in contractors documents

“I wish to state categorically that it is not my responsibility as Speaker or Chairman of Body of Principal Officers to vet contract documents. In all the tender and contracts award documents before you, there was no place where the management that proposed, vetted and recommended the contracts and contractors to the Body of Principal Officers drew our attention to any defect in the documents.

“Notwithstanding, I did not fail to exercise political judgment and due diligence. Permit me Mr. Chairman to quote the minutes of the meeting in issue where clarifications were sought from management:I present the minutes as Annexure 4.Conclusion

“Mr. Chairman and Honourable Members, from the foregoing it is evident that the allegations against my person and office are tissues of lies, misinformation and blackmail. The orchestrated and well oiled negative campaign against me was designed to tarnish not just my image and integrity but to dent the image of the House and foist permanent instability in an otherwise relatively peaceful and stable House. Democracy can only thrive when you have a stable, virile and focused legislature.

“The House of Representatives since the days of former Speaker, Honourable Ghali Umar Na’Abba, and up to date has enjoyed reasonable stability. This has made it possible for the House to exercise its independence, carry out effectively its law-making and oversight functions. The present attempt to destabilise the House using personal and parochial issues should not be allowed to derail our focus.

“Mr. Chairman and respected Members of this Committee, I have established from my body of evidence that:•There was an obvious need to renovate, upgrade and furnish the residences of the Speaker and Deputy Speaker. The case for such work was clearly established by Management of the National Assembly even before I became Speaker.

•There was an obvious need to purchase the 10 Nos vehicles for the principal officers of the House as approved by the Revenue Mobilisation, Allocation and Fiscal Commission and funds provided for in the 2007 Appropriation Act.

•The Tenders Board of which I am the Chairman acted on the professional advice of the Management of the National Assembly who themselves are members and were present at the meeting. Their recommendations and the decisions reached are in the memoranda and minutes of the meeting already in your possession. Mr. Chairman, financial and administrative competence of the management.

•The contract sum for the renovation and upgrading of the residence of the Speaker is N238,852,198.95 and not N628,000,000•The contract sum for the renovation and furnishing of the Deputy Speakers residence is N90,269,225.25 and N50,200, 000.00•The Speaker’s residence comprises the main house which contains 10 bedrooms, 7 sitting rooms, a private office, a study and other facilities. There was also a 3-bedroom Guest House, a 3-bedroom ADCs House, a 4-bedroom Domestic staff House, a reception block, a radio room, a Power House and Lock-up Garages.

•The vehicles for the Principal officers have neither been supplied nor been paid for.•Out of the contract sum of N238,852 198.95 only N59.7 million has been paid to date and this amount is guaranteed by a bank bond for a value of N18l,000 million.

•As at today, no money has been paid in respect of the upgrading works or the furnishing of the Deputy Speaker’s residence.•It is my responsibility as Speaker and Chairman of the Body of Principal Officers to process Contract documents.
I remain patriotic —Etteh

“Mr. Chairman and Honourable Members, my pledge to Nigeria is that I will remain patriotic in the discharge of my duties to the House and the people of Nigeria.
“Finally, Mr. Chairman, the motion which led to the setting up of this Committee prayed the House do set up an independent Ad-hoc Committee cutting across parties to thoroughly investigate the matter with a view to restoring the integrity of the House and its leadership.

“I have faith in your impartiality and independence and I am confident that my testimony this day has cleared the hazy clouds hovering over this matter and that I have succeeded in restoring the integrity of the House and its leadership.“May God bless you as you discharge your assignment without fear or favour, or ill-will.”

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Implications of ex-governors’ trial

Retired Justices Kayode Eso and Mustapha Akanbi have one thing in common. It has nothing to do with being distinguished jurists in the Bench and indeed in the legal profession. Like another legendary jurist, Justice Chukwudifu Oputa, the views of Eso and Akanbi command a great public appeal each time they choose to speak.

Shortly after he became the Chairman of the Independent Corrupt Practices and Other Related Offences Commission, Akanbi did a critique on corruption in Nigeria and concluded that four main factors were responsible for its being endemic in public life. Then, Nigeria was ingloriously rated the third most corrupt in the world. These he said, include lack of political will to fight graft on the part of successive military leaders and inconsistency in government policies; reluctance by the nation’s law enforcement agencies to arrest and prosecute some “sacred cows.” He said the corrupt few had the effrontery to carry on with impunity and profligacy because nobody challenged their sources of opulence different from what is obtainable in advanced democracies of the world.

In the advanced democracies such as the United States, abuse of public office for personal benefit, constitutes a serious breach of trust. So, any corrupt official, no matter how highly placed, is not treated with kid gloves. Some good examples will suffice. A member of the US Congress, Randy “Duke” Cunningham resigned from Congress after allegedly confessing to evading taxes and being involved in bribes totaling $2.4 million. Another lawmaker, James A. Traficant (D-Ohio) was convicted in 2002 of 10 charges of racketeering, bribery and fraud. There was also the case in the state of Georgia, a former Senate Majority Leader, Charles Walker, was jailed for 10 years for misusing his position as a lawmaker. He was alleged to have stolen about $425,000 from a charity he created.

In Chile, the former leader, Augusto Pinochet was indicted on charges of fraud and corruption, while in Asia, the authorities in Bangladesh, in 2004, established an Independent Anti-Corruption Commission as part of efforts to prove that it meant business in its anti-corruption crusade. It quickly prepared a list of popular persons, including former ministers, legislators, business tycoons and labour leaders. It directed the persons to furnish the ACC with information on their wealth and assets within specific time. Some of those who were considered to be sacred cows because of their awesome influence and contacts were soon rounded up and detained and a few of them were tried and convicted like a former state minister, who was convicted for possessing and earning revenues from illegal assets.

In Nigeria, many blamed section 308 of the 1999 Constitution that protects the president, vice-president, governors and deputy governors against civil or ciminal proceedings while in office. It says, “A person to whom this section applies shall not be arrested during that period either in pursuance of the process of any court or otherwise.”

Former governor of Bayelsa State, Diepreye Alamieyeseigha, was the first state chief executive to run into trouble with the EFCC over allegations of abuse of office. His counterpart in Plateau State, Chief Joshua Dariye managed to sustain hide-and-seek with operatives of the commission until last week. He and others like the former governor of Jigawa State, Aminu Turaki; Dr. Chimaroke Nnamani of Enugu state and Orji Uzor Kalu of Abia State, are currently facing the crucible of the EFCC over alleged gross abuse of public office ranging from money laundering to diversion of huge public funds.

The ongoing onslaught against the former governors came at the time most people thought that the EFCC was treating these personalities accused of graft like sacred cows. This was because most of them had begun to assume the role of kingmakers in the present dispensation. A couple of them, who had played a leading role in the eventual victory of Yar’Adua at the poll did not only become regular visitors at the Presidential Villa, but gave the impression that they were soon to be appointed as members of the kitchen cabinet of Mr. President.

Critics even saw the initial invitation of the former governors for interrogation by the operatives as diversionary. It was not until one of them was detained by the EFFC and charged to court that it dawned on some of the critics that the battle against them was after all real. And Chief Edwin Ume-Ezeoke, who is the National Chairman of the All Nigeria Peoples Party, is among Nigerian leaders who saw the EFCC action as a confirmation that the government had derived the political will to confront corruption in the country. He was excited that the authorities were following due process in the matter. He said, “The political implication is that if the trials succeed, it will serve as deterrent to future occupants of such office, to commit any criminal offences of that nature. The process of trials itself has been a bit credible. The legal aspects of this shows that the rule of law has come to stay and the judiciary has finally gained its independence and authority.

“What the government had done was a major departure from what was obtainable in the past. And it looks like we might see more of that in the future. EFCC is now being given a free hand to perform its function. I am satisfied with the EFCC especially its pursuit of due process. I was so impressed that even before they arrested them, the EFCC first of all went to court for clearance. It was after the court ordered for their arrest, that they issued arrest warrants. It was after then that they proceeded to arrest the culprits. I think based on that, they need to be commended.”

Senator Abubakar Makarfi from Bauchi State noted: “The whole process will in a way instill some fears and discipline in the serving governors that government purse should not be looted. It will be in their minds while running their respective states. It will help the polity because we will recover those ill gotten wealth from the looters and there will be enough money in the purse to deliver dividends of democracy to the people. But more important is that it will serve as deterrent to serving governors. Because, if nothing is done to punish the former governors who have looted the treasury, it will encourage those coming in to do even worse.”

On the allegations that there are bigger thieves who are allowed to walk freely in the street, he said, “ I don’t want to agree because EFCC has just started and has not concluded. They cannot do everything at once. And the way it is going, if it has to get to the presidency why not? But I think I am truly satisfied. On whether the government possesses the political will to pursue the case; he said, “It is now left to the judiciary. And we must give kudos to the judiciary in this country. It is another arm of government that is handling it and not the executives. Once the EFCC has been able to establish a case against these people and take the case to court, it is left for the judiciary. And I have a very strong confidence in the judiciary.”

A former Chairman of the Onitsha branch of the Nigerian Bar Association, Chief Obele Chika, said, “The EFCC has done well by not engaging in Gestapo-like style in prosecuting suspects. It is commendable that they have taken them to court. On a serious note the EFCC justified the arraignment and we expect it to continue. The political implication is that it has helped the illegitimate government of President Umaru Yar’Adua politically. It is a plus for the government; a government I do not recognise because it was borne out of electoral infamy. It will also serve as warning to intending treasury looters that the anti corruption war is still here with us.”

But another prominent citizen, Dr. Wale Omole believes the action of the EFCC was belated though necessary if the nation must restore its dignity as the leading black nation in the world. He remarked that most Nigerians had hidden under the immunity clause in the 1999 Constitution to pilfer the commonwealth of the people of Nigeria. “Nigeria being severally declared one of the nations with the highest indices of corruption in the world is probably the only nation where the laws permit an incumbent president or governor to keep on committing crimes until expiration of his tenure. The official immunity they enjoy allows them free access to crimes and no EFCC, ICPC, SSS or Police can stop, investigate or harass them even when they steal all the public funds in their care or kill their political opponents. To them all these anti corruption agencies are spectators or noisemakers.”

Omole though, not against the onslaught of the EFCC against the former governors, said the action was coming too late because of the negative consequences of their activities on the society. He blamed the immunity clause in the constitution for the flagrant abuse of office by public officers. He said, “Today, the EFCC is arresting ex-Governors who have been indicted for stealing the state money. Their arrest, detention and prosecution is meaningless. Is this not medicine after death? Is this not similar to a law that prevents a fire fighter from action until after a public property has been fully consumed by fire? People cannot be slaves to their laws. Where is the wisdom in the law of a land that assists and protects a stealing officer while stealing and to keep stealing until official termination of the tenure which may last four or eight years? Can the EFCC recover one quarter of all stolen funds? Look at the huge amount of resources being committed to the arrest and prosecution. All these were preventable. Any law that prescribes deferred justice must be repealed.”

Not a few are still skeptical that the current effort might be a mere smokescreen because of the manner cases of corruption involving some public figures were fraudulently handled in the past. The slogan had always been, ‘It’s a family affair’, each time there was a major scandal involving members of the ruling elite. People are of the belief that the onslaught against the former governors are meant to satisfy certain political interest, which has certain scores to settle with some past leaders. Others say the exercise was merely salutary because it was a case of the bigger thief gaining an upper hand over the smaller ones. The radical lawyer, Chief Gani Fawehinmi (SAN) belongs to this school of thought. Ditto the second republic governor of Kaduna State, Alhaji Balarabe Musa.

The position of both men is informed by some unanswered questions about the billions of Naira that were either siphoned through phony deals during the military era or squandered on the Turn-Around-Maintenance of the nation’s oil refineries beginning from 1999. No one has accounted for the huge public fund channeled into the energy sector that has remained epileptic. Some critics also cited the transport sector where the federal Government pumped billions of Naira into railway and federal highway projects. Yet, the transport is still in a despicable condition.

How far can the EFCC nay the government go on the current anti-graft war? Does the government possess the political will to actually prosecute the war? Makarfi, Omole, and others shared different views on the matter. Omole advocated a drastic change of attitude.

Omole, who is the National Coordinator of a non-governmental organisation, Peoples Problems and Solution, said, “ The Senate should strip all serving governors of their immunities. No honest Governor or President needs immunity. This should be a top priority in the proposed constitution amendment. The president of America, Bill Clinton was investigated for sexual harassment while in office. If all are equal before the law, no one should have immunity. This would earn Nigeria a better credibility in the comity of nations and our anti-corruption crusade would become meaningful to the world.”

Obele said, “ And only that , the EFCC should expect that any evidence that is needed to sustain this case are made available. And if they are not yet available they should try and bring out further evidences that are sufficient to secure conviction of these people at all cost. Because theses treasury looters should face the worst punishment that has not been prescribed for any kind.”
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DAVID MARK EMERGE NEW SENATE PRESIDENT

Senator David Bonaventure Mark representing Benue South Senatorial district has been elected as the new Senate President of Nigeria.


He polled 68 votes to defeat the second contestant chief George Akume former Governor of Benue State representing Benue North West Senatorial district. Senators Aliyu and Gbemisola Saraki who will also nominated for the position of Senate President stepped down.

Senator David Mark, two time Military Governor and a former Minister of Communication retired from Nigerian Army as a Brigadier General. He has been in the Senate since 1999 and also chaired many Senate Committees.

In the same vein, Senator Ike Ekweremadu representing Enugu West Senatorial district was unanimously returned as deputy Senate President. He is returning to the Senate second time having been elected Senator in 2003.

Subsequently, oaths of office and allegiance were administered on both David Mark and Ike Ekweremadu as President and Deputy Senate President by the clerk of the National Assembly Alhaji Nasiru Arab.

This election of David Mark as new Senate President confirms the earlier decision by the PDP caucus to zone the position to North Central Geo- political Zone of Nigeria and the directive to its members to support the candidature of Mark.
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CBN Gov: senate now to decide appointment and removal

According to the new CBN Act 2007, signed into law May 25, 2007 by former President Olusegun Obasanjo, the appointment of deputy governors and non-executive directors for the apex bank would also go through Senate confirmation.

Also in the Act is a provision that anyone who marches, hawks, mutilates or sprays the nation’s currency, the naira, during social occasions would be deemed to have committed an offense and shall be liable to six months imprisonment and or a fine of N50, 000.
The new Act, was gazetted early this month. It also expressed the autonomy of the CBN, recognising it as an “independent” institution, with full financial independence, as well as in the execution of its mandate.

The Act, which repeals the CBN Act 1991, states in part: “The Governor and Deputy-Governors shall be persons of recognised financial experience and shall be appointed by the President subject to confirmation by the Senate on such terms and conditions as may be set out in their respective letters of appointment. He may, under the circumstances specified in the Act, be removed from office by the President, provided that removal is supported by two-thirds of the Senate”.

“The Governor and Deputy Governors shall be appointed in the first instance for a term of five years and shall each be eligible for re-appointment for another term not exceeding five years. Provided that, of the first Deputy Governors to be so appointed, one shall in the first instance be appointed for three years and two shall in the first instance be appointed for four years,” the Act reads in part.

On the appointment of the five directors of the apex bank, the new Act states that “the five Directors of the Bank shall be appointed by the President subject to confirmation by the Senate and in appointing the five external Directors of the Bank, the President shall have due regard to a fair representation of the financial, agricultural, industrial and commercial interests and the principle of Federal Character.”

The new Act also spelt out punishment for anybody that refuses mutilated or refuses to accept the Naira.
“A person who refuses to accept the Naira as a means of payment is guilty of an offence and liable on conviction to a fine of N50, 000 or 6 months imprisonment: Provided that the Bank shall have powers to prescribe the circumstances and conditions under which other currencies may be used as medium of exchange in Nigeria.

“A person shall, who tampers with a coin or note issued by the Bank, be guilty of an offence and shall on conviction be liable to imprisonment for a term not less than six months or to fine not less than N50,000 or both such fine and imprisonment.

“A coin or note shall be deemed to have been tampered with if the coin or note has been impaired, diminished or lightened otherwise than by fair wear and tear or has been defaced by stumping, engraving, mutilating, piercing, stapling, writing, tearing, soiling, squeezing or any other form of deliberate and willful abuse whether the coin or note has not been thereby diminished or lightened.

“For the avoidance of doubt, spraying of, dancing or matching on the Naira or any note issued by the Bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note, shall be punishable under Sub-section (1) of this section,” the Act also reads.

Commenting on the independence of the CBN, the Act stated that, “In order to facilitate the achievement of its mandate under this Act and the Banks and Other Financial Institutions Act, and in line with the objective of promoting stability and continuity in economic management, the Bank shall be an independent body in the discharge of its functions. Subject to the limitations in this Act, the Bank may acquire, hold and dispose of movable and immovable property for the purpose of its functions.”The new Act, which now requires the CBN to furnish the National Assembly with its annual accounts and financial statements, also gives the banking watchdog greater flexibility in the selection of instruments and assets in which to invest the nation’s external reserve.

The new Act also requires the CBN to ensure monetary and price stability and to act as economic and financial adviser to the Federal Government while it raised the apex bank’s authorised capital from N300 million to N100 billion and extended membership of the board to include Accountant-General of the Federation.

Due to the various weaknesses of the CBN Act 1991 (with its various amendments), the Federal Executive Council deliberated on various amendments in three special sessions last year with a view to repealing the existing Act and re-enact a new law that would not only put the Bank in tune with international best practices but also strengthen its capacity to effectively and efficiently deliver on its core mandates.

Consequently, an extensively revised CBN Bill was sent to the National Assembly in late 2006, as well as the Bank and Other Financial Institutions Act (BOFIA). After long delays and scrutiny, the National Assembly finally passed the CBN Act early last Month, and former President Obasanjo assented to it and the Act was gazetted.
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