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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