Nigeria’s House of Scandals
“Integrity is necessary for
systems and institutions to be strong. Today, rogues, armed robbers are in the
state Houses of Assembly and the National Assembly. What sort of laws will they
make? - Former president Olusegun Obasanjo while
speaking at the fourth Academy for Entrepreneurial Studies, Nigeria Annual
Conference, held in Lagos in May 2012
On Wednesday June 6, 2012 Nigeria’s
Senate and House of Representatives had a low key celebration of the end of
their first session in the 7th Legislative Assembly. They commended
themselves for having helped to stabilized Nigeria’s democracy. The importance
of legislature in a democracy cannot be underestimated or over-emphasized. The
parliament is the linchpin on which democracy rests. Populated by the elected representatives of
the people, parliaments make laws for the peace, order and good government of
the country; approve annual and supplementary budgets of the government;
oversee the performance of government Ministries, Departments and Agencies;
approve nominations into key government positions, etcetera. This they do in consonance with Sections
4 and 88, among other sections of the 1999 constitution (as amended).
By the provisions of
Section 4(2) of the Constitution, the National Assembly shall have power
"to make laws for the peace, order and good government of the Federation
..." Section 88. (1) says
“Subject to the provisions of this Constitution, each House of the
National Assembly shall have power by resolution published in its journal or in
the Official Gazette of the Government of the Federation to direct or cause to
be directed investigation into - (a) any
matter or thing with respect to which it has power to make laws, and (b) the conduct of affairs of any person,
authority, ministry or government department charged, or intended to be
charged, with the duty of or responsibility for - (i) executing or administering laws
enacted by National Assembly, and (ii) disbursing
or administering moneys appropriated or to be appropriated by the National
Assembly. (2) The powers
conferred on the National Assembly under the provisions of this section are
exercisable only for the purpose of enabling it to - (a) make laws with respect to any matter
within its legislative competence and correct any defects in existing laws; and
(b) expose corruption,
inefficiency or waste in the execution or administration of laws within its
legislative competence and in the disbursement or administration of funds
appropriated by it.
As highlighted above, the
National Assembly has the constitutional responsibility to expose corruption,
inefficiency or waste (S. 88(2b). It is
in respect of this power that the Speaker of House of Representatives, Rt. Hon.
Aminu Tambuwal in January set up Hon. Farouk Lawan Ad Hoc Committee to probe
fuel subsidy regime in Nigeria. The
committee tabled its report on April 18 while it was adopted on April 25. One of the Nigerian newspapers, The Guardian, has this to say about the
report: “the lawmakers in their 61-point recommendations, displayed the
roll-call of institutions, private enterprises that ran a well-organized
corruption regime, where both state officials and their private cohorts denied
Nigerians the benefits of the subsidy policy, diverted public funds,
over-invoiced fuel imports, and collected rebate for them.” The highlights of the report included its
recommendation of the refund of N1.067 trillion to the federal purse; the call
for the unbundling of NNPC to make its operations more efficient and
transparent; the request for quick passage
of a well-drafted and comprehensive Petroleum Industry Bill (PIB);
the directive to NNPC to stop any form of deductions not captured in
Appropriation Act before remittance to the Federation Account, and the request
that the corporation should submit its transactions to the operational
guidelines of the subsidy scheme.
Civil right groups, media and the
wider Nigerian public have been
pressurizing the federal government to implement the report of the probe report
until facts emerged recently that indeed the chairman of the probe panel Farouk
Lawan had cut a deal with one of the fuel marketers in order to protect the
company’s interest. It turned out that Rep.
Lawan had demanded a princely sum of $3 million from Mr. Femi Otedola, Chairman
of Zenon Oil and Gas out of which he had received a cumulative sum of $620,000.
Unknown to him, it was a sting operation which was carried out by the men of
the State Security Services (SSS) after a formal complaint was made by Mr.
Otedola to them. The paid sums were marked currency notes and the whole deal
was taped.
On
June 10, Hon Lawan vehemently denied the allegation. At
a press briefing in Abuja on that day he said, “I categorically deny that I or
any member of the committee demanded and received any bribe from anybody in
connection with the fuel subsidy probe and I believe that this is evident from
the thorough and in-depth manner the investigation was carried out. The present
mudslinging is not unexpected in view of the caliber of people whose actions
and inactions were found wanting in the report. I am aware that in their
desperation to discredit the report and divert attention of the public from the
real issues of large scale fraud in high places established in the report, a
video footage displaying a caricature of my person allegedly having a dealing
with a marketer, reminiscent of the military era when dignitaries were invited
to the villa to watch a video clip of a phantom coup involving Chief Olusegun
Obasanjo, is already in circulation.” He was later to confirm that he indeed
collected the said amount from Mr. Otedola but that he intended to tender same
as bribery evidence. What a volte face!
Who would have thought that Mr. Integrity and a ranking member
of the House of Representatives (a Fourth Timer) would be easily entrapped by
filthy lucre? This is the same man Nigerians, including myself, see as one of the
few heroes of our democracy. Hon. Farouk had in 2007 led the integrity group in
the House of Representative that ousted first female Speaker of House of Reps
in Nigeria, Patricia Olubunmi Etteh who was accused of wanting to spend a
mind-blowing amount of N238 million to renovate and upgrade a
set of five buildings. Most Nigerians see Farouk Lawan as bold, courageous,
smart, honest and incorruptible. Alas, Ayi Kwe Ameh was right after all when he
titled his classic novel, ‘the Beautiful Ones Are Not Yet Born’. There is no doubt that the corruption allegations rocking
the fuel subsidy probe panel has tainted the integrity of the report as there
are several other allegations in the media that members of the committee must
have collected bribe money in the neighborhood of N11 billion from different
oil marketers. It is good that Hon. Lawan is currently telling the police all
he knows about this scandal while the House at its emergency sitting on Friday,
June 15 did the right thing by suspending the embattled Rep. I do hope he gets
fair trial in court.
It is not the first time corruption allegations are being
leveled against committees of the National Assembly and indeed House of Reps
committees. In 2008, Hon. Ndudi Elumelu’s Committee was widely acclaimed to
have done a yeo-man’s job by unraveling corruption in the Power Sector. Shortly
after, Hon. Elumelu, Senator Nicholas Ugbane and eight others were accused of
involvement in the mismanagement of N5.2 billion earmarked for rural
electrification nationwide.
In 2010, immediate past Speaker of House of
Representatives Hon. Oladimeji Bankole was alleged to have been involved
neck-deep in N2.3 billion car purchase scandal. Again, the Group of 11 (G-11)
who called themselves “Progressive Minded Legislators” led by Hon. Dino Melaye
alleged a fraud of N9 billion contract scam against the Speaker. They even went
as far as submitting petitions to the chairperson of Economic and Financial
Crimes Commission (EFCC) on Monday, 21 June and ICPC on Wednesday, 23 June,
2010. In the words of Dino Melaye,
"We have documents to prove that some items approved by the Body of
Principal officers of whom the Speaker Dimeji Bankole is the chairman were
inflated.”A unit of 40-inch LCD TV set was purchased for N525, 000 each,
contrary to the price list by the Bureau of Public Procurement and market price
of N180, 000 by Samsung. "While three bullet-proof Mercedes Benz cars were
bought for over N50m each, two Range Rovers were bought for N57m each.” The
House leadership was further alleged to have bought torch-lights, car seats,
fire extinguishers and sundry items for members at inflated price.” The former
Speaker has since been charged to court and is currently answering corruption
charges.
Also in March 2012, former House Committee on
Capital Market, Hon Herman Hembe was accused by the now suspended Director
General of the Security and Exchange Commission, Ms. Arunma Oteh of demanding
for a sum of N44 million for sponsorship of the probe of Capital Market. She also accused the lawmaker of collecting
estacode and other travelling allowances for a foreign trip from SEC but
neither went nor returned the money. Hembe subsequently resigned his
chairmanship of the House Committee while he is currently being prosecuted in
the court.
These are just few of the many corruption charges
dogging and trailing different committees of House of Representatives. Let no
one be deceived that it is only the House that has dirty linen, even the Senate
has previously been embroiled in corruption allegations. There had been N54
million bribe-for-Senate-confirmation allegation by a former Minster of Federal
Capital Territory, Nasir El-Rufai against some Senators. There was also the N55
million bribe-for-budget scandal that embroiled the Senate and House of Reps
committee on Education in 2004 or thereabout.
Was former president Obasanjo not right after
all considering the on-going controversies rocking the House of Reps committee
on fuel subsidy? Whatever the development, I do hope President Goodluck
Jonathan will keep to his word by ensuring the full implementation of the
subsidy report and that House of Reps and indeed our National and State Assemblies
will learn from the unfortunate incidences of the past and redeem themselves.
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