Reps attack El-Rufai as Dogara unveils his pay

House to governor: face your problems

oHw much does a member of the House of Representatives earn?

Nigerians got a rare insight into the package – for long a well kept secret – yesterday, with House Speaker Yakubu Dogara tendering a copy of his November 2016 pay slip.

The net pay is N346,577.87, according to the little document.

The basic salary is N206,425.83. There are constituency allowance (N175,461.96); and recess (N20,642.58).

A monthly deduction of N55,952 is made for the Pay As You Earn (PAYE) tax.

According to the October 2016 payroll, the Speaker is on Grade Leve CO8.

The release of the pay slip is in response to Kaduna State Governor Nasir El-Rufai’s challenge to lawmakers to publish their earnings.

Dogara had told El-Rufai to publish details of his security vote after asking the National Assembly to publish details of its N115 billion 2016 budget.

The governor responded on Monday. He said his monthly pay is N470,521:74. His security votes for the year is N4.556 billion, spent on CCTV cameras, and drones.

Other details of the governor’s pay are Income Basic Salary (N185,308.75); Hardship Allowance (N370,617.50); Gross Pay (N555.926.25); PAYE (N85,401.51 deduction.

The House yesterday advised the governor to face his state’s problems and stop distracting the National Assembly.

Besides, it faulted El-Rufai’s response, saying he published “the security budget of Kaduna State and not his security vote expenditure as such”.

Reading from a prepared speech titled: “Mallam Nasir El-Rufai should concentrate on Kaduna State and stop undermining the National Assembly,” to reporters, House Committee on Media and Publicity Affairs, chairman Abdulrasak Namdas said El-Rufai was ignorant of the finances of the National Assembly and that “we decided to respond only to correct some factual inaccuracies and set the records straight”.

He statement reads as follows: “Nigerians may recall that the Rt. Hon. Speaker on Friday April 7, 2017 in response to calls by Kaduna State Governor Mallam Nasir El-Rufai disclosed that the leadership of the National Assembly had directed the bureaucracy and all other agencies under the National Assembly to make available details of their annual budgets beginning from 2017 budget which is still under consideration in the parliament.

“Nigerians may further recall that the Rt. Hon. Speaker requested Kaduna State Governor El-Rufai, who is known for his consistent advocacy for openness in the budget of the National Assembly, to, in the spirit of good governance, transparency and accountability, extend his campaign to other arms and tiers of government, beginning from the Judiciary, to state governments and Local Governments. The Speaker specifically urged Malam El-Rufai who has been championing this cause to impress on his colleagues (governors) to disclose their security votes and also publish what they do with local government funds under their jurisdictions.

“Thus, the call by the Speaker was for Malam El-rufai to extend his advocacy on transparency and accountability to other arms and tiers of government in order to remove the lid of secrecy that has beclouded expenditures at the state level led by his colleagues, especially on their security votes and not the states’ security budget. We note that what Malam El-Rufai published was the security budget of Kaduna State and not his security vote expenditure as such.

“We wish to advise the Kaduna State Governor, Mallam Nasir El-Rufai, to concentrate his efforts in Governing Kaduna State and stop undermining and distracting the National Assembly in playing its constitutionally assigned role in nation building. He launched an attack on the National Assembly on Friday, 7th April, 2017 and continued on Monday 10th April 2017.

“We are aware that there are serious security issues he should be grappling with in Southern Kaduna and other governmental issues facing him. He should not give the impression that he has no challenging work to do in Kaduna State. These attacks are coming on the heels of his now famous letter to Mr. President, Muhammadu Buhari, GCFR, where he made strenuous effort to undermine his government by openly lampooning him when he has unhindered access to His Excellency, Mr. President. As a senior citizen, he has a responsibility not to unnecessarily overheat the polity with tendentious and unfounded outbursts.

“The National Assembly Budget is not opaque. Since 2010 when the Constitution was amended and National Assembly was placed on the first line charge, its budget became part of Statutory Transfers, together with the Judiciary, INEC and others. You cannot find details of the Budget of the Judiciary and INEC in the National Budget. It exists elsewhere. Of course from 1999 to 2010, the details of the National Assembly Budget was (sic) contained in the National Budget.

“The leadership of the National Assembly has already directed the Clerk to the National Assembly to publish details of the National Assembly Budget from 2017 and so to continue to repeat the same call made three days earlier smacks of propaganda and cheap blackmail.

“The Kaduna State governor chose to give headings of its budget on security related matters. Maybe he will give further details of actual security expenditures at the appropriate time. He claimed that the state’s accounts have been audited. No grounds have been broken here. The response by the Kaduna State Governor completely missed the point. Mr. Speaker’s call was for El-Rufai to extend the campaign for openness and transparency to other arms of government, including the governors’ expenditures on security votes and local government funds. He merely doubled down on his campaign on National Assembly Budget, leaving out the other aspects of Mr. Speaker’s request.

“The Kaduna State governor claimed that ‘in 2016, the National Assembly budget for its 469 members was larger than the entire budget of several Nigerian states’.

“This statement is patently misleading and a terrible display of ignorance and falsehood or a deliberate attempt to blackmail the parliament. For the avoidance of doubt, the National Assembly budget includes the salaries, allowances, expenditure and running cost of 469 members. It includes the salaries, allowances of about 3,000 legislative aides; it includes the salaries, allowances, equipment and maintenance of about 5000 staff in the bureaucracy of the National Assembly.

“The National Assembly has agencies too. The National Assembly Service Commission has a staff strength of about 500. The National Institute for Legislative Studies is also a parastatal of the National Assembly that serves as a legislative think-tank and a highly rated academic institution, which serves not only the National Assembly but also State Houses of Assembly and the international community. It is currently building its headquarters, which is world class. It has to be funded. El-Rufai’s mischievous publication carefully ignores the fact that the Bureaucracy of National Assembly and its agencies and 469 members need travel and transport support. They require medical attention, offices, equipment and all the support available to others in the public service.

“El-Rufai conveniently forgot that the National Assembly has buildings to build and maintain. He discountenanced the need for training and re-training of staff and even capacity building for members. The narrative is such that he excludes the need for National Assembly members and bureaucracy to attend conferences both local and foreign. Some of the most critical work the National Assembly does is Oversight. It costs a lot of money to conduct proper oversight of executive agencies to save money and ensure governmental efficiency for the Nigerian people. Public Hearings by the National Assembly and its Committees have become a regular feature of our democracy, because citizen engagement and consultation is cardinal for running a democratic government. It costs a lot of money.

“It is most uncharitable to ignore the fact that the National Assembly is an arm of government, not a department in the Executive branch. The Budget of so many agencies in the Executive is higher than that of National Assembly, an arm of government. Such agencies as NCC – N102billion, CBN – N421billion, NPA – N250billion, NIMASA – N100billion, FIRS – N146billion, Customs – N81billion and NNPC whose budget runs into trillions are some examples. Indeed, the National Assembly Budget is about 2% of the National Budget.

“Yes, the National Assembly has voluntarily agreed to publish its Budget from 2017, as a responsible and accountable democratic institution. What happens to 98% of the National Budget should engage our attention too. We are sure that if 10% of the public scrutiny National Assembly receives is also devoted to those spending the other 98%, Nigeria would be better for it.

“I am directed by the Hon. Speaker, Rt. Hon. Yakubu Dogara, to also in the spirit of transparency release his pay slip for the past six months from October 2016 to March 2017, for your information.”

N23b Diezani Bribe: INEC suspends 205 employees

•Commission refers National Commissioner, RECs to Presidency

The independent National Electoral Commission( INEC) yesterday said out of N23billion poll bribery cash, about N3,046,829, 000 was traced to some of its staff involved in 2015 general elections.

The commission has also referred a National Commissioner and five Resident Electoral Commissioners( RECs), who were implicated in the bribery scandal, to the presidency for disciplinary action.

It said it has suspended 205 pending the final determination of cases they have with the Economic and Financial Crimes Commission( EFCC).

But following insufficient information, 70 other staff have been referred back to EFCC for further investigation.

These disciplinary measures were contained in a statement by the National Commissioner and Member, Information and Voter Education Committee of INEC, Mallam Mohammed Haruna.

For the first time, INEC admitted that

The statement highlighted major decisions taken by INEC management on the report of a panel it set up to look into the poll bribery scam allegedly facilitated by a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.

The statement said: “The Commission met today to consider the report of its expanded Appointment, Promotion and Disciplinary Committee on the EFCC Interim Report on Bribery Corruption and Money Laundering Charges During the 2015 General Elections.

” You may recall that late last year, the Commission received an Interim Report from the EFCC detailing allegations against 202 serving and retired INEC officials and staff in 16 States of the Aa

” In furtherance of its zero tolerance for corruption in the electoral process, the Commission ordered a thorough investigation into the allegations to establish the culpability or otherwise of those named in the EFCC Report.

“The committee’s work was thorough and painstaking, involving issuance of queries to the 202 staff mentioned in the Report and interviewing them individually in accordance with the principle of fair hearing and in consonance with INEC Staff Conditions of Service.

“As a result of initial findings of the Committee, an additional 80 serving officials of the Commission, who were not named in the EFCC report but whose names came up in the course of the investigation, were also queried and interviewed.”

The statement gave the details of disciplinary measures which INEC has taken against its staff.

The statement added: “Among other things the Committee found that:

“There was a clear attempt to bribe INEC staff to influence the outcome of the 2015 general elections using an NGO, the West African Network of Election Observers (WANEO), made up mainly of retired senior INEC officials.

“Out of over 23 billion Naira, which the EFCC report said was used to influence the elections, the Committee established that 3,046,829,000 Naira was received by INEC staff in 16 States.

“In reaching its decision on the findings of the Committee, the Commission adhered strictly to the INEC Staff Conditions of Service. The Commission therefore decided as follows:

* The cases of one former National Commissioner, 5 former Resident Electoral Commissioners (one of them deceased) have been referred to the Presidency and EFCC for further necessary action.

* Based on their level of involvement, two hundred and five (205) serving INEC staff will be immediately placed on Interdiction, which entails suspension from duties and being placed on half salary, pending the final determination of the cases they have with the EFCC.

* Seventy staff (70) about whom there was insufficient information regarding their involvement will be referred back to EFCC for further investigation and possible prosecution.

“The Commission hereby reiterates its commitment to defending the integrity of the electoral process. Therefore, it will continue to take stern action against its officials who compromise its core values of integrity, transparency and impartiality in the conduct of elections.”

Sheriff is PDP chairman, says Akaagerger

  Former Military Administrator of Katsina State, Senator Joseph Akaagerger, has said Alhaji Ali Modu Sheriff ought to be given due recognition as the National Chairman of the Peoples Democratic Party (PDP) in any gathering of party members.

Akaagerger made the statement against the backdrop of the peace meeting organised by former President Goodluck Jonathan, where Sheriff walked out because he was not allowed to address the members in his capacity as the national chairman.

 Sheriff, who walked out of the meeting with his National Working Committee (NWC) members, said: “We are here for PDP stakeholders meeting and the PDP has only one national chairman, which is Ali Modu Sheriff. There is no PDP meeting that will take place under whatever arrangement that I will not open the session as national chairman. Today, I’m the most senior member of this party.”

Akaagerger, a loyalist of Sheriff from Benue State, wondered why people were not talking about the refusal to duly recognise the national chairman at the meeting, but only focusing on his walk-out.

The ex-Benue North East Senator said: “Our focus rather ought to be directed to the failure to accord Senator Sheriff due recognition as National Chairman of the PDP rather than emphasizing the event of his leaving the meeting. The meeting was widely advertised as a PDP political meeting. It is out of order and indecorous to preclude the national chairman from addressing the meeting.

He added: “Senator Sheriff had demonstrated transparent respect by travelling from Europe in response to former President Jonathan’s invitation to attend the political meeting only to be denied the right to address party members. In which circumstance the only irresistible conclusion is that it was no longer a political party meeting. Otherwise sheriff would have a right of address and audience. If it is no longer a political party meeting, what business does the national chairman have to do with a directionless assembly?”

PHOTOS + VIDEO Of Nigerian Singer, Davido Romancing South Africa Girl Leaks Online. (MUST SEE)

Superstar, David Adeleke popularly known as Davido seems prepared to impregnate more ladies as he was seen on camera in a compromising position with a curvy South African lady.

Father of one Davido recently enjoyed a swell-time clubbing in South Africa where he made out time with his close friends.

He finally retired to his apartment with a South African lady which he romantically grabbed at regular intervals.

How the video surfaced online still remains unknown. Davido has been embroiled in another baby mama drama of late. Reports gathered on social media reveal Davido has a strong phobia for condom usage during se x.

AY’s wife Mabel Makun is all shades of stunning in new photos

The mother of one looked stunning as she posed next to her husband in new photo…

WOW!!! A Tour Into Psquare Heaven Home (photos)

P-square New Mansion – The Okoye brothers, comprising the duo of P-Square and their elder brother, Jude Okoye, recently moved into their homes in Parkview, Ikoyi. And the property consists of three different houses – in three different compounds.

They have since posted a few photos from their new mansions – and we can tell they all come with similar stunning design. The houses all come in same design.

And as Paul captioned; ‘Only God..’ Seeing things like this just makes you sit down and think about your life you know… You’re just motivated all of a sudden to set some serious goals mehn!

The singer shared the interior of his house and even his followers have been like “wooww! Hooo my God, this is a castle” – and you can’t but agree… it really is wowing!

This happens to be Paul’s crib

In his caption; ‘Chilaxing.com’… Or how else do you relax in a luxury home? Okay, this is just torment!, Peter literally has a museum for a house, no kidding… It’s like mini art gallery with the luxurious pieces of artwork, the chandelier, the flower vases, the mirror stand, oh! Come on! He has a movie theatre in his home… #sighs If ever I were to visit any of these houses, I’ll most definitely need a tour guide… Okay, P-Square, this is me putting this out there, can I please have a tour of your magnificent home?! I need it for inspiration … Lol.

Dope design. It can’t get any better than this. Peter don’t have to go to the cinemas… seeing as he’s got one in his house.

 

North Korea could hit U.S with nuclear bombs by 2020 – White House expert warns

In a new Interview, U.S President Donald Trump revealed that he will deal with North Korea’s growing threat of Nuclear capability if China refuses to, and now a top White House expert has revealed that with North Korea’s growing military strength, the United States could be hit with a nuke by the end of Donald Trump’s first term.

In an interview with The Financial Times on Sunday, deputy White House national security adviser KT McFarland warned: “There is a real possibility that North Korea will be able to hit the US with a nuclear-armed missile by the end of the first Trump term.”

The U.S believes North Korea is the greatest threat right now not just to Asia but to global world order, as Barack Obama warned Trump about the substantial advancements Pyongyang has made with their nuclear weapons and long-range missiles.A Military official who doesn’t want to be named has now claimed North Korea leader Kim Jong-un is set to show the United States its capability of striking a target on the American mainland when it carries out its next missile test.

The official told the Korea Times: “The North showed off improved engine efficiency in a test last Saturday, and it will now focus on perfecting a long-range re-entry vehicle to make an operational ICBM.

“This is a step toward completing its ICBM technology.”

North Korea has never flight-tested its road-mobile KN-08 or KN-14 ICBMs, but military experts believe they are capable of flying more than 10,000km – a range sufficient to reach the United States.

Photos: Actress Mercy Johnson sworn into office as Senior Special Adviser to Kogi state governor on Entertainment

Nollywood actress, Mercy Johnson-Okojie was today sworn into office as the Senior Special Assistant (SSA) to the Kogi State Governor Yahaya Bello, on Entertainment, Arts and Culture. She was sworn in with 53 others. Congrats to her. More photos after the cut…

President, Saraki, Dogara meet over budget, rift

•President Buhari

BEHIND closed doors and separately, President Muhammadu Buhari yesterday met with Senate President Bukola Saraki and House of Representatives Speaker Yakubu Dogara in Abuja.

Expectedly, the festering rift between the Presidency and the National Assembly took the centre stage.

The President first met with the Speaker before meeting the Senate President —for about 40 minutes each.

The meetings confirmed yesterday’s The Nation story — that the President was billed to meet with the leadership of the National Assembly as part of efforts to address the strained relationship between the Executive and the Legislature.

It was learnt that the meetings also discussed Budget 2017, the  amendment to the Electoral Act 2010 and other national issues.

The Senate President and the Speaker, who spoke to State House correspondents after the meetings, said they had “routine consultation’’ with the President.

Saraki told reporters that the relationship between the two arms of government remained cordial.

His words: “The relationship is very cordial; you cannot examine (the National Assembly) by one or two issues.  That is the point I’m making. You cannot examine (the relationship) based on NDDC or examine it based on EFCC.

“We have other issues like the ministerial (names) we are going to work on and the amnesty we will soon work on. We have the budget that is more important, we have INEC; we have the PIB (Petroleum Industry Bill); we have so many things and I think it is a mixture of all that that should guide us. So, don’t let us overheat the polity.’’

On the six months suspension of Senator Ali Ndume,  Saraki said he lacked the power to recall the former Senate Leader as being advocated by some individuals and groups.

He said: “We should try and understand how the parliament works. I wish I had such powers; these powers you give me, I wish I had them. The President or Speaker is first among equals. They are just presiding officers.

“But, unfortunately, you know the legislative arm is the youngest people don’t understand. People give us these powers that we have. Decisions that are taken in plenary are decision of all. But, I have a role to be able to convey the message.

“I will convey the message of the visit of the Governor of Borno and the Senate is one. We are all one family. There will be issues like that; there is nothing that is sacrosanct or rigid.”

He added that the National Assembly is working hard on Budget 2017.

According to him, one of the reasons for visiting the President was to let him know how far the National Assembly had gone on the budget.

He said: “We are on course, as you noted last week, we did ask all the sub-committees to submit their reports to the appropriation Committee. All that has been done now. It’s now collation and review. Then, hopefully, it will be passed very soon.”

On the suspension of screening of Resident Electoral Commissioners, he said: “As I said, this is a routine meeting. There are many things that are important. But there are other things that are even more important to do, which is the budget.

“We talked also about the Independent National Electoral Commission (INEC) Bill that we have passed. I took the President through some of the areas; very important areas. Because you know the President over many years is somebody that has gone to many elections. So, that was something he was really excited about. Some of the new amendments like electronic voting, talks about electronic process for collation. Those are landmark achievements that we hope that very soon, the House will concur and we will all come here for the President to assent.

“Some of these other issues will happen, but I don’t think it’s a major issue. But we are still moving ahead and still consulting.”

On his views on the reconciliatory committee set up under the chairmanship of Vice President Yemi Osinbajo, Saraki said: “Good development. But like I said, there will always be issues on one or two things. It doesn’t mean that it is the foundation of it.

“When you have an arm of government that has to do with confirmation, there will always be…for example, the Niger Delta Development Commission (NDDC) Bill.  We rejected three people from NDDC. We keep on moving. We are all part of one government. That is why despite all these, still major decisions are taken.

“Like I said, we did critical amendments on INEC by Tuesday or Wednesday (today or tomorrow). For the first time in the history of the legislature, we are going to lay a report on the Petroleum Industry Bill (PIB) for consideration. It has never happened. For the past 20 years, it has not gotten to this stage. So, it’s work in progress in the interest of Nigeria.

“Don’t let us get distracted by one or two infractions. It’s bound to happen. Even America that we are copying, today as we are watching, see what is happening on the Supreme Court. These are things that happen in a democracy. But, I can reassure Nigerians that it’s just a drop in the ocean. It is not an issue that should stir the whole nation; be rest assured.”

Also speaking on the outcome of his meeting with the President, Dogara dismissed speculations that he was at the Villa over crisis between the executive and the legislature.

The Speaker said: “It baffles me when people see you visiting Mr. President, the assumption out there is that something is going wrong. Nothing is wrong. It is just a routine consultation.

“You might look at it as crisis but I don’t look at it as crisis. You know I have always said this that as a government our value will be the problems we have solved.

“We can’t be remembered for avoiding or running away from problems. It is only whený we provide solution to some of the things you refer to as crises and we look at them as opportunities to begin anew that people will now remember us for putting down enduring legacies.”

On the proposed protest against the recent activities at the National Assembly, Dogara said Nigerians were free to express their views peacefully.

He said: “This is a democracy we are running and we have to open the space to civil society, to everyone who feels aggrieved to be able to air his grievances.

“So, if they have grievances against the institution of the legislature, we will take it.’’

EFCC ‘should arrest Adoke, Etete, others’

A Federal High Court judge in Abuja has advised the Economic and Financial Crimes Commission (EFCC) to deploy its arresting powers to produce before the court those indicted in the controversial $1.1 billion Oil Prospecting Licence (OPL) 245 transaction (also known as the Malabu Oil deal).

Justice John Tsoho gave the advice yesterday when EFCC counsel Jonson Ojogbane made a request for direction when two of the three charges the commission filed in relation to the Malabu Oil deal were mentioned.

The first of the charges was filed on December 21, last year. There are nine defendants, including former Attorney-General of the Federation and Minister of Justice Bello Adoke (SAN).

Others are former Minister of Petroleum Dan Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd and Megatech Engineering Ltd.

The second charge filed on March 2, has Adoke and Abubakar (of AA Oil) as defendants.

The second charge was first mentioned yesterday. The defendants were neither in court, nor represented by lawyers.

Ojogbane announced his appearance for the prosecution. He said the prosecution was not yet able to effect personal service of the charge on the defendants.

He sought the court’s direction on whether or not to apply orally or by way of a motion for arrest warrants against the defendants.

Ojogbane said: “We are yet to serve the defendants in this case. We have been unable to serve them, particularly, the first defendant (Adoke). We are told he is outside the country.

“I will appreciate if my lord can guide me. I actually want to make an application for arrest warrant against defendants.”

Citing Section 35 of the Administration of Criminal Justice Act (ACJA), Ojogbane said: “My lord, I wish to be guided about the procedure. I want to know if I can apply orally or file a motion.”

Justice Tsoho replied: “You can’t apply orally. My understanding of the law is that until you arraign anybody, you cannot make an order of arrest against the person.

“If a defendant has been arraigned and he is not coming for trial, the court can issue arrest warrant against such person.

“The prosecution can use its coercive powers under the law to arrest a defendant to answer to the charges pending against them.”

Ojogbane explained that he required the warrant to begin extradition proceedings against the defendants, who are overseas.

His logic is that with the cooperation of the AGF Office, the INTERPOL will facilitate the arrest of the defendants, if  a warrant is attached to all the documents to be sent to the foreign authorities.

Justice Tsoho, who was not persuaded by Ojogbane’s explanation, stated that with or without an arrest warrant, extradition proceedings could be initiated.

Realising that the judge was unwilling to grant his request, Ojogbane sought an adjournment to enable the prosecution take further steps to bring the defendants  to court.

When the other charge was called, similar scenario played out. Justice Tsoho adjourned till June 13 for arraignment.

The third charge is before the High Court of the Federal Capital Territory (FCT). There are 11 defendants.

They are Adoke, Etete, Shell, Agip,  Eni,  Aliyu Abubakar (of AA Oil Ltd), Malabu Oil and Gas Ltd.

Others are a director of Shell, Ralph Wetzels and three Italian directors of Agip Exploration Ltd – Casula Roberto, Putatti Stefeno and Burrafato Sebastiano.

The defendants are charged with conspiracy and official corruption in relation to their alleged acceptance of $801 million from the oil companies in relation to the grant of OPL 245.

$550m Abacha loot: Fed Govt set to clear hurdles

Governor urged to withdraw suit

To repatriate a $550million loot traced to ex-Head of State Gen. Sani Abacha, the Federal Government is to resolve two legal hurdles in the United States.

The hurdles are:

• an application filed before a court by Kebbi State Governor Atiku Bagudu and his wife; and
• an action by a United States lawyer, Godson Nnaka, who is fighting to have part of the money.

Besides, the government is seeking “political solutions” to the conditions set by the Swiss government for accessing the loot, The Nation learnt yesterday.

The Swiss government would like to monitor what Nigeria does with the loot, a development which the Federal Government considers as an affront on the country’s sovereignty.

Attorney-General of the Federation and Minister of Justice  Abubakar Malami (SAN) and  Economic and Financial Crimes Commission (EFCC) Acting Chair Ibrahim Magu, who returned from the US on Sunday, were said to have made progress in “negotiating the last phase of the process for the release of the $550million”.

Pending legal cases in the U.S. by the two Nigerians and the conditions attached to the use of the loot have caused the delay in repatriating the $550million loot.

The U.S. insisted on the removal of the legal obstacles before it could invoke the procedure for the release of the funds to Nigeria.

Following likely loss of the $550 million, President Muhammadu Buhari has chosen to resolve the stalemate through “political solutions”.

A top source, who spoke in confidence, said: “The Federal Government is inching closer to the resolution of legal hurdles and the template for the release of the $550 million Abacha loot. We have spent close to 20 years pursuing the repatriation of these stolen funds; it is time to get over it.

The source added: “The government is trying to prevail on the Governor of Kebbi State, Alh. Atiku Bagudu and a U.S.-based lawyer, Mr. Godson Nanka to withdraw their pending matters in some courts in the U.S..

“The government has decided to plead with Bagudu and his wife, Aisha to withdraw their  suit in the U.S., which is inhibiting the process of releasing the cash, which has been stashed in Switzerland.”

In the suit number 13-CV-1832 (JDB), Bagudu and his wife urged the court to reverse its judgment,  which declared that the money  attributed to them was illicit fund laundered into the U.S. and therefore forfeited to the American government.”

Relying on 18 USC 983 (a) (4) and Rule G (5) (a) of the Sup¬plemental Rules for Admiralty or Marine Claims and Assets Forfeiture Actions of the Fed¬eral Rules of Civil Procedure (Supplemental Rules), Bagudu said: “I have a claim to and interest in the property alleged to be subject to forfeiture in this action.”

“If we continue with this suit without a political solution, the $550 million will still be held up in the U.S..

“The President has asked AGF Malami to discuss with the governor and his wife to withdraw the matter in the interest of the country. I think Bagudu has agreed to do so.”

Also, a U.S.-based lawyer, Mr. Godson Nnaka, who was recruited in 2004 by the Federal Government to recover funds stolen by the late dictator, Gen. Sani Abacha, had instituted a case in a U.S. district court  against the Federal Government.

He has asked the court to declare that he is entitled to 40  per cent of the recovered loot. He also pleaded with the court to make him  the funds’ exclusive attorney.

“He alleged that he was excluded from  the fund recovery case after spending much time and money in tracing the looted funds.

“So far, we have no choice than to negotiate with the counsel. This is another legal challenge which the U.S. is using to delay the repatriation,” the source said.

A government source also made some clarifications on why the U.S. and Switzerland were involved in the loot recovery.

The source said: “The looted funds originated from the US jurisdiction to Switzerland. Many U.S.-based  banks or financial institutions were involved in the wiring of the funds. They include  Chemical Bank, New York; Commerzbank AG, New York; Marine Midland Bank, New York (now HSBC USA, NA;  Morgan Guaranty Trust Company, New York (now JP Morgan Chase); ANZ Banking Group, New York; Bankers Trust Company, New York; Barclays Bank, New York; Citibank NA, New York;  and Chase Manhattan Bank, New York.

“About $321million of the cash is said to be stashed in some banks in Switzerland. So, tracking the assets is an intertwined challenge between the U.S. and Switzerland.”

Asked to be specific, the source said the government had signed a pact with Switzerland.

“The pact, which is titled a “Letter of Intent on the restitution of illegally-acquired assets forfeited in Switzerland,” was signed by Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami (SAN), and the Swiss Head of Foreign Affairs Department, Didier Burkhalter. The document reveals that $321 million acquired illicitly by the Abacha family was initially deposited in Luxemburg before being confiscated by the Swiss Republic Judiciary and Canton of Geneva following a December 11, 2014 forfeiture order.

“If the $321million loot is released, the total repatriation to Nigeria by the Swiss authorities will amount to $1.044billion in 12 years.

“The Switzerland government has released $723million to the country in the last 11 years.

“Well, as for the conditions set by Switzerland , the Federal Government regarded as an affront on its sovereignty. Some of the conditions include  the use of the funds for projects that will benefit all Nigerians and that World Bank should “ supervise the spending of returned assets by the Nigerian government”.

The government submitted five project proposals to the Swiss government bordering on social benefit projects for the 2016 budget but the looted funds were not released.

The Federal Government and Switzerland last month signed an agreement on the return of the $321million.

A rights lawyer Femi Falana(SAN) had asked the  Federal Government  to reject the conditions attached to the repatriation of the stolen funds in a letter to President Muhammadu Buhari.

He said allowing the World Bank “to supervise the spending of returned assets breaches international law principles and standards”.

Court orders EFCC to defreeze Ozekhome’s account

The Federal High Court in Lagos Monday defreezed the account of activist-lawyer Chief Mike Ozekhome (SAN).

The Economic and Financial Crimes Commission (EFCC) froze the account based on an interim order by Justice Abdulazeez Anka.

The agency said Ekiti State Governor Ayo Fayose made a part-payment of N75million to the lawyer from an alleged N1.2billion the governor allegedly received from the Office of National Security Adviser (ONSA).

The commission said it froze Ozekhome’s GTBank account because the N75million Fayose paid him was suspected to be proceed of crime.

Ruling on Ozekhome’s application to defreeze the account, Justice Anka held that Fayose paid the money from an unencumbered account.

He held: “There is no argument whatsoever as to the source of the funds as rightly argued by the learned counsel for the EFCC, Mr. Rotimi Oyedepo, but the question is: can the respondent/applicant be liable for any infraction as of the time he received the amount in his account?

“His evidence was not controverted that the same proceeds were unencumbered as of the time they were transferred into the account of Mike Ozekhome Chambers as rightly argued by Chief Mike Ozekhome.

“The Federal High Court sitting in Ado Ekiti, Coram Taiwo J, ordered the unfreezing of the said account belonging to Governor Ayodele Fayose.

“I do not understand or comprehend why the applicant/respondent’s counsel, Mr. Rotimi Oyedepo, would still argue and stand his ground that the same account has not be unfrozen by the Federal High Court sitting in Ekiti State.

“In both the order and the depositions, the account, numbered 1000312625, was evidently and manifestly unfrozen; such an argument, therefore, by Mr. Oyedepo Esq cannot hold water.”

The judge said he arrived at his decision considering the fact that the source of the fund was derivable from an unencumbered account; that the account was unfrozen via the order of the Federal High Court in Ado Ekiti; that the amount has been dissipated; and that the funds were monies paid for the legal services rendered to Fayose.

“I find it very doubtful if the objection of the EFCC can be lawfully sustained,” the judge held.

EFCC obtained the order on February 7, following which Ozekhome urged the court to vacate it.

Justice Anka said he would not allow himself to be lured into sitting as an appellate judge over the counter-decisions of Justice Mohammed Idris who earlier froze Fayose’s accounts  and Justice Taiwo who later defreezed the accounts.

The judge also held that the section of the Money Laundering Act dealing with disclosure of lodgements of N10million and above, cited by the EFCC in support of its case, does not apply to a private legal  practitioner such as Ozekhome, especially where the N75million was paid from a court-ordered defrozen account.

The judge further held that the act of approaching the Federal High Court, a lower court, to preserve the res (subject matter of a case) already at the Court of Appeal, in an appeal filed by the EFCC itself, or sit on appeal over the proceedings of the appellate court and the judgment of Justice Taiwo, a court of coordinate and concurrent jurisdiction, was wrong.

He chided Oyedepo for approbating and reprobating, when in one breadth, he called the fees proceeds of crime, and in another breadth, he agreed that Ozekhome had actually worked for the fees and was thus entitled to it.

The judge held that filing an application to set aside an earlier ex-parte order of injunction as done by Ozekhome cannot in anyway amount to attempting to shield himself from Investigation.

He, therefore, held that Ozekhome’s motion to defreeze the account succeeded wholly and that the account should be defrozen immediately.

I can’t reverse Ndume’s suspension, Says Saraki

Saraki

…Crisis inevitable for development, says Dogara

The Senate President, Bukola Saraki, on Monday said that he has no power to reverse the suspension of Senator Ali Ndume from the Senate.

Ndume was recently suspended for six months by the upper legislative chamber of the National Assembly.

Speaking with State House correspondents at the end of closed door meeting with President Muhammadu Buhari, Saraki said that the issue of Ndume’s suspension was beyond him.

He said “We should try and understand how the parliament works, I wish I had such powers these powers you give me I wish I had them, the President or Speaker is first among equals they are just presiding officers but unfortunately you know the legislative arm is the youngest people don’t understand, people give us this powers that we have, decisions that are taken in plenary is decision of all but I have a role to be able to convey the message.

“I will convey the message of the visit of the Governor of Borno and the Senate is one, we are all one family there will be issues like that, there is nothing that is sacrosanct or rigid.” he said

He also disclosed that the National Assembly is working hard on the 2017 Budget.

According to him, one of the reasons for visiting the President is to let him know how far the National Assembly has gone on the 2017 budget.

He said “We are on course as you note last week we did ask all the sub committees to submit their reports to appropriation all that has been done now, it’s now collation and review then hopefully it will be passed very soon.

On the suspension of screening of Resident Electoral Commissioners, he said “As I said this is a routine meeting, there are many things that is important but there are other things that is even more important to do which is the budget.

“We talked also about the INEC bill that we have passed I took the president through some of the areas, very important areas because you know the President over many years is somebody that has gone to many elections and seen, so that was something he was really excited about, some of the new amendments like electronic voting, talks about electronic process for collation, those are landmark achievements that we hope that very soon the House will concur and will all come here for the President to assent.

“Some of these other issues it will happen but I don’t think it’s a major issue, but we are still moving ahead and still consulting.” he said

On his views on the reconciliatory committee set up, he said “Good development, but like I said there will always be issues on one or two things, it doesn’t mean that it is the foundation of it, when you have an arm of government that has to do with confirmation there will always be, for example the NDDC bill we rejected 3 people from NDDC we keep on moving, we are all part of one government that is why despite all these, still major decisions are taken, like I said we did a critical amendments on INEC by Tuesday or Wednesday. For the first time in the history of the legislature, we are going to lay a report on the PIB for consideration, it has never happened, for the past 20 years it has not gotten to this stage, so its work in progress for the interest of Nigeria.

“Don’t let us get distracted by one or two infractions, it’s bound to happen, even America that we are copying even today as we are watching, see what is happening on the Supreme court these are things that happen on the part of democracy but I can reassure Nigerians that it’s just a drop in the ocean, it is not an issue that should stir the whole nation, be rest assured.

Asked if the relationship between legislature and executive is cordial, he said “It is cordial, you cannot examine it based on NDDC, based on EFCC, we have other issues, we have ministerial nominees that we are going to be working on, we have the budget that is more important, we have INEC, PIB we have so many important things and I think it’s a mixture of all that should guide us, don’t let us over heat on some of these issues.”

Speaking further on his visit to the Villa, he said “As you know this is a routine, it’s part of the consultation and collaboration that we observed that has helped in improving the workings together, it’s just a routine and review, most important issue now is the budget.”

Also speaking with journalists, Speaker of the House of Representatives, Yakubu ‎Dogara, said that his visit to the seat of power was routine.

He said “It baffles me when people see you visit Mr. President they will think something is wrong, nothing is wrong, it is routine visits‎.

According to him, the face-off between the executive and legislature over the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, is not a crisis.

He said “You might look at it as crisis but I don’t look at it as crisis. You know I have always said this that as a government our value will be the problems we have solve.

“We can’t be remembered for avoiding, we can’t be remembered for running away from problems, it is only when‎ we provide solution to some of the things you refer to as crisis and we look at it as opportunities to begin the new that people will now remember us for putting down enduring legacies.

“But when we run away from everything that appears to be trouble we will not make it.

Asked whether he has solved the problem from the meeting,  he said “I tell you they will overcome it. I’m not in the Senate and I am not the Spokesperson for the Senate so the Senate will speak for themselves.

On whether the planned protest against the National Assembly was manipulated from outside, he said “I wouldn’t know, this is a democracy we are running and we have to open the space to civil society, to everyone who feel aggrieved to be able to air his grievances.

“So, if they have grievances against the institution of the legislature we will take it. You see the point is we should never run away from crisis, crisis are always wonderful opportunities for us to begin the new, for us to set new boundaries, for us to begin to examine things in a new way.

“So we should welcome crisis, they are the engines that always propel growth and progress. So if anyone think he has issues with the national assembly let him come and we will have the opportunity to explain, that is the beauty of democracy,” he said.