A Nigerian newspaper and Online version of the Vanguard, a daily publication in Nigeria covering Niger delta, general national news, politics, business, energy, sports, entertainment, fashion,lifestyle human interest stories, etc
Vincent Kompany marked his return to the Manchester City line-up with a rare goal as his side climbed to third in the Premier League with a 3-0 win at Southampton on Saturday.
Manchester City’s Belgian defender Vincent Kompany celebrates after scoring the opening goal of the English Premier League football match between Southampton and Manchester City at St Mary’s Stadium in Southampton, southern England on April 15, 2017. / AFP PHOTO
Pep Guardiola’s team were in control for long periods at St Mary’s, but it wasn’t until the 55th minute that City captain Kompany put them ahead with his first goal since August 2015.
Leroy Sane and Sergio Aguero made sure of the three points with further goals in the 77th and 80th minutes respectively.
With Manchester United beginning to breathe down their necks in the pursuit of a top-four place and with games in hand, City needed this result, only their second league win in six matches, to move one point above Liverpool.
It was an especially cathartic moment for Kompany, who was making only his fourth league start in yet another injury-plagued campaign for the Belgium defender.
Aguero might have scored twice in the first four minutes.
First he escaped his marker at the far post but could only volley Gael Clichy’s cross wide.
Then he made himself a yard of space on the right of the penalty area but pulled his shot across goal.
Neither miss made Aguero more reluctant to shoot. From a corner-kick on the right, he tried an 18-yard volley, which went about the same distance wide.
For 15 minutes Southampton were barely a factor in the game as City passed the ball round and through them.
But then they produced an incisive move that should have brought them the opening goal.
Nathan Redmond’s pass between Jesus Navas and Kompany freed Manolo Gabbiadini on the left, and he rolled the ball back into the path of Dusan Tadic 15 yards out.
However, the Serbia playmaker’s first-time shot sent the ball well over the crossbar.
That, though, was an isolated incident as Southampton spent most of the rest of the first half chasing shadows.
In the 36th minute, Aguero’s attempted cross looped up off Cedric Soares and David Silva, running in, seemed certain to score, only to half-volley into the side-netting.
– Clinical execution –
The next error seemed to be made by referee Neil Swarbrick when he awarded a corner after Southampton goalkeeper Fraser Forster rushed out of goal as Sane charged through.
Swarbrick ruled that a swipe of Forster’s right glove had made contact with the ball, but replays showed little evidence of that and suggested that he had hit Sane’s foot and that a penalty should have been awarded.
If Southampton had a hope at that point, it was probably that Claudio Bravo, preferred in City’s goal to Willy Caballero, would make an error, and after he could only flap at a cross from the left, James Ward-Prowse returned the ball to the near post, where Steven Davis got his head to it only to nod it too high.
Ten minutes into the second half, City finally made the breakthrough.
It might have come from Navas’s rising shot from 25 yards that forced Forster to touch the ball over the bar, but instead it came from the resulting corner.
Gabbiadini missed Silva’s kick from the left and Kompany, making only his third appearance of 2017, muscled his way past Ryan Bertrand and headed past Forster from six yards before celebrating wildly.
City doubled the lead in the 77th minute with a goal of devastating simplicity but clinical execution.
Kevin De Bruyne exchanged passes with Silva just inside his own half and ran clear before sliding the ball to his left for Sane to finish.
Three minutes later and the scoreline more fairly reflected City’s dominance.
De Bruyne collected Navas’ pass on the right and chipped the ball across for Aguero to head in.
By Daud Olatunji, Abeokuta A 37-year-old man, Ifeanyi Ajaero has been arrested by men of Ogun state Police for allegedly tying his 28-year-old wife, Obiageli Ajaero to a Generating set from night till daybreak .
The suspect was said to have seriously battered his wife earning a disagreement .
The Police Public Relations Officer in the state, Abimbola Oyeyemi in a statement disclosed that the incident happened at Ewooluwo Sagamu in Sagamu local government area of the state.
Oyeyemi said “the suspect who is a member of the already disbanded merchant Navy used a hand cuff to chain his wife who has become so weak as a result of serious beating from the wicked husband.
•Why pumping of dollars in Forex market will not work •TSA with banks is suicide mission
By Ishola Balogun
The Chief Facilitator, Nigeria Ease of Doing Business Initiative and Group Managing Director of CFL Group of Companies, a foremost infrastructure company with diversified project portfolios, Mr. Lai Omotola, speaks on the economy. Excerpts:
•Lai Omotola
What is 'Ease of Doing Business Initiative' all about?
The Nigeria Ease of Doing Business Initiative is the idea of CFL group. It is purely a private initiative. We have decided to come up with this initiative to monitor the progress made by the Federal Government and 36 State Governments in Nigeria. The federal government recently said it would make deliberate efforts to improve the ease of doing business in the country. Like every word of commitment made by previous governments, we want to make sure that this deliberate commitment impacts on the economy. This is our own idea of how the economy could be further improved.
Can you give more insight into how to actualise the philosophy of this initiative?
According to the World Bank, there are 10 indices often used to measure the ease of doing business globally. What we have discovered is that for every index we see, we look at the parastatal in charge of every sector and examine it. The first index is starting a business. The first step of starting a business in Nigeria is registration of the company name. The Corporate Affairs Commission (CAC) has said Nigerians can register their companies in 48 hours. As practitioners, we have not experienced it. The fastest that we have seen so far is two weeks. Our strategy is to classify all businesses according to sectors. Our aim is to engage the 36 states and see the ease of doing business. We will play an advisory role to the governments at national and sub-national levels. We will begin to rate ease of doing business in each state monthly. We will rate parastatals that are important to the country's economy monthly to put the Chief Executives on their toes. We will look at other indices aside those that were listed by the World Bank. The CAC tells us that it is easy to register companies online. We will test it and organize discussion with the CAC. At that forum, lawyers and other stakeholders will sit down and engage the agency. Another is getting a work permit. The World Bank sets the parameter because in every economy, one of the boosters is construction of houses. It is very important. We all know no one can start construction without having any approval. For instance, when one wants to construct a building and has about one year. Within the time-frame, he was frustrated in getting building approval. Perhaps he spends six months of the construction struggling to secure building approval. There is no state today that can issue building approval within two weeks. Lagos is trying because they now have electronic planning permit. It is automated, but still requires human interface that will make it bureaucratic.
But unstable power supply poses graver challenge?
Undoubtedly, electricity is another key element. What is our performance in providing electricity for the masses? The question now is that are we improving or stagnant? We will be engaging the Discos and Gencos on how they have fared in the last few years. Property registration is as important as electricity. In fact, it the fourth index that the World uses to measure the ease of doing business in any country. Looking at Nigeria, how long does it take for anyone to get government consent or Certificate of Ownership? We all know the answer. Registration of a property is important. When one asset is registered, one can get value for it in the bank. But it remains a serious challenge for many. This is because it is still in the hand of the government. So, we will be engaging the Land Bureau to know what they are doing as regards this. Getting credit from banks is a major index. We have 24 commercial banks in Nigeria. All the banks are not interested in issuing credit to customers. This is due to the economic challenges. We have all agreed that access to credit is very important. But it is pathetic that we are not getting access to credit. Also, we know there are two critical sectors of our economy that must have access to credit. The small and medium enterprise (SME) is one while the other is real sector. It will be very difficult to explain any economy that will grow without access to credit. So, we will be engaging our financial institutions, Central Bank of Nigeria and Ministry of Finance among others.
Can businesses survive or grow without strategic support from financial institutions and government?
That is what the sixth index of the World Bank Ease of Doing Business really talks about. It talks about the need to protect minority investors. The minority investors are the local investors. There is a debate between 'do we borrow to grow' or 'invest to grow'. The Nigerian Government is thinking of borrowing in order to build the country's infrastructure and other needs and finance credit. That brings additional deficit to our country.
Recently, the CBN argued that we should attract investors to grow Nigeria's economy. The explanation is that when one attracts investment, the investors will provide the required infrastructure. It will be more profitable for the country's economy. The philosophy is changing from where we were before. When we are propagating investment, there are two categories of investors, namely the minority investors and foreign investors. The minority investors are the indigenous or local investors. It is pathetic that our economy has ignored the first and embraces the second. The minority investors are recognised globally. We have forgotten that every foreign investor examines the local investors to see if they have benefitted from investment opportunities the government is dangling before them. We need the local investors to turn the country's economy around. We cannot diversify the economy by borrowing. Also, if we are striving to promote local products, we must ensure that the local producers are comfortable. The economic template of the federal government must be very clear and transparent. The government must show commitment to involving the major stakeholders which are the local investors, thus making them the foundation for the economy. Anything short of the index of protecting the minority would be a repetition of the previous government.
Can we grow our economy based on taxes instead of depending on oil revenues?
The strength of our economy is dependent on how much cash the government can generate. That is what the seventh index looks into. Today, we have seen that the number of people paying taxes compared to our population is very insignificant. There is a major problem of paying tax. Nations do not grow outside tax. Government is not expected to be in business, but rather to provide enabling environment for the citizens to do business with ease. After doing this, the government can then collect taxes. That is the process. But when the government has decided to get involved in business, it affects the country's growth. The government is expected to develop initiatives that will solve problems. For instance, the NYSC is an initiative that was proffered to solve problem of unity. It is the initiative provided by the government that brings activities. One of the single initiatives of the present administration is whistle-blower policy. We have all seen the result of the policy. The reason our economy is docile is because we cannot find the initiatives. When there is a problem, the obligation of the government is to introduce initiatives that will solve the challenges. When the Ambode administration assumed office, there were intractable traffic challenges. But the Ambode administration introduced lay-bys on some roads and travel time reduced. For instance, the case of Uber, the taxi firm that has almost taken over the country's taxi business, is an initiative. Many have started parking their cars for Uber. Many now advertise for the company. But recently, the case of the driver, who was killed, occurred. The incident indicates the challenge to the easy of doing business is security. Apart from taxes, trading across borders is another index of the ease of doing business. That is the responsibility of Customs and the Immigration. In other climes, one does not see Immigration or Customs checking passengers' luggage. But in Nigeria, reverse is the case. Why should this happen in Nigeria? Whenever we continue to see Customs and immigration at the airport, the ease of doing business has a problem.
Aside the indices of the World Bank, what other rating World Bank your organisation will factor into measuring the ease of doing business in Nigeria?
We will look into other issues that the World Bank did not consider. Critical is staffing. It is a real challenge. We will also factor in security. Though the World Bank did not consider it, it is a big issue in our country. Presently, every Nigerian provides its own security. Likewise, infrastructure is critical. We have to do it by ourselves. Besides, we have education. Our education is not tailored towards the expected outcome. It is lopsided. The town has lost synergy with the gown. It is expected that both should work together. Also, the gown is expected to assist the town. But the gown is not aware of the current trend. Finally, we will consider the economy, especially the micro and macro-economic stability. Forex is grace challenge. It is expected that when you pump in more dollars, there should be reduction. But we have discovered that it is not working. We will also look at the impact of speculation and productivity on our economy. About 90 percent of our billionaires are speculators. Those who made money not through productive means are very insignificant. The challenge currently facing the country's currency is due to speculators. Some people have decided that it is easier to make money through forex than investing. And that is what the CBN just realized – that there are many of them and led by the banks. Also, it was a suicide mission to start the Treasury Single Account (TSA) with the commercial banks. The situation we found ourselves today is a state where the speculators are holding the country's economy by the jugular. Nigeria is looking towards encouraging indigenous manufacturers. I believe that 90 percent of what we need to feed ourselves can be sourced locally. But the problem is can we provide the opportunity for the local producers to thrive. It is important to note that any government that is devoid of initiatives cannot generate any activities. If there are no activities in the economy, everyone will be moving towards depression. That is responsible for the recent statistics that stated that seven out of ten persons are depressed. The depression in the country is real. We have a serious problem in our hands. It requires our leaders to roll-up their sleeves for work. This is to avoid explosion of this challenge. The situation requires emergency solution.
Does the Economic Recovery and Growth Plan (ERGP) really offer any hope?
I have read the ERGP document. There is nothing new in the economic plan especially for anyone who has been studying the country's economy. We all know these things but the challenge is the implementation of the policy. Look at Mr. Babatunde Fashola. I believe he must have now understood that the offices of the Minister and Governor are two different ball games. As the governor, he could finish 10 kilometer road within a short time. But as the minister, he will not be able to do such. The reason is that the state is different from the Federal. Let us begin to count now. At this time next year, we will all see if the plan has been able to achieve the required purpose. It is not easy to implement policies in this country.
The appointment of Ibrahim Magu as Chairman of the EFCC has been before the Senate for confirmation two times now, and has been twice rejected. Amazingly, neither the Presidency nor the Senate appears to have addressed or even adverted to the critical constitutional issue whether the provision of section 2(3) of the EFCC Act 2004 subjecting the President's appointment of members of the Commission to confirmation by the Senate is or is not in accord with the Constitution, the supreme law of the land, section 1(3) of which makes any inconsistent law null and void, and generally with the doctrine of the separation of powers underlying the Constitution. The issue as to what constitutes violation of the doctrine is thus also raised.
President and Ibrahim Magu
The exact terms of section 2(3) of the EFCC Act are significant and worthy of note. It says: "The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate." The word appointment is underlined to emphasise that it is the appointment, not the nomination, that is subject to Senate confirmation, from which it follows that Senate confirmation is not a condition precedent to the validity of the appointment.
Our inquiry must begin with section 5(1)(a) of the Constitution which says that "subject to the provisions of this Constitution the executive power of the Federation shall be vested in the President." This provision is reinforced by section 130(2), which designates the President, "the Chief Executive of the Federation." The critical constitutional issue raised by s.2(3) of the EFCC Act is whether the subjection of the President's appointment of members of the Commission to Senate confirmation is consistent with or is a derogation from section 5(1)(a) of the Constitution vesting the executive power of the Federation in the President.
This raises the issue: what is executive power, or rather what is its nature or extent? Or more explicitly, what functions are embraced in it? The term "executive power" may be defined, first and foremost, by reference to functions that partake indisputably of execution. Such, for example, is the doing or execution of physical acts, e.g. construction works, provision of infrastructural facilities or welfare services, other activities involving physical action, like the conduct of military operations, the minting of coins, the printing of currency notes and stamps, and the award of contracts for such works. Interference with such functions by the Legislative Assembly is unconstitutional and void. The decision of the Kaduna State High Court in a case in 1981 (Governor, Kaduna State v. The House of Assembly, Kaduna State) affirms the unconstitutionality of legislative encroachment on a function in this category – the award of contracts for works to be done or services to be provided.
Also embraced indisputably within the domain of executive power is pure administration, i.e., purely administrative work within the executive departments not involving physical action in the sense mentioned above. This, too, cannot be controlled by the legislature, subject to what is said below about purely administrative or ministerial functions of a quasi-legislauve or quasi-judicial nature entrusted to an agency created by statute.
Executive power embraces not only activities involving physical action or pure administration, but also the making of instruments as a means of carrying the provisions of a law into execution. Legislative power is meant for use in prescribing rules of general and uniform application to persons and things, whereas the application of those rules to individual cases, whether by means of executive instruments or judicial decrees, is inappropriate to its true nature. Furthermore, by the explicit stipulation of the Constitution, legislative power is exercisable only by means of bills (section 58(1)).
Accordingly, in the case mentioned above, the Kaduna State High Court also held unconstitutional and void, a law by which the State House of Assembly transferred to itself powers of the governor exercisable by executive instruments or orders under the State's Local Government Law, viz: power to create individual, named local governments with designated capitals, to constitute an emirate or traditional council for an emirate or traditional area and to prescribe for it the device of its seal, the composition of its governing council, its area of authority with detailed demarcation of boundaries; power to order an inquiry into the affairs of a local government council, and following upon such inquiry, to dissolve the council and either appoint a committee of management or order an election.
One more illustrative example of a function distinctly executive in nature may be mentioned. The organising and planning of celebrations to mark the anniversary of an event of great national importance pertains peculiarly to executive power; there is nothing legislative or judicial about it. It belongs therefore exclusively in the domain of the executive. Comity needed for fostering a harmonious relationship between the two political organs may well demand that the executive consult and involve the legislature in planning and organising such celebrations, but the demands of comity must not be confused with or be elevated to a constitutional requirement.
But the issue as to what functions are embraced in executive power has arisen in a most acute form with respect to the power to appoint and remove government functionaries. The argument in favour of the President's position is predicated upon an unassaillable and conclusive rationale, namely, that the power to execute the government of a country, including the execution of the law of its constitution and other laws, carries with it, as a necessary and inevitable incident, power to appoint, direct and control government functionaries of various grades.
For, it is not to be supposed that the President is to execute the government alone, unaided by subordinates appointed by him and who are subject to his control and direction. The power to remove such subordinates is equally an essential incident of the executive power as the power to appoint them in the first instance, removal being an instrument of control of last resort, since otherwise the president might be saddled, to the prejudice of his administration, with subordinates whom he could not remove, notwithstanding that they are disloyal, incompetent or otherwise unfit.
The power to appoint, direct, control and remove subordinate executive assistants is thus cardinal to executive power, and pertains exclusively to it, subject, however, to any restrictions contained in the constitution, as noted below. "To turn a man out of office," said Oliver Ellsworth, later Chief Justice of the United States, "is an exercise neither of legislative nor of judicial power." It partakes peculiarly of the nature of executive power. Similarly, "designating the man to fill an office," James Madison, fourth President of the U. S., has said, "is of an executive nature." The statements of both Oliver Ellsworth and James Madison were quoted with approval by the Court in Myers v. United States (1926) 272 US 52, 93.
The attempt by the Congress of the United States to control the exercise by the President of power to remove subordinate executive personnel appointed by him, as part of the executive power vested in him by the Constitution (Article 2 Section 1), became a major constitutional issue before the country's Supreme Court in the celebrated case of Myers v. United States (1926), supra. By an Act of Congress of 1876, the consent of Senate was made requisite for the removal by the President of postmasters of the first, second and third grades.
Myers, a first-class postmaster, was removed from his office by the president without the consent of the Senate, and he sued for arrears of salary on the ground that, the consent of the Senate not having been obtained as required by the Act, his removal was wrongful. Whilst the Constitution makes the power of appointment expressly subject to confirmation of the president's nomination by Congress, the removal power is not. The requirement of Senate consent for removal was accordingly declared null and void as an unconstitutional interference with the president's executive power.
As regards the appointment power too, the U.S. Supreme Court stated emphatically that the qualification in favour of the legislature, i.e., the requirement of Senate approval, should not be extended outside the cases in respect of which the approval of the Senate is explicitly required by the constitution, as by requiring Senate approval in respect of other appointments or by super-adding the approval of the House of Representatives.
The appointments or nominations for appointment for which the approval of the Senate is required by the Constitution of Nigeria (1999) are those of ministers (section 147(2)), auditor-general (section 86(1)), the chairmen and members of certain named bodies established by the Constitution other than ex officio members (sections 153(1) and 154(2), ambassadors, high commissioners or other principal representatives of Nigeria abroad (section 171(4)).
There are certain enactments in the country, e.g. the EFCC Act, that require Senate approval for the appointment of various executive functionaries outside those specified by the Constitution; such enactments are, on the authority of the decision of the U.S. Supreme Court in Myers v. United States, supra, unconstitutional, null and void, subject to a qualification or restriction put on the meaning of "executive power" in the case of Humphrey v. United States, infra. The sanction of nullity also applies to enactments at the State level which require the confirmation of the House of Assembly for the appointment of certain executive functionaries, not within the qualification or restriction noted above.
Here are photos of the security car, caravan, wall riddled with bullets. Read more at: http://www.vanguardngr.com/2017/04/dino-melaye-escapes-kogi-assassination-attempt/
Minister of Transportation and immediate past governor of Rivers State Rt. Hon. Chibuike Rotimi Amaechi has dismissed the false claims by his successor Nyesom Wike that the $43,449,947, £27,800 and N23,218, 000 recovered by the Economic and Financial Crimes Commission, EFCC, from an Ikoyi apartment in Lagos belongs to him.
Wike and Amaechi
Wike, in a suspicious, hurriedly arranged press conference on Friday night, told journalists that 'the money in question belongs to the former Rivers State Governor, Chibuike Rotimi Amaechi.' Wike also insinuated that the 'houses' in Ikoyi belong to Chibuike Rotimi Amaechi.
Amaechi in a statement titled ‘$43MILLION TALE: AMAECHI SLAMS WIKE’ released by his Media Office on Saturday, Amaechi described the claims as malicious, frivolous and another failed attempt by Wike to divert attention from the mess he has created in Rivers State.
According to the statement: "Rivers State is perpetually in crisis, the state in a mess as Wike has made a total mess of governance in the State. That child who sits there as governor is confused, he doesn't know what to do. Wike's only solution is to attack Amaechi."
"Since he became governor, Wike sleeps and wakes up everyday, with a sole, one-point agenda to attack and denigrate Rotimi Amaechi, no matter how ridiculous and silly he sounds. Everyday in Rivers State, there is one frivolous, false story of what Amaechi did or didn't do. Same pattern, the same blatant lies with no proof, same old concocted stories of corruption allegations against Amaechi told with different flavours
At this rate, if Wike is unable to perform his spousal duties, he will blame it on Amaechi. Yes, that's how despicably low he can go in his consuming fixation to throw mud at Amaechi."
"This latest outburst by Wike is typical of him. We are aware that Wike first tried to float the fake news of Amaechi's ownership of the recovered $43million and the Ikoyi house in the social media using his minions and lackeys, spending huge sums of Rivers money on the failed project. His minions and lackeys were calling journalists, bloggers and media organizations to run the fake story with promises of almost irresistible mouth-watering compensation for using the fake story. When that failed and the story didn't gain traction that was when Wike decided to hurriedly hold the press conference Friday night, to rant and spew his outright lies, yet again without providing any proof of Amaechi's ownership of both the property and the money."
"For clarity and emphasis, Chibuike Rotimi Amaechi is not the owner of the $43million and the Ikoyi apartment in which the money was recovered from. Amaechi has no business, link or connection to the money or property. Chibuike Rotimi Amaechi does not know who owns the money or Ikoyi apartment." "Wike's malicious allegation of corruption against Amaechi in the sale of the Gas Turbines is not new.
This false claim has been punctured repeatedly with facts and evidence of the transfer payments for the power plants into Rivers State government accounts by Sahara Energy. The records of how the funds were spent and what it was spent on are in the records of the State government. Amaechi has absolutely no business or any interest whatsoever in Sahara Energy. The company was already a thriving business concern before Amaechi's emergence as governor of Rivers State in 2007.
"We urge all right-thinking members of the public to completely disregard all the false, politically motivated no-proof claims by Nyesom Wike and his minions as it concerns Amaechi and the $43million and Ikoyi property.
"Yet again, we challenge Wike to charge Amaechi to court if he has any shred of evidence that the money belongs to Rivers State and was kept in the Ikoyi apartment by Amaechi. But like his numerous frivolous accusations in the past, we know he won't go to court. He has nothing to substantiate his blatant lies. This Wike's recent tale like his previous ones is a big sham, a disgraceful political drama, and a campaign of calumny to defame and destroy the sterling reputation of Rotimi Amaechi. This is now Wike's sole life ambition."
"Finally, we want Nigerians to note that Wike's reckless, irresponsible and fictitious tirade against the President Buhari administration at his media briefing of Friday is a declaration of war against the Federal Government. This has been his regular past time in recent times, making false allegations against the Federal government and threatening the President Buhari administration with fire and brimstone", the statement concluded
…says alleged cover up rubbishes FG’santi-graft war
Governor of Ekiti State, Mr Ayodele Fayose has faulted claims by the National Intelligence Agency (NIA) that the N13 billion cash just discovered at Osborne Towers, Lagos belongs to the agnecy, alleging that it was nothing but a cover-up and that the development has only succeeded in rubbishing the Federal Government’s anti-graft war.
He said: ” Yesterday, it was made public that the National Intelligence Agency (NIA) claimed ownership of the $43,449,947, £27,800 and N23, 218,000 seized on Wednesday by the Economic and Financial Crimes Commission (EFCC) from Osborne Towers, a luxury residential complex in Ikoyi, Lagos.Fayose
” This, to my mind is one cover-up too many and this federal government seeming plot to protect the original owner of both the money and the apartment where it was found has further shown that the anti-corruption fight is political, selective and therefore a ruse.
” Nigerians should recall that I have consistently maintained that the APC-led federal government was not fighting any corruption. Rather, the government is using the anti-corruption fight as a major political tool to cripple opposition and turn the country to a one party state.
” Therefore, for once, the federal government should operate with the mind-set that Nigerians are no fools. They are capable of asking questions and they are already doing that.
Some of the questions being asked are ,who is the owner of the apartment in which the money was found?, does the apartment also belong to the NIA?, if the apartment belong to the NIA, when was it bought and from whom,j f the apartment does not belong to the NIA, from whom and when was it rented?,how could a whistle-blower be aware of movement of money into one out of many apartments in a building without knowing the owner of the apartment, if truly the NIA was carrying out a "covert operation" as claimed, was President Muhammadu Buhari not briefed of the so-called "covert operation" when he took over power?, was the National Security Adviser (NSA), whose office controls all intelligence agencies, including the EFCC and DSS not aware of the "covert operation"?, was there any security presence at the vicinity of the apartment to suggest that it was being used as warehouse for over N13 billion cash belonging to the NIA?, does NIA need an unprotected apartment to keep such huge sum of money purportedly meant for "covert operation"?, how much was released for the so-called "covert operation", how much has been spent and to who was account rendered up to date?
As for me, the script being acted on this discovered cash is a cover-up that will mar the EFCC and the federal government. It is a movie well scripted for some alawada (comedians) but acted so badly.
It is case of a dog that has been eating other people's children to the admiration of its owner suddenly attacking the beloved son of the owner's friend and they are now trying to cover-up the dog owner.
It is a major test of the integrity of the APC federal government's so-called anti-corruption fight, and the earlier the proponents of the cover-up plot come back to their normal senses and tell Nigerians who owns the apartment in which the money was found, the better for them.
In the last few weeks, we have been served with dramas of recovery of funds by the EFCC. N49 million in cash ranging from N200 to N50 was said to have been found in Kaduna Airport and was promptly "arrested" by EFCC officials. But up till now, Nigerians have not been told the identities of those who brought the five sacks in which the cash was found into the airport despite the presence of CCTV cameras at the airport.
EFCC also fed Nigerians with tales of recovery of N448,850,000 (Four hundred and forty eight million, eight hundred and fifty thousand naira) cash from a shop at LEGICO Shopping Plaza, Ahmadu Bello Way, Victoria Island, Lagos. We were told that the shop had not been opened for two years and one wonders how the cash got into the shop.
Up till today, EFCC is yet to tell Nigerians the identity of the owner of the shop and Nigerians are asking whether or not the Legico Shopping Plaza, Ahmadu Bello Way, Victoria Island, Lagos is not owned by anyone and the owner of the Plaza won’t be able to identify his or her tenant.
As for this latest drama, which has boomeranged, even though we know that the APC-led federal government has the capacity to sweep it under the carpet like many others before it, Nigerians will have it on record that they are being ruled by a government of "the more you look, the less you see."
The United States is deploying “a few dozen” troops to Somalia to assist the national army and conduct unspecified security operations, a US military spokeswoman said Saturday.
The soldiers from the 101st Airborne Division, a light infantry unit trained for air assaults, will mainly train and equip Somalia’s army “to better fight Al-Shabab,” an Al-Qaeda linked extremist group, the spokeswoman for the US Africa Command based in Germany, Samantha Reho, told AFP.
They will also conduct “security force assistance,” she said, confirming a report by Voice of America.
“For operational security issues, we will not discuss specifics of military efforts nor speculate on potential future activities or operations,” she said, declining to say precisely how many troops were being sent.
Somalia’s fragile central government is still propped up by the international community and a 22,000-strong African Union peacekeeping force after nearly three decades of civil war and anarchy.
While Shabab militants have lost large swaths of territory and were forced out of Mogadishu by African Union troops in 2011, they continue to strike in the capital and countryside.
They have threatened a “merciless” war against the new administration of President Mohamed Abdullahi Mohamed, a dual US-Somali citizen who goes by the nickname Farmajo. He took office in February.
The 101st Airborne Division has been extensively used in US-led military campaigns in Iraq and Afghanistan.
The United States’ most notorious military operation in Somalia was in 1993, when an ill-fated attempt to snatch militia leaders led to two Black Hawk helicopters being shot down in Mogadishu. A chaotic rescue was mounted, resulting in hundreds of deaths, including those of 18 US soldiers. The incident was made famous in the book and the movie “Black Hawk Down.”
The US military spokeswoman noted that US forces have been in Somalia since 1993, helping the Somali government on security concerns.
While controversy rages over the ownership of $38 million, £27,000 and N23 million discovered by the operatives of the Economic and Financial Crimes Commission, EFCC, Wednesday, in a private residence in Ikoyi, Lagos, Nigerians have continued to express shock over how such monies would be lying fallow in a house while many suffer hunger and abject poverty.
Whistle-blowers
The media had Wednesday reported how another whistleblower took security operatives to an address where the quantum of money was discovered.
Before this time, the Federal Government had spelt out the benefits awaiting whistleblowers as it also pledged their protection. Any whistleblower whose information leads to the recovery of up to N1 billion will receive five per cent of the amount. The reward for any amount between one and five billion naira would be five per cent for the first N1 billion and four per cent of the remaining N4 billion, and any amount over N5 billion will attract 2.5 per cent reward. The Federal Government had promised that any whistleblower, whose information led to the recovery of cash or assets worth N5 billion, would earn N210 million.
The latest discovery at Ikoyi was alleged to belong to a former Managing-Director, Operations at the Nigeria National Petroleum Corporation , NNPC, Mrs Esther Nnamdi-Ogbue.
But shortly after the media report, Mrs Esther Nnamdi-Ogbue issued a statement denying ownership of the large sums of money.
Through a statement by her lawyer, Emeka Etiaba, SAN, Mrs Ogbue had expressed shock at the said recovery and saluted the courage and efforts of the EFCC in the war against corruption but said the money was not her own.
The statement issued on her behalf read: "The attention of our client, Mrs. Esther Nnamdi-Ogbue has been drawn to the news making round in the news media to the effect that the large sums of money to wit: $38,000,000.00 (Thirty-Eight Million Dollars), N23,000,000.00 (Twenty-Three Million Naira) and £27,000.00 (Twenty-Seven Thousand Pounds) uncovered by the Economic and Financial Crimes (EFCC) from an apartment in Osborne Towers, Osborne Road, Ikoyi Lagos, Lagos State belong to her.
"By this release, we inform the public that the said sums of money and/or the apartment where the sums of money were found do not belong to our client. Our client is as shocked as many other Nigerians at the uncovering and recovery of the said sums of money and wishes to salute the courage and efforts of the EFCC in the war against corruption. She also wishes to commend the whistle blowing policy introduced by the Federal Government in the fight against corruption which policy has resulted in large scale uncovering and recovery of monies and assets.
"It is our client's belief that the source and ownership of the said uncovered sums of money is known or eventually will be known by the EFCC in due course. There is therefore no need for conjecture or speculation".
But on the same day she issued the statement, the Nigerian National Petroleum Corporation, NNPC, announced her retirement , giving no reason for its action.
In the throes of corruption
Indeed, Nigeria's problems with corruption are no longer news. Anywhere he goes, a Nigerian is perceived corrupt and treated with disdain until he proves otherwise.
In rue of this, the Ministry of Finance came up with the whistleblowing policy which allows citizens who report corruption-related offenses to earn a cut from the recovered loot.
And so far, Nigerians have taken the bait. Since the policy came to be, this appeared to be paying off. The Economic and Financial Crimes Commission has been on the voyage of discovery and recovery of looted funds.
Before the recent discovery at Ikoyi, the Minister of Information, Lai Mohammed, said the whistle-blowing policy has led to the recovery of over $180 million from various corrupt individuals.
Whistle-blowers are required to provide key information via a secure online portal involving mismanagement of public funds and assets, violation of financial regulations, solicitation of bribes, and manipulating data and records. When tips lead to the successful recovery of ill-gotten funds, whistle-blowers are entitled to between 2.5-5% of the recovered loot. Whistle-blowers were also promised confidentiality to the fullest extent possible within the limitations of the law.
Catalogue of discoveries and recoveries
According to the Minister of Information and Culture, Alhaji Lai Mohammed, the Federal Goverment has recovered over $151m (N46bn) and N8bn in looted funds courtesy of whistle blowers.
Looted funds recovered through whistle-blowing included €547,730 and £21,090 which were recovered from three sources excluding the $9.8m recovered from a former Group Managing Director of the Nigerian National Petroleum Corporation, Mr Andrew Yakubu and the recent recovery at Ikoyi Lagos , Wednesday.
The Minister said that the biggest amount of $136,676,600.51 (N42bn) was recovered from an account in a commercial bank, where he said the money was kept under a fake account name.
This, he said, was followed by N7bn and $15m from another person and N1bn from yet another.
Mohammed had said, "When we told Nigerians that there was a primitive and mindless looting of the national treasury under the last administration, some people called us liars. Well, the whistle-blower policy is a few months old and Nigerians have started feeling its impact, seeing how a few people squirreled away public funds. It is doubtful if any economy in the world will not feel the impact of such mind-boggling looting of the treasury as was experienced in Nigeria.Yet, whatever has been recovered so far is just a tip of the iceberg."
After the recovery in his premises on February 8, 2017, Mr. Yakubu had reported to the EFCC's zonal office in Kano and made a statement wherein he admitted ownership of the recovered money, claiming it was gift from unnamed persons and had challenged the temporary forfeiture order obtained by the EFCC from the court .
What however has never been known is how much whistleblowers have been paid since the commencement of the policy. It is believed in some quarters that one way the government could encourage more whistleblowing is by being transparent on how much has been paid to individuals who have gone on a limb to expose illicit transactions without disclosing their identities.
Bankers to the rescue
Nigerian bankers and mainly account officers, are perceived as the most useful instruments of the Federal Government's whistle blowing policy and are expected to report the wrongdoings of former and current public office holders suspected to have embezzled public funds and stashed them in several Nigerian banks.
Several former and current public officers who had allegedly stolen from the treasury either hid the physical cash in safe houses or used shell companies, close aides, associates and family members to stash the ill-gotten funds in bank accounts using the names of the companies or their friends, family members and associates.
These looters although they use several account names usually operate the accounts themselves, a fact that is well known by the bank account officers who help them to manage the accounts.
However, since the federal government unveiled the whistleblowing policy as a means of recovering stolen public sector funds, a number of junior and middle-level bankers have been quietly ratting on the true beneficiaries of the accounts in order to cash in on the rewards derivable from the policy.
As for the latest loot recovered at Ikoyi, the case has been resolved by the court that the money be returned to government until real ownership is established.
Some lawyers in Lagos State on Saturday called for transparency in the utilisation of security vote by top political office holders to forestall abuse of the process.
They told newsmen that the process could only be sustained if public funds in trust were diligently utilised.
Newsmen report that security vote is the practice of appropriating funds with the aim of enhancing national security.
Specifically, security vote is the catch-all line item inserted in the budget to give recipients the flexibility to cover ad hoc security expenditures.
The President, Nigerian Bar Association (NBA), Mr Abubakar Mahmoud (SAN), said, "There are many issues and controversies around the management of security vote.
"I think the more control and transparency in the system, the better.
"Having served in government previously myself, I think there are justifications for having security vote, but the vote ought to be managed properly and there is need to have a framework for accountability.
Abubakar-Mahmoud, SAN
"Security vote is an issue which the state governors should handle in a manner that sustains public confidence,'' Mahmoud said.
Also, the President, Lagos Court of Arbitration, Mr Yemi Candide-Johnson (SAN), said that there should be transparency and accountability in the system.
Candide-Johnson said, "All public funds are used on trust and they must be subjected to accounting; security is not sorcery.
"It is the execution of a planned response to a range of anticipated dangers.
"This can be budgeted and subjected to oversight and accountability.
"The problem we have is that security vote in our context is a personal and political slush fund for discretionary misspending.
"We should know how much is being spent,'' Candide-Johnson said.
He said that such accounting required more confidential oversight; in some instances, the Intelligence Committee of the House of Representatives or Senate and an independent oversight agency should do a review.
In his remarks, a Social Critic, Mr Spurgeon Ataene, said, "transparency is key to dealings in security vote.
"Security vote has been in existence for a purpose, but the most important is that the executive arm of government should not be ridiculed.
"The abuse of the provisions of security vote is what elicits condemnation and controversies among the citizenry,'' he said.
Ataene said that there should be transparency in the use of such vote.
He said that any unutilised fund should be used for the common good of all or returned and be appropriated in the next fiscal year.
A renowned Islamic scholar in Kano, Sheik Abba Adam-Koki has advised Gov. Abdullahi Ganduje to intervene in the allocation of plots to traders at Kofar Mata Central Eid ground in Kano metropolis.
Adam-Koki made the call at a news conference in Kano on Saturday on behalf of Islamic scholars in the employ of the state government.
According to him, it is the collective decision of the Islamic scholars to seek the intervention of the state government following series of complaints by individuals and groups.
Kano State Governor, Abdullahi Ganduje
He said they found it also necessary to advise the government in view of the fact that the Eid ground had been in existence for over 300 years.
"As Islamic scholars, we have the responsibility to advise the state government on matters of great concern to Muslim Ummah, hence our decision to give this honest advice," he said.
He said there were many markets such as Kwari Textile market in Kano metropolis which the state government could expand.
He said that allocating plots at the Eid prayer ground for business purposes was not only improper but would temper with the structural design of the Eid praying ground.
Adam-Koki, who is also the Chairman of the Pilgrims Welfare Board, said the Islamic clerics had written to the state government on the issue and expressed hope that it would intervene to save the place from further encroachment.
Present at the conference were the Commander General of the state Hisbah Board, Sheik Aminu Daurawa, and Chairman of Sharia Commission, Sheik Abdullahi Tofa, among others.
Gov. Atiku Bagudu of Kebbi has called on stakeholders in education to help tackle challenges in the sector.
Bagudu made the call at the award presentation and launching organised by Gwandu Emirate Students' Association (GESA), Usmanu Danfodio University chapter, in Birnin Kebbi on Saturday.
"Our education is challenged in different ways, the challenges we have are not the same challenges of the yester years.
"All of us should come together to help our students to the best of our abilities in order to help the education sector move forward," he said.
He said that his adminstration would offer necessary support to make the students excel in their academic pursuits.
Earlier, the President of the association, Mujtaba Makera, commended the governor for implementing free education policy in the state.
He also appreciated the state government's efforts in "consolidating democracy through agricultural revolution."
Newsmen report that the association generated N3.2 million at the event.
The National Emergency Management Agency (NEMA) has confirmed two persons dead by hit and run vehicles along Lagos/Ibadan Expressway.
A statement by Spokesman for the agency, Mr Ibrahim Farinloye, in Lagos on Saturday quoted NEMA South-West Zonal Coordinator, Alhaji Suleiman Yakubu, as saying that the victims may have been knocked down in the morning.
NEMA staff at work after Maidugur blast
"A motorcyclist was found in front of Majun City Estate, while the other mangled body was found about three kilometers to Mowe from the Ibadan end of the expressway.
"We have contacted the Federal Road Safety Commission (FRSC) for the evacuation of the bodies," he said.
The coordinator called on those whose relations may be missing to contact the Sagamu Interchange Unit and the Mowe FRSC Unit for identification.
He advised motorcyclists to desist from using the expressway, saying that it was risky to do so.
Senator Dino Melaye has been in the news for sometime now. From a certificate scandal to a video mocking his accuser, the latest being an attempt on his life.
Dino Melaye
According to reports, the Senator escaped death by whiskers when gunmen invaded his house in the early hours of Saturday at Ayetoro-Gbede, Ijumu local government area of the state.
The assailants shot sporadically into the building about 12 am, reports said.
After the rain of bullet that lasted over one hour, two of the vehicles parked within the premises were damaged, while part of the building was also destroyed.
Speaking, Senator Melaye said "I got a rousy welcome from Kabba to my home town yesterday (Friday) and I know it angered the power that be in the state which mobilised for this assassination attempt on my life.
"At about midnight we started hearing gunshot. They fired more than 200 rounds of bullet into the house. This attempt to kill me will not stop me from speaking the truth.
"If I speak the truth I will die, if I lie I will die. Me, I've decided to speak the truth and die. I'm not afraid of death. I only respect men I don't fear them.
"This attempt is being championed by the chairman of my local government. He had said it many times that he will do everything to stop me from coming home. Beside, those assailants when leaving were chanting 'We will know if it's Taofiq that owns the land or you.
"I am championing an administrative course. I will continue to speak and be voice to the voiceless. I'm not deterred, I remain resolute to make Kogi better. Noting will stop me from coming home."
However, the local government chairman, has debunked Dino’s claim and asked him to come forth with evidence if he has any.
Former Special Assistant to ex-president Goodluck Jonathan on new media Reno Omokri has asked if Nigerians can swear that no foreigner has ruled Nigeria before.
Reno in a series of tweets on his handle said that with the influx of the so called ‘foreign almajiri’ in Nigeria ‘can we swear a foreigner hasn’t ruled Nigeria before?
Ex President Goodluck Jonathan flanked by ex Governor Aliyu Wammako and the Sultan of Sokoto, Alhaji Sa’ad Abubakar III while ex Governor Saidu Dakingari of Kebbi ZState (l) and others watched during the official ceremony to commission the Model Almajiri school at Gagi, Sokoto State.
‘With the influx of foreign almajiri in Nigeria can we swear a foreigner hasn’t ruled Nigeria before?’
He went further to ask ‘What if some of these foreign almajiris join our military, police and paramilitary institutions?’
He also insinuated that the so called almajiris whom ex president Goodluck Jonathan was helping were used to vote him out.
‘Ironically, it was same GEJ govt that was trying to help them that almajiri were used to vote out.,’
Rivers State Governor, Nyesom Ezenwo Wike has described as unfortunate the desperation of the Federal Government to cover corruption simply because her principal financial sponsor is involved.
GOVERNOR Nyesom Wike
Briefing Rivers Christian Leaders on the development at the Government House, Port Harcourt on Saturday, Governor Wike stated that the Rivers State Government is not interested in the prosecution of the immediate past Governor, Rotimi Amaechi, but simply seeking the return of funds belonging to the state.
He said that should the Federal Government return the stolen resources domiciled by the Former Governor at his Ikoyi residence , the said funds would be deployed for the completion of Amaechi's abandoned pet project, the monorail.
Governor Wike said that the promotion of insults and needless propaganda will not detract the Rivers State Government from recovering her stolen resources, declaring that the state is ready for a lengthy battle with the Federal Government over the Ikoyi Billions.
“The Federal Government wants us to believe that a security agency will keep a whopping N 16billion in a private residence in cash. They think that Nigerians don’t have brains.
“When millions of dollars were found in Kaduna, the EFCC was quick to announce the owner of that money. Now they don’t know the whistle blower in the case of the Ikoyi Billions and they are afraid to disclose the owner of the money.
“I am not interested in the prosecution of our son, the former governor, Rotimi Amaechi. We are just interested in the return of Rivers money . God has caught them”.
He warned: “If the Federal Government does not leave Rivers State alone, it will never be well with them”.
The governor said that unless the Federal Government returns this illicit fund stolen from Rivers State, the APC administration will not know peace.
He urged Christian clerics in Rivers State to continue to pray for the administration to have sleepless nights until they effect the refund.
Governor Wike informed that the legal team of the State has been briefed and they are ready to commence action.
“They are covering corruption because a key player of the administration is involved. This is not a rumour. They know that the money belongs to Amaechi “, he said.
The governor took out time to explain to the Rivers Christian Leaders on how the Former Rivers State Governor, Rotimi Amaechi diverted proceeds from the sale of gas turbines valued at $309million . He informed the clerics that investigations by the Rivers State Government revealed that the $43million dollars found in a luxury apartment in Ikoyi was part of the fund.
Responding, Monsignor Pius Kii of the Catholic Institute of West Africa (CIWA), Port Harcourt commended the governor for always showing respect to clerics by explaining position of things to them.
The meeting was attended by Leaders of Christian Association of Nigeria, Rivers State, Archbishop Ignatius Kattey of the Anglican Province of Niger Delta, Methodist Archbishop of Port Harcourt, Rt Reverend Sunday Agwu and the leaders of Pentecostal Fellowship of Nigeria.
The Sultan of Sokoto, Alhaji Sa'ad Abubakar, said on Saturday that begging has no basis in Islam and challenged those engaging in the act to find legitimate means of earning a living.
Newsmen report that Abubakar made the remark in Sokoto at the graduation of 2000 women trained in various skills by the Wife of Sokoto State Governor Hajiya Mairo Tambuwal.
The training was conducted in collaboration with Sokoto State Zakkat and Endowment Commission to empower the women drawn from the 86 districts of the state.
The Sultan said, "our women should always desist from street begging, as it has no base in Islam and it only generates more harm than good among the society.
"Women have always been the pillars for any societal development, so we need to do more in encouraging and supporting their living standard in order to yield a better society.
Sultan of Sokoto, Alhaji Sa'ad Abubakar III
"Moreover empowering women is one of the positive base to a better, secured and productive society."
He commended Mrs Tambuwal for initiating the programme and admonished the beneficiaries to utilize the opportunity to enhace their livelihood.
Earlier, the governor's wife had expressed appreciation to the Sultanate Council, the state government and Zakkat commission for supporting the initiative.
She said that the skills training was principally to make women in the state self reliant.
Mrs Tambuwal, who was represented by Hajiya Hauwa Muhammad, called on the beneficiaries to apply the new skills they acquired to uplift their economic status and contribute to the overall development of the state.
The Overseer of the Zakat commission, Malam Lawal Maidoki, said that the 2000 women were carefully selected and empowered to live above the poverty line.(
A 26-year-old mother of four, Anya Ashom has emerged winner in the female category of the maiden Jos Mountaineering Competition.
Kaze Samuel, a 35-year-old security guard, who was the oldest participant, won the male category held on Saturday in Jos as part of the ongoing Jos Carnival.
Mr Peter Mwankon, the Plateau Commissioner for Culture and Tourism, said mountaineering was featuring as competition for the first time in any carnival in Nigeria.
Mwankon implored people of the state to guard their heritage, stressing that such competition would attract development.
Mr John Kaze, a community leader that host the Shere Mountains, lauded the government for initiating the carnival.
Kaze said game would expose its youths to economic opportunities.
Newsmen report that Shere Hills, located in Jos East Local Governmet, is about 1000 feet above sea level and has served as training ground for military and paramilitary agencies over the years.
The mountaineering recorded five casualties out of the 48 persons that registered for the competition.
Two had bruises while three had cases of respiratory distress but were quickly resuscitated.
The Jos carnival continues with a musical festival on Easter Sunday and a carnival procession on Easter Monday.
Speaking to newsmen, Samuel, winner of the male category, said he had never participated in any mountaineering competition before.
He said he decided to try his luck at the maiden edition of the Jos Carnival.
"I am a security personnel with three children, I have never competed on a big platform like this but decided to try my luck and I am grateful for emerging winner in this category.
"I urge the government to sustain this competition to give us platform to compete even on bigger levels both locally and internationally,'' he said.
On her part, Ashom told newsmen that she had grown up climbing hills to gather firewood to cook for her family.
She added that she enrolled for the competition since the feature and terrain of a hill was similar to a mountain.
Savouring his court-ordered freedom after spending about eight years at Kirikiri prison, Lagos for alleged complicity in the attempted assassination of Alex Ibru, then publisher of Guardian newspaper, a former Chief of Army Staff, Lt- General Ishaya Bamaiyi, has come out with his book. "The book, titled “Vindication of a General” ought to have been aptly titled “Lies of a General”.
The book, which purports to be his own story, detailing his travails during his trial, is unfortunately riddled with falsehood and gross misrepresentation of facts as far as the incident regarding his false allegation against the first presiding judge, Ade Alabi was concerned. "Bamaiyi was charged along with Major Hamza, Al-Mustapha, former Lagos police Commissioner, James Danbaba, CSP Rabo Lawal and Col. Baba Yakubu, over the attempted murder of Mr Ibru.
As the trial got underway, the defendants tried all tricks in the book to delay and scuttle their trial and one of the strategies was to accuse the presiding Judge, who incidentally was the Chief Judge of Lagos State, Justice Ade Alabi, of demanding a bribe of $10 million (not N10 million as stated by Bamaiyi in his book), to enable him grant bail to the defendants.
First, the defendants made the allegation in the open court, ostensibly to annoy the judge and eventually to get the case transfered to another judge who would then start the case de novo. "The case was being prosecuted by the Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osinbajo, who was ostensibly incensed over this spurious allegation.
The defendants, thereafter petitioned the National Judicial Council (NJC) which investigated the allegation and exculpated the judge, having found that the allegation was spurious and baseless.
To underline his ignorance, Bamaiyi, in trying to pooh-pooh the NJC’s investigation, claimed in his book that the judge “refused to enter the dock” during the investigation. If the retired General had availed knowledgeable people, versed in law the privilege of going through his poorly written manuscript, they would have told him that NJC administrative panel is not a criminal court where a defendant facing criminal charges enters the dock. They would also have advised him against the defamatory statements he made in the book concerning the judge and Osinbajo. "According to Bamaiyi, “Specifically, that prof. Osinbajo brought what he said was the panel report during one of the motions. Unfortunately, pages one through to twenty-nine of the report were not produced”. He went on to allege that the NJC protected the judge, while he similarly alleged that Osinbajo and the presiding judge were invited to Abuja and directed to convict the defendants within six months. He went on with his cocktail of lies of how the judge allegedly demanded a bribe of N10 million.
As someone who was a witness during the trial and conversant with the facts, l say without any equivocation that nothing could have been farther from the truth.
Bamaiyi should have known the additional steps taken by his lawyer, Mike Okoye during the trial, in repeating this allegation of bribery and how he recanted and apologised to the judge.
Mike Okoye had addressed a press conference, where he repeated the allegation of Bamaiyi but in his own case, he alleged it was $10million and not N10 million as stated by Bamaiyi. These spurious allegations were published by the press and Mr Okoye was subsequently charged to court for criminal contempt. "He was charged before Justice Bode Rhodes-Vivour (now Justice of the Supreme court).
In court, Okoye recanted and apologised to the judge.
Below is the full text of the ruling by Justice Bode Rhodes- Vivour in the Mike Okoye Contempt case.
In the High Court of Lagos state "Holden in the General Division, Lagos "On Friday 8th Day of March, 2002
Before the Hon. Justice Bode Rhodes-Vivour "Suit No.LCD/9/2002 "Between The State "And "Mike Okoye
RULING
Mr. Mike Okoye, a legal practitioner was charged on an information with the following offences:-
Count 1 "Statement of Offence
Contempt of Court Contrary to section 133 (4) of the "Criminal Code Cap 32 Vol.2 Laws of Lagos State 1994.
Particulars of Offence
Mike Okoye (M) on or about the first day of January 2002 at Lagos in the Lagos Judicial Division did cause the scandalizing of the court with utterances and statements spoken and made in news item of "THISDAY" Newpaper of 7/1/2002 and concerning the Honourable Mr Justice A. Ade Alabi in the public capacity, to wit, qua the presiding trial judge seized of the conduct of charge No. LCD/108/99: The State vs. Lt. Gen. R. Ishaya Bamaiyi and 4 others.
Count 2
Statement of offence
Contempt of court contrary to section133 (4) of the Criminal Code Cap 32 Vol. 2 Laws of Lagos State 1994. Particular of Offence:
Mike Okoye (M) on or about the 4th day of January 2002 at Lagos state in the Lagos Judicial Division, did cause the scandalizing of the court with utterances and statements spoken, published and made in a news item on the back page of Daily Times newspaper of 7/1/2002 and concerning the Honorable Mr. Justice A. Alabi in his public capacity to wit, qua the presiding trial Judge seized of the conduct of the charge number LCD/108/99: The State vs Lt. Gen R. Ishaya Bamaiyi and 4 others.
He pleaded not guilty to both counts , and immediately proceeded to read out a prepared text to the court. The operative part reads thus:
I apologize to the Bench and the Hon. Justice Ade Alabi for any injury he may have suffered from his unwarranted and unnecessary publications. I am aware that the publication has the effect of bringing to disrepute, office, integrity and position of Hon. Justice Alabi but l would want to disabuse the minds of the public of this impression and state that these allegations of corruption leveled against Hon. Justice Ade Alabi are not true to the best of my knowledge”.
Thereafter, the Lagos State Solicitor General applied to withdraw the charge on behalf of the Hon. Attorney General and the Commissioner of Justice. This is what he had to say:"I wish the court understands the attitude of Office of the Attorney-General to prosecute or otherwise. Because Mr. Okoye has apologized and because more fundamentally, he has admitted that the allegations are not true, it is our view that the mischief/damage which this proceedings were filed to correct, to wit: maintenance of the institution and it's officers, I would, considering the plea of the accused person, be willing on behalf of the Attorney-General to withdraw the charge."
After listening to
Mr. Femi Falana, counsel for Mr. Mike Okoye Mr T.E.Williams representing Chief F.R.A Williams Mr Dabiri, Chairman, Nigeria Bar Association, Lagos Branch Mr. L.Yusuf, Chairman, Nigerian Bar Association, Ikeja Branch 5.Mr O.O. Salu, representing Mrs. Ayo Obe of the Civil Liberties Orgnisation.
I adjourned this suit till today. I adjourned for a ruling and not to seek appropriate directives as reported in the Guardian Newspaper of 2/3/2002. See proceedings of 1/3/2002.
It is about time that when a reporter is not clear as to what a judge said, he would do well to seek an explanation from the registrar of court, rather than credit the judge with what was never said.
The Honorable Justice Ade Alabi is the trial judge in suit No.LCD/108/99. The accused persons are Lt. General Bamaiyi, the former Chief of Army Staff, Major H. Al- Mustapha, Chief Security Officer to the former military "Head of state, Rabo lawal, a Chief Superintendent of police, Mr James Danbaba, a one time Lagos Commissioner of police and Col. T. Baba Yakubu, ex-administrator of Zamfara State. They are charged with attempting to kill the Guardian Publisher, Mr. Alex Ibru.
During the trial, which is still in progress, Major Al-Mustapha accused the trial judge of demanding bribes from him. Mr. Mike Okoye who at the time represented one of the accused persons, held a press conference and told newsmen that he could prove the trial judge demanded for $10 million from the accused person. The Daily Times and THISDAY Newspapers of Monday 7th day of January 2002, gave wide coverage to Mr. Okoye's wild, unguarded and unfounded statements which to me, amount to the most despicable assault on the Bench. Mr. Mike Okoye's conduct constitutes an intolerable attack on the Bench and the well being of society. A crime of monumental proportions. Such dare devilry must be checked, otherwise the foundations of the judiciary may very well crumble.
The Honourable Attorney-General quickly rose to the occasion, filing this information.
One can imagine the days, weeks of grinding hell, an awful strain these unguarded and untrue accusations caused his Lordship , a judge no doubt with transparent integrity and manifest probity, whose tireless energy and unquenchable enthusiasm are too clear for all to see.
Okoye said openly in court that his statement with the press are not true. The need to proceed with a trial with be pointless since the statement fundamentally addresses the issue and the trial will not do the same.
It is not the practice of courts to question the Attorney-General when he decides to withdraw a charge . He can not be questioned by anyone and owes no one an explanation for prosecuting or deciding against prosecution.It is clear that the offensive publications were given very wide coverage by the press and other electronic devices. "Petitions were addressed to the Executive, Legislative, and Judiciary, accusing the highly respected Jurist of taking bribes. It becomes imperative that a retraction is given similar wide publication.
1.Mr Okoye shall cause to be published, the entire statement he made to this court on 1/3/2002 in the following Newspapers:
(a) The Daily Times
(b) THISDAY
(c) The Punch
(d) The Guardian and
(e) THE Tribune
This ruling and the proceedings in the suit shall be forwarded to (a)The Body of Benchers
(b)The Privileges Committee and the
(c)And the Disciplinary Committee of the Bar.
The matter would be further adjourned to Friday, the 15th day of March 2002, for compliance. Rhodes-Vivour " Judge "8/3/ 2002 Appearance "Mrs. B.B. Ayodele, T.K. Shitta-Bey with her for Lagos state; "O.Okorojie, I. Okoli, L. Okoroafor, A. Ebohon with him holding F. Falana's "Brief for the accused person; "T.E. Williams, M. Giwa Amu with him for Chief F.R.A. "Williams SAN as friend of the court "Bode Kowe holds brief of L. Yusuf, friend of the court.
B.Rhodes-Vivour. J
Based on this ruling, it would amount to sheer mischief for General Bamaiyi to make such defamatory statements against Hon. Justice Ade Alabi and Prof. Osinbajo on the so-called bribery.
Instead of belching out despicable lies against innocent people, Bamaiyi should rather use this time of respite for sober reflection on the controversial roles he played during the General Sani Abacha junta.
More importantly, it would also be interesting for the former Chief of Army Staff to explain how he came about the $4.8million dollars that was swindled off him while in Kirikiri prison, Lagos, for which Fred Ajudua is currently standing trial. "Ajudua, has been charged to an Ikeja High court by the Economic and Financial Crimes Commission (EFCC) for allegedly defrauding Bamaiyi of $4.8 million, having approached the former Army Chief while at Kirikiri prison that he could help him secure his freedom. "Already, a court registrar, Ronke Rosulu, an alleged accomplice of Ajudua in the fraud saga, is currently serving a 10 – year imprisonment, having been convicted by Justice Lateef Lawal -Akapo over her role in the fraud saga.
It may be necessary for the EFCC to ask Bamaiyi to come and explain how he came about such amount of money, even during his incarceration.
* Richard Akinnola is the Director, Media Law Centre
