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Reps' fuel subsidy probe, Lawangate and matters arising

Published by Tribune on Wed, 20 Jun 2012


Kolawole Daniel, in this report, writes on the $3 million bribery allegation levelled against the former House ad hoc chairman on Monitoring of Subsidy Regime, Honourable Farouk Lawan and his committee secretary, Mr Boniface Emenalo, by the oil magnate, Mr Femi Otedola; the intervention of the House and the political intrigues that are trailing the allegation.HOW are the mighty fallen!, so goes the old age saying. It can aptly be applied to the bribery allegation hanging on the neck of the former chairman, House Committee on Subsidy Regime probe and Education, Honourable Farouk Lawan. Before the bribery saga, Lawan cut the image of a respected lawmaker who had seen it all, having being in the House since 1999, a grace only him and a few other members enjoy.In fact, Lawan is a power broker in the House with many followers, including the who is who in and outside the House. But the present mess in which he has found himself has taken away all that respect. What started like a rumour was later confirmed by the Chief Executive Officer of the Zenon Oil and Gas Limited, Mr Femi Otedola, who said that he indeed gave Honourable Lawan and the committee clerk, Mr Boniface Emenalo, the sum of $620,000, which was part payment of the $3million the embattled lawmaker had demanded from him in order to give his company a clean bill of health in the fuel subsidy saga. Lawan was said to have collected $250, 000 in two instalments, while his secretary collected, $120,000.Already, there are allegations that the Presidency had a hand in the current travails of the embattled Lawan, in the bid to rubbish the House subsidy probe resolution, but one will be quick to ask, did anybody force Lawan to collect the money he later claimed to have collected' Did he also inform the House leadership about the money' However, in the face of the allegation, the House came up with a strong statement on the bribery scandal, maintaining that it would not side with corruption. The chairman, House Committee on Media and Public Affairs, Honourable Zakari Muhammed, who issued the statement said that 'the attention of the House has been drawn to reports alleging that one of its members, has in the course of his committee work as a member of the ad hoc committee which investigated the subsidy regime, allegedly received a gratification from an oil baron to exonerate his companies from complicity in the oil subsidy scam'.The statement added: 'The reason we inaugurated the ad hoc committee to look into the controversial subsidy regime in the first place was to expose corruption in the sector, as such, we cannot, for whatever reason, support any underhand dealing from any quarter. However, these accusations, what ever their merits, do not detract from the quality of the work done by the committee. The report of that committee was adopted by the whole House and we stand by the resolutions of the House.''Reports had it that the operatives of the State Security Services (SSS) were contacted when the four- time lawmaker impressed it on Mr Otedola to bribe him , to clear his company of wrongdoing in the House-instituted probe. The SSS operatives were reported to have swung into action and, at the end of the day, they were able to have a video recording of the unholy alliance of the trio at the centre of the bribery scandal. Before the admission of the embattled lawmaker that he truly collected $600 000 from the oil magnate and not the $620 000 figure threw up by Mr Otedola as the marked money he had parted with , the lawmaker had, in a statement, denied recipiept of any money. Lawan, in his statement, said, 'My attention has been drawn to several newspapers and internet stories alleging that a prominent member of the House ad hoc Committee on Petroleum subsidy demanded and received the sum of $600,000 as bribe from an oil marketer.'I wish to categorically deny that I or any member of the committee demanded and received any bribe from anybody in connection with the fuel subsidy probe and I believe this is evident from the thorough and indepth manner the investigation was carried out and the all encompassing recommendations produced therefrom as approved by the whole House.The general public is hereby reminded that during and after the investigations we have severally raised alarm on the pressures on us from different quarters', he said.Continuing, he added:'I wish to refer to the front page publication in the Leadership Weekend newspaper of 28 April 2012 captioned 'Marketers offered subsidy committee plane-load of dollars' where we alerted the public that a marketer promised to fly in a jet loaded with US Dollars which he 'intended to share to both the House leadership and members of the adhoc committee' to influence the outcome of the report'.According to him, 'This clarification is necessary in order to clear all the insinuations being bandied about and, more importantly, to enable the government concentrate on the implementation of the report. The present mudslinging is not unexpected in view of the calibre of people whose actions and inactions were found wanting in the report.I am aware that in their desperation to discredit the report and divert the attention of the public from the real issues of large scale fraud in high places established in our report, a video footage displaying a caricature of my person allegedly having a dealing with a marketer reminiscent of the military era when dignitaries were invited to the villa to watch a video clip of a phantom coup involving Chief Olusegun Obasanjo is already in circulation.'I wish to assure all Nigerians that the sanctity of our report remains unassailable and it will be in the best interest of the country if the relevant authorities faithfully and conscientiously implement the resolutions of the House. No amount of red herring and cheap blackmail will affect our resolve to continue to act in the best interest of the country with all the available information at our disposal. No doubt, the last has not been heard'. Less than 24 hours after the embattled lawmaker issued this statement, he, however, recanted, claiming that he only collected the bribe money in other to expose the oil magnate. But sources in the know reportedly said that Honourable Lawan was economical with the truth on the issue.To this end, the bribery allegation was said to have jolted the House leadership, led by Honourable Aminu Tambuwal, and all members, including Lawan's committee members, namely, Honourables Ali Babatunde Ahmad, James Abiodun Faleke, Alphonsus Gerald Irona, Umar Abubakar Sade, Eucharia Azodo, Abbas Tajudeen, and Chairman House Committee on Appropriation, Hon John Owan Enoh.After series of meetings at different locations, the House leadership decided to hold an emergency session to deal with the issue of the bribery allegation which was already taking a different dimension, with questions being asked on the involvement of the House leadership, as it was alleged that Lawan could not have acted alone. Sources close to the leadership of the House, however, said that this new development jolted the Tambuwal-led House, thereby summoning the emergency session. The Clerk of the House Barrister Mohammed Sani-Omolori, in a one paragraph statement entitled, 'Special Announcement. Reconvening of the Plenary Session of the House of Representatives' said, 'this is to inform all honourable members of the House of Representatives that the House would reconvene to hold a Plenary Session on Friday June 15th, 2012 at 10 am prompt. Honourable members are advised to take note and attend promptly, please'.But aside the $3 million allegation, another N11 billion also surfaced, which said sum was allegedly collected in bribe by yet to be named lawmaker(s) from oil marketers during the probe.At the emergency session, the House unanimously axed Lawan over his alleged involvement in the $3 million bribery allegation levelled against him by Mr Otedola. The House went further to reverse itself over its earlier decision to leave Zenon Petroleum and Gas Limited which had $232,975,385.13 written against it and Synopsis Enterprises Limited which also had $51,449,977,47 written against it off the hook of companies which took FOREX but failed to use same for importation of fuel as applied for.The session also suspended Lawan as the chairman, House Committee on Education as it directed the committee's Deputy Chairman, Honourable Rose Oko, to take charge of the committee, while Honourable Enoh, a member of the ad hoc committee, was named as the new chairman of the panel.The decision to suspend Lawan as chairman of both the ad hoc panel and the Education Committee was sequel to a motion moved by the Chief Whip of the House, Honourable Ishiaka Bawa, entitled 'Allegation of the $620.000 bribe against the chairman, ad hoc committee on the monitoring of fuel subsidy regime, Hon Faroul Lawan and Secretary, Mr Boniface Emenalo'. However, there was a mild drama when Honourable Bawa referred to the Clerk on the committee as Boniface 'Elumelu' instead of Emenalo. Bawa had to turn back and apologise to Honourable Ndidi Elumelu by bowing to him in a suggestive way, to say that he was sorry for the embarrassment his statement might have caused him.The House, during the session, mandated the National Assembly management to investigate and punish Mr Emenalo if found guilty and equally suspended him as secretary of both ad hoc committee and Education.The House also directed its Committee on Ethics and Privileges to investigate the bribery allegation against Lawan and report back within two weeks and as well, 'support and encourage the investigations already being undertaken by the relevant security and anti corruption agencies'.On its resolution on subsidy regime, the House 'urges President Goodluck Jonathan and all security and anti- corruption agencies to proceed with the implementation of the House's resolution on the fuel subsidy regime investigation report already communicated to them' stressing that, 'all relevant standing committees with jurisdictions on the Petroleum Sector, including the committee on Legislative Compliance, are to monitor and ensure full implementation of the resolutions on the fuel subsidy regime report and report back to the House'. The Minority Whip of the House, Honourable Samson Osagie, who also spoke in support of the motion, proposed that the House should pass a vote of confidence in the Speaker, Honourable Aminu Tambuwal, a proposal which received resounding applause and standing ovation from members. Consequently, Osagie explained that the House, under the leadership of Tambuwal, had lived up to expectations in the last one year, stressing that, 'if a member of the House commits an offence, it is not the National Assembly that committed that offence'. Osagie however charged members 'to try as much as possible to live above board' and regretted the crisis he said had engulf Lawan, stressing that 'for us in the House, we will refuse to be blackmailed'.However, Bawa had, in his motion, asked the House to refer the ad hoc committee recommendation on the Synopsis Enterprises limited and Zenon Petroleum and Gas Limited to the committee of the whole for further legislative action.Immediately the motion was passed, the Speaker stepped aside to allow his Deputy Speaker, Emeka Ihedioha, who is statutorily bound to chair the committee of the Whole, to step in. At the committee of the whole session, the recommendations was quickly considered that the decision of the House excluding the two companies should be rescinded. The chairman, House Committee on Rules and Business, Honourable Albert Sam-Tsokwa, who moved that the report of the committee of the whole should be considered said, 'that this House consider the report of the Committee of the Whole on the Monitoring of Fuel Subsidy Regime and approved the recommendation, that marketers who obtained forex but did not import petroleum products should be referred to the relevant anti-corruption agencies with a view to verifying what they used the forex for'.It will be recalled that the two companies names were deleted on April 24 , particularly recommendation 29 of the committee's report, in which the two names was among the 15 companies listed by the panel alleged to have obtained forex but which failed to import petroleum products from 2010 to 2011.But during the consideration of the report, Lawan informed the House that the names should be removed from the list, claiming that it was listed in error.In his speech at the session, Tambuwal explained that the Special Session of Plenary was pursuant to Order 5(18)(2) of the Standing Rules of the House of Representatives, noting that 'the objective of the Session, which you have just accomplished, is to deliberate on grave allegation of bribery brought against a member of this Hallowed Chambers. Honourable Farouk Lawal by Mr Femi Otedola, an oil marketer, in connection with the work of the ad-hoc Committee on the Monitoring of Fuel Subsidy Regime empanelled by the House for that purpose. In accordance with our Legislative Agenda, we must continue to be not only sensitive to the yearnings and aspirations of Nigerians but also proactive on all matters of urgent national importance. Therefore, while I apologize for the inconveniences caused to members by this sudden recall from the recess, I trust that we all appreciate that this is a call to important civic duty for our dear country'.He maintained that the House would not renege on its avowed 'probity, accountability and transparency in the conduct of government business as a cardinal Legislative Agenda we advised ourselves never to expect that it will be an easy task. Accordingly, I have had cause to occasionally sound a note of warning and reminder that our constitutional task is inescapably hazardous requiring total commitment, diligence, transparency; determination and sacrifice.'I find it compelling to state for the umpteenth time that the constitutional power of investigation conferred on the legislature is for the purpose of law reform and for the exposure of corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it. In the exercise of this function, there shall be no sacred cows.'I have emphasised the constitutionality of the oversight function of the legislature because there lingers among many public officials, the notion that in holding public or investigative hearings, the legislature is overstepping its bounds and also neglecting its other functions. Nothing can be further from the truth. The records of our performance for the first legislative year which just ended on 6th June 2012 show that the performance in the area of legislation was equally impressive.'I wish at this point to make this pledge that the House of Representatives shall continue to act responsibly by ensuring that all investigations are instituted only when absolutely necessary. Furthermore, we shall insist on probity and fairness on the part of our members conducting such investigations; and we shall not hesitate to sanction anyone who in the course of these investigations overreaches himself or uses the process to intimidate anyone or engages in corruption.On the bribery allegation, he maintained, 'while we consider it preposterous and hasty to dismiss the current bribery allegations, pending the outcome of ongoing investigations, including our in-house investigation just instituted, we reject in totality insinuations being orchestrated in some media to the effect that the allegations have eroded the integrity of the Resolutions of the House on the report and rendered same unworthy of implementation.''He, however, reiterated that the resolutions of the House over the fuel subsidy regime remained valid.He equally reaffirmed that his leadership had not been compromised and would never compromise on its stand against corruption noting that 'the credibility of that report therefore remains inviolable and we stand by it'.He then urged the executive arm of government to match its words with action in the implementation of the House resolutions. To this end, he called on members to remain firm, resolute and committed to the execution of their constitutional mandate whatever the hazards.There is no doubt that the whole House rose to the occasion to defend the institution of the National Assembly and its leadership in the face of the bribery scandal. One will be quick to add that the leadership of the House, if it is truly out to combat corruption, should put machinery in place to monitor the activities of its members, so that they do not rubbish the institution any more by their actions or inaction because, from the look of things, there might still be many more Lawans in its fold.
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