You do not have powers to summon Lamorde - Keyamo tells Senate

Read what Barr Festus Keyamo told Senate when he represented former EFCC Chairman CP Ibrahim Lamorde at the Senate yesterday.

He said: “I have great respect for the Senate. I also have great respect for this distinguished committee. Unfortunately, we have a law that is superior to all of us whether it is the Senate or the President of the Federal Republic of Nigeria. So as distinguished as this committee is, it is not greater than the constitution.

“The constitution is very clear as to those who can be subject to investigation by Sections 88, 89 of the constitution. By Sections 88, 89 of the constitution, the Senate has powers over two categories of persons - the first are those who are the subject of investigation. They can be summoned before the committee and the second are witnesses to appear in respect of that investigation.

“Now, those who can be the subject of investigation have to be public officers holding that office that is being investigated. In other words, if you look at Sections 88 or 89, it refers to those who are charged or intend to be charged with the responsibility of an office; so it does not talk about those were charged or who was charged with a responsibility.

“For instance, I want to ask a very simple question: If you write a petition today against Nuhu Ribadu that he was corrupt in office or Farida Waziri, can the Senate invite Farida Waziri to investigate her? It is not possible. They cannot.

“That will be the subject of a criminal investigation because they are no longer holding that office. They can only be invited as witnesses because the Senate has the power to summon anybody, and whoever the person is will appear as a witness not as the subject of investigation.

“In other words, if you are inviting Larmode, you can only properly invite him as a witness because he does not even have access to the documents again. He is no longer chairman of EFCC.

“Even if you say the petition was directed at him in his private capacity, can the Senate investigate him in his private capacity? The answer is no.

“For instance, if you are a public officer and somebody comes to report to the Senate that the public officer raped his wife. Can the Senate investigate that rape?

“The incident did not happen in his official capacity. The Senate can only refer it to the police and say this is a criminal case, because it did not occur in his official capacity.

“So it is clear that this Senate no longer has the power to summon Lamorde. The invitation, the summon, has been overtaken by events; he is no longer in office. He can no longer appear as a person being investigated in this Senate. He can only appear as a witness.

“If there is any allegation against him now, it should go to the police or the EFCC for him to be investigated purely as a criminal allegation.

“We will take advice; we will look at it and take the appropriate decision but I can tell you that the Senate itself is not in a place where their decision cannot be subjected to a review.

“The section quoted states anybody can be summoned as a witness, not as a person to be investigated. It says in the course of that investigation, anybody can be summoned as a witness to give evidence. But what they did was to send a letter of investigation.

“The Senate also has no power to send letters of invitation. They have powers to issue summons to people to appear. Can the court, for example, write a letter of invitation to anybody?

“The powers of this committee are the same powers a court of law exercises. If the court of law wants someone to appear before it, it issues summons. A court of law cannot write an invitation letter. So this Senate has no power to write letters of invitation. They should correct it.

“Do not forget that it is this same Senate that for many years did not know their powers regarding the service chiefs.

“I was the one that went to court to correct all of them. I wrote to them over and over again regarding their powers and they did not listen to me, so I went to court and corrected them.

“I am prepared to go to court at any time to correct this Senate. They don’t know their powers, I insist. You should know that I have done research on the powers of the Senate.”

We Spent 2b not 6b on Presidential Fleet - Presidency

ABUJA – The presidency has vehemently refuted the reports in several quarters that a huge sum of N6b had been lavished on the Maintenance of presidential Air fleet (PAF) in the last 6 months.

The presidency spoke through the Senior Special Assistant to the president on media and publicity, Mallam Garba Shehu.

Shehu in a statement said that only N2.3b had been spent contrary to the figures making the rounds.

He regretted that the president has had to be distracted by some “fictional report”, which he had “caused the government a lot of negative reviews especially in the online media”.

The statement further stated thus: “The government is focused on solving the many major issues our country faces in the areas of the economy, corruption and security. Yet almost every week, the Presidency has to also deal with the distractions which do nothing but distract from the task of government.

“Referring to documents he had requested from the Operational Office of the Presidential Fleet after his attention was drawn to the speculative report, Malam Shehu pointed out that the sum of N2.3 billion was released to the Presidential Air Fleet (PAF) by the office of the Accountant General of the Federation between May and November 2015. This includes releases for personnel cost, overhead and capital expenditure out of the sum of N5,190,381,386.00 appropriated for PAF on the 2015 budget.

“The documents also showed that the sum of N2,127,103,086.66 had so far been expended, leaving a balance of N172,568,912.34 from the amount released.

“However, the sum of N149,062,791.12 was transferred from the PAG’s operation account to the Treasury Single Account, following the President’s recent directive,” he said.

“He added that the sum of N23,801,122.17 remains unutilised out of the funds so far released. During the period 31 May 2015 till date, the Fleet expended the sum of N1,358,910,962.75 to settle outstanding liabilities carried over from last year till May 2015. Furthermore, the sum of N500 million was refunded to the office of the National Security Adviser, NSA for financial support rendered to the Fleet prior to release of funds from the OAGF.

“Thus, the Fleet expended the sum of N449,081,037.25 within the last months comprising N98,500,218.00 for operations, N165,373,176.91 on training and N85,500,116.75 on personnel medicals and overhead. Additionally, the sum of N99,715,493.51 was expended on aircraft maintenance, spares, and subscription services required for operations.

“Any of these documents could have been made available had the newspaper reached out to me or to any one of my colleagues. The damage to the image of government and the good management of the Presidential Air Fleet could have been avoided”.

“Shehu also pointed that the number of aircrafts on the Presidential fleet was 10, not 14 as being bandied about, even as he gave the inventory of the planes to include:
PAF-AIRCRAFT INVENTORY
1. 1× 737 BBJ
2. 1× G550
3. 1× G500
4. 2× Falcon 7X
5. 1× HS 4000
6. 2× Agusta139
7. 2× Agusta 101
Total aircraft holdings 10.”

LAMORDE ILL? Flown abroad - Keyamo

The Nigerian Senate resumed the hearing of a petition of diversion of over 1triliion Naira against the former EFCC chairman, CP Ibrahim Lamorde. Expectedly, Lamorde was absent at the hearing. His Lawyer Festus Keyamo who represented him argued that the Senate does not have powers to invite Mr Lamorde in his personal capacity as a Nigerian citizen haven vacated his office as EFCC Chairman two weeks ago. 

Lamorde is a serving commissioner of Police who spent over 10 years at the EFCC inviting people to clear their names over allegations of fraud. Those who failed to appear were declared wanted. Abdulrasheed Maina of the Defunct Pension Reform Task Force was declared wanted three weeks ago by Lamorde's EFCC over his non appearance at the Commission. Today, that a serving Senior Law officer chooses to dishonor an invitation by another independent tier of Government is disturbing. Is the law really  above?

Read the Presidency's Press Release Over Dasuki

PRESIDENT BUHARI RECEIVES INTERIM REPORT OF INVESTIGATIVE COMMITTEE ON ARMS PROCUREMENT, ORDERS ARREST OF INDICTED PERSONS

On the authority of Mr President, a 13 man committee was set up by the Office of  the National Security Adviser to audit the procurement of arms and equipment in the Armed Forces and Defence sector from 2007 to date.

While the committee which was inaugurated on 31 August 2015 is yet to complete its work, its interim report has unearthed several illicit and fraudulent financial transactions. 

As part of the findings, the committee has analyzed interventions from some organizations that provided funds to the Office of the National Security Adviser, Defence Headquarters, Army Headquarters Naval Headquarters and Nigerian Air Force  Headquarters,  both in local and foreign currencies.

So far the total extra budgetary interventions articulated by the committee is Six Hundred and Forty Three Billion, Eight Hundred and Seventeen Million, Nine Hundred and Fifty Thousand, Eight Hundred and Eighty Five Hundred Naira and Eighteen Kobo (N643,817,955,885.18).

The foreign currency component is to the tune of Two Billion, One Hundred and Ninety Three Million, Eight Hundred and Fifteen Thousand US Dollars and Eighty Three Cents ($2,193,815,000.83).

These amounts exclude grants from the State Governments and funds collected by the DSS and Police. It was observed that in spite of this huge financial intervention, very little was expended to support defense procurement. 

The committee also observed that of 513 contracts awarded at $8,356,525,184.32; N2,189,265,724,404.55 and €54,000.00; Fifty Three (53) were failed contracts amounting to $2,378,939,066.27 and N13,729,342,329.87 respectively.

Interestingly, it was noted that the amount of foreign currency spent on failed contracts was more than double the $1bn loan that the National Assembly approved for borrowing to fight the insurgency in the North East. 

The committee also discovered that payments to the tune of Three Billion, Eight Hundred and Fifty Million Naira (N3,850,000,000.00) were made to a single company by the former NSA without documented evidence of contractual agreements or fulfilment of tax obligations to the FGN.

Further findings revealed that between March 2012 and March 2015, the erstwhile NSA, Lt Col MS Dasuki (rtd) awarded fictitious and phantom contracts to the tune of N2,219,188,609.50,  $1,671,742,613.58 and €9,905,477.00. The contracts which were said to be for the purchase of 4 Alpha Jets, 12 helicopters, bombs and ammunition were not executed and the equipment were never supplied to the Nigerian Air Force, neither are they in its inventory.

Even more disturbing was the discovery that out of these figures, 2 companies, were awarded contracts to the tune of N350,000,000.00, $1,661,670,469.71 and €9,905,477.00 alone. This was without prejudice to the consistent non-performance of the companies in the previous contracts awarded.

Additionally, it was discovered that the former NSA directed the Central Bank of Nigeria to transfer the sum of $132,050,486.97 and €9,905,473.55 to the accounts of Societe D’equipmente Internationaux in West Africa, United Kingdom and United States of America for un-ascertained purposes, without any contract documents to explain the transactions.

The findings made so far are extremely worrying considering that the interventions were granted within the same period that our troops fighting the insurgency in the North East were in desperate need of platforms, military equipment and ammunition. Had the funds siphoned to these non performing companies been properly used for the purpose they were meant for, thousands of needless Nigerian deaths would have been avoided.

Furthermore, the ridicule Nigeria has faced in the international community would have been avoided. It is worrisome and disappointing that those entrusted with the security of this great nation were busy using proxies to siphon the national treasury, while innocent lives were wasted daily.

In light of these findings, President Muhammadu Buhari has directed that the relevant organizations arrest and bring to book, all individuals who have been found complicit in these illegal and fraudulent acts.

 

Femi Adesina

Special Adviser to the President

(Media & Publicity)

November 17, 2015

See why Buhari ordered the arrest of former NSA Dasuki

President Muhammadu Buhari on Tuesday received the interim report of the investigative committee on arms procurement with an order for the arrest of all indicted persons in the arms scam.

This information is contained in a statement issued in Abuja by the president’s Special Adviser on Media and Publicity, Femi Adesina.

According to the statement, the committee which was inaugurated on Aug. 31, is yet to complete its work. But its interim report has unearthed several illicit and fraudulent financial transactions.

“As part of the findings, the committee has analysed interventions from some organisations that provided funds to the Office of the National Security Adviser, Defence Headquarters, Army Headquarters, Naval Headquarters and Nigerian Air Force Headquarters, both in local and foreign currencies,’’ it said.

It stated that so far the total extra budgetary interventions collated by the committee was N643.8 billion while the foreign currency component was $2.2 billion.

The report indicated that the amounts excluded grants from the state governments and funds collected by the Directorate of State Services and the Police.

The statement said the committee observed that in spite of this huge financial intervention, very little was expended to support defence procurement.

“The committee also observed that of 513 contracts awarded at 8,356,525,184.32 dollars; N2,189,265,724,404.55 and 54,000.00 euros; Fifty Three were failed contracts amounting to 2,378,939,066.27 dollars and N13,729,342,329.87 respectively.’’

According to the statement, the committee also noted that the amount of foreign currency spent on failed contracts was more than double the one billion dollars loan that the National Assembly approved for borrowing to fight the insurgency in the North East.

It stated that the committee also discovered that payments to the tune of N3.850 billion were made to a single company by the former NSA without documented evidence of contractual agreements or fulfillment of tax obligations to the Federal Government.

“Further findings revealed that between March 2012 and March 2015, the erstwhile NSA, Lt. Col. Sambo Dasuki (rtd) awarded fictitious and phantom contracts to the tune of N2,219,188,609.50; 1,671,742,613.58 dollars and 9,905,477.00 euros.

“The contracts, which were said to be for the purchase of four Alpha Jets, 12 helicopters, bombs and ammunition were not executed and the equipment were never supplied to the Nigerian Air Force, neither are they in its inventory.

“Even more disturbing was the discovery that out of these figures, two companies, were awarded contracts to the tune of N350,000,000.00; 1,661,670,469.71 dollars and 9,905,477.00 euros alone.

“This was without prejudice to the consistent non-performance of the companies in the previous contracts awarded.

“Additionally, it was discovered that the former NSA directed the Central Bank of Nigeria to transfer the sum of 132,050,486.97 dollars and 9,905,473.55 euros to the accounts of Societe D’equipmente Internationaux in West Africa, United Kingdom and United States of America for un-ascertained purposes, without any contract documents to explain the transactions,’’ the statement said.

The statement noted that the findings made so far “are extremely worrying’’ considering that the interventions were granted within the same period that the nation’s troops fighting the insurgency in the North East were in desperate need of platforms, military equipment and ammunition.

“Had the funds siphoned to these non-performing companies been properly used for the purpose they were meant for, thousands of needless Nigerian deaths would have been avoided.

“Furthermore, the ridicule Nigeria has faced in the international community would have been avoided,” the statement said.

The committee noted with disappointment that those entrusted with the security of this great nation were busy using proxies to siphon the national treasury, while innocent lives were being wasted daily.

“In the light of these findings, President Muhammadu Buhari has directed the relevant organisations to arrest and bring to book, all individuals who have been found complicit in these illegal and fraudulent acts,’’ the statement concluded. 

BREAKING! BOMB BLAST - BOKO HARAM STRIKES AGAIN

Suspected Boko Haram terrorists, on Tuesday night, hit Kasuwan Gwari along Jimeta bye-pass close to Tipper park, Jambutu, Yola, the Adamawa State capital with an explosion suspected to be from an improvised Explosive Device, IED.An witness, said the explosion occurred close to the main vegetable market in the town, as traders were closing for the day and rushing home. According to him, scores were feared killed. The casualty figure, could however, not be determined immediately but officials of the Nigeria Police Force are said to have barricaded the area.

We must Go Back to The Land - President Buhari

The president who is currently Launching the Anchor Borrowers Programme in Kebbi has said that diversifying Nigeria's Economy is not a choice but a necessity following the sharp drop in oil prices from $120 per barrel in 2014 to $46 per barrel in 2015. We must therefore return back to the Land, the president said.