By Emmanuel Aziken, Rotimi Ajayi, Kayode Matthew & Ayodele Adegbuyi
Posted to the Web: Wednesday, September 27, 2006

The Senate also resolved to keep the Administrative Panel of Inquiry Report that indicted the Vice-President at abeyance and to “marry” the report submitted by President Obasanjo with the response provided by Vice President Atiku.

Also yesterday, the Federal Government said the indictment of the VP for abuse of office as contained in the report of the Economic and Financial Crimes Commission (EFCC) on him had become a statute.

The Senate decision to probe the PTDF which both President Obasanjo and Vice-President Atiku have accused each other of surreptitiously reaping from, was reached during a closed door session of the Senate.

The resolution was upon the recommendations of the Senate Committee on Judiciary as exclusively reported in Vanguard yesterday.
Once the Senators resumed yesterday, the Senate Leader, Dr. Dalhatu Tafida, moved a motion for the legislature to go into a closed session where the report of Senator Osehreinmen Osunbor committee was considered. The decision to first consider the report in a closed session, it was gathered, was to allow the lawmakers to first express their passion on the issue away from the public.

In the eight-page report, the Senate Committee on Judiciary noted the decision of the Vice-President to proceed to court but affirmed the Senate’s constitutional responsibility of oversight of the affairs of government.

The committee asked the Senate to take note of the report of the Administrative Panel of Inquiry, saying the Senate’s standing rules constrained the body from deliberating on an issue in court.

The committee, nevertheless, urged the Senate in its second recommendation to probe the affairs of the PTDF. “The focus of this inquiry will be to unravel any possible lapses in the running of the PTDF, which may facilitate or encourage mismanagement, fraud, or other irregularity. This will enable the Senate identify weaknesses in the enabling law, with a view to effecting necessary amendment,” it said.

The committee report was generally praised by supporters of the President and the Vice-President who commended the Committee for performing a good job.
Agents of both warring men in the presidential villa, nevertheless, expressed optimism that the probe of the PTDF would provide the ammunition needed to further rubbish either the President or the Vice-President.

Ahead of yesterday’s session, Senators loyal to the Vice-President, mostly on account of their third term alliance, met in Abuja where they prepared a fall-back position in the event the recommendation of the Judiciary Committee to probe the PTDF was removed from the report.

The group, according to sources, had prepared a motion to be moved by Senator Ben Obi that would have compelled the Senate to initiate a “Comprehensive probe of the PTDF.”

A move by Senator Olurrunnimbe Mamora to place the allegations of Atiku against Obasanjo as contained in the Vice-President’s formal response to the report of the Administrative Panel of Inquiry was the only controversy at the plenary session. That move was immediately tackled by Senator Kassim Isa Oyofo (PDP, Edo North) who said the only allegations before the Senate were those of the panel report indicting the Vice-President.

In his ruling, however, the President of the Senate, Chief Ken Nnamani, ruled that the response of the Vice-President would go together to the report of the panel of inquiry.

Following the near unanimous reception of the recommendations of the Judiciary Committee, both sides heaved sighs of relief as the majority of Senators from both camps who had come prepared for battle immediately walked out following the adoption of the report.
Briefing newsmen subsequently, Senator Victor Ndoma-Egba (SAN), the Senate spokesman explained why the Senate resolved to take a matured position on the issue.

“We cannot run away from the fact that this is a very trying time for Nigeria and everybody is looking up to the Senate to provide leadership. We must provide very sober leadership at this point in time,” he said.

The Senate President is expected to constitute an ad-hoc committee that will perform the probe of the PTDF. There were concerns yesterday that the composition of the ad-hoc committee could be the first step in what some observers fear could trigger a crisis in the Senate.

The Senate also yesterday resolved, following a motion by Senator Joy Emodi (PDP, Anambra North) to honour the late Mrs. Margaret Ekpo who was lauded by the lawmakers as the last of Nigeria’s female liberation fighters.

EFCC report now statute —FG

The Federal Government yesterday announced its gazette of the indictment of the Vice President Atiku Abubakar for abuse of office as contained in the Economic and Financial Crimes Commission (EFCC) Report had become a statute.

The Director of Public Affairs in the Office of the Secretary to the Government of the Federation (SGF), Mr Eric Teniola, said the statute had become public property which any institution could use for whatever purpose.

He said: “The gazette is now part of government statute. It is now for any institution, either INEC, courts or any public or private institution to make use of. The SGF has done its constitutional role by signing the gazette. The SGF signed on the advice of the Attorney General.”
Meanwhile, Vice President Atiku has described the gazette as a mere administrative formality without force of law.

His spokesman, Dr Adeolu Akande, in a statement in Abuja pointed out that the Vice President had no intention of allowing the gazette to distract him from his campaigns, saying: “Gazetting is an administrative formality. It is of no consequence at all. The judiciary is the ultimate and final arbiter in this case. I have full confidence in the integrity of our judiciary and I know that in the end I would be vindicated. My case is a just one.

“The haste to gazette the alleged indictment shows the desperation of President Obasanjo and the cabal around him to halt Atiku’s presidential ambition by any means necessary. It also shows that the President and his people have no respect for the rule of law. Otherwise, how could they rush to gazette a matter that is already before the court. A government that claims to be law-abiding is now brazenly disrespecting the court.”

Oshuntokun lied —Atiku

Also yesterday, the Atiku Campaign Organisation accused the new Political Adviser to President Obasanjo, Mr Akin Oshuntokun, of lying on the setting up of the Special Committee on Media to manage the 2003 Presidential elections of the President.

A separate statement issued by Dr Adeolu said the Special Committee was set up following the incompetent manner the earlier committee led by the Political Adviser handled the campaign publicity.

“This is yet another falsehood that has become the pastime of Mr. President’s spokespersons. Our contention of the existence of the media committee stands. The committee was inaugurated on February 20, 2003 at the Bullet Building and it had in attendance Akin Oshuntokun himself.

“He was summoned to brief the Special Media Committee on how he was faring in managing the Media/Publicity of the campaign. This is not only evidence that the committee existed, but that it was set up to assess Oshuntokun’s performance and rectify the lapses therein.

“Indeed, at the meeting, Chief Onyema said the cardinal assignment of the committee was to produce a campaign theme/message and provide necessary and adequate publicity for the campaign. The implication of this on the Oshuntokun committee who had managed the campaign in the preceding months is evident.

“For the avoidance of doubt, the committee included other aides of the president— Tunde Olusunle, Dr Stanley Macebuh, Femi Olatunde, Raheem Adedoyin, the then deputy National Publicity Secretary of the PDP was the Secretary and Dr Okey Ikechukwu, Special Assistant to Chief Ojo Maduekwe, then Minister of Transport.

“The committee was set up when the Oshuntokun-led Publicity Committee in Legacy House proved incompetent in coping with the onslaught of the Buhari Campaign Organisation against the presidential ticket of President Obasanjo and Vice President Atiku.

“The committee took over the main functions of media/publicity activities for the campaign including the placement of broadcast and print media advertisement, holding media briefs, printing of campaign materials etc. The N100 million in question was spent by the committee to defray the cost of these responsibilities.”

Gani, Falana, Aturu differ on gazette

However, there were divergent views yesterday among lawyers who spoke on the legal implications of the gazette just released by the Federal Government, publishing the indictment of Vice President Atiku for abuse of office by the Administrative Panel of Inquiry set up by the government.

Lagos lawyer, Chief Gani Fawehinmi, argued that the gazette was the official communication of the Federal Government to the whole world that Vice President Atiku had been indicted by an administrative panel and he could not contest any election in the country by virtue of Section 137 (1) (I) of the 1999 constitution.

According to him, once the court has been informed of the gazette, it would take judicial notice of it and apply Section 137 (1) (I) of the constitution which bars any person who has been indicted by any tribunal or panel of inquiry from holding any public office.

Mr Femi Falana in his reaction, agreed with the submissions of Chief Fawehinmi, adding that any indictment that was not challenged and set aside by the court rendered such person who had been indicted unqualified and incompetent to contest election.

But another lawyer, Mr Bamidele Aturu, disagreed, saying the gazette was a nullity, arguing that since the Administrative Panel of Inquiry was not gazetted by the Federal Government, its report had no force of law.

According to him, “one cannot build something on nothing. It will collapse. The whole gazette is a superstructure of illegality based on substructure of illegality and everything the government did will collapse.”