Nigerian Government Maintains Stand On Anti-Corruption

The Federal Government has no plan to drop charges against anybody facing prosecution in court or stop the ongoing prosecution of ex-governors, the Attorney General of the Federation and Justice Minister, Chief Mike Aondoakaa (SAN), has said.
Aondoakaa said the law must take its course in respect of the ongoing prosecution of some of the ex-governors.
Addressing journalists yesterday in his office in Abuja, the Justice Minister said: "We've never contemplated withdrawal of any charges preferred against any governor. The policy of the government is not to interfere with judicial process. We've never said that we are going to drop charges against anybody being prosecuted by the government.”
To him, all prosecutions are valid and government has no intention to discontinue any of them.
Aondoakaa’s declaration is thought to be a response to insinuations that the move to send the Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, to the National Institute for Policy and Strategic Studies (NIPSS) in Kuru, Plateau State, is to pave the ground for the discontinuation of the cases against some of the ex-governors particularly the former Delta State governor, Chief James Ibori.
The arraignment of the ex-Delta State governor had brought to six the number of former governors being prosecuted by EFCC for alleged corruption while in office.
Others include Alhaji Saminu Turaki (Jigawa), Chief Orji Kalu (Abia), Rev. Jolly Nyame (Taraba), Alhaji Buka Abba Ibrahim (Yobe) and Senator Chimaroke Nnamani (Enugu).
Yesterday, Aondoakaa also reiterated that government could not be pressurised into probing the former president, Chief Olusegun Obasanjo, unless it had concrete facts to commence action against him or there is a petition to that effect.
He said President Yar ‘Adua believes in facts and not rumour and that whoever has any proof on the former leader should come forward since government is not ready to base its action on rumour or speculation.
The Justice Minister also denied that he said the judgments for which the Federal Government incurred debts were fake.
He described media reports to that effect as fake.
The AGF said in making his statement he only reacted to a question which had sought to know details of the budget proposed by his ministry before the House of Representatives Committee on Judicial Matters.
Aondoakaa said he had requested additional documents to assist his office get presidential approval and possibly make recommendations for the payment of additional balance of N12 million judgment debts.
Aondoakaa had been reported in some newspapers to have told the House Committee on Judicial Matters that the Federal Government paid $6 million to a foreign oil firm for a non-existent court judgment.
The amount was said to be part of the $18 million judgment debt awarded against the Federal Government by a United States court in favour of Marsh Oil.

EFCC: Lucky Igbinedion to be arrainged in court soon

The Economic and Fina-ncial Crimes Commis-sion (EFCC) yesterday filed a 142- count charge against former Edo State governor, Chief Lucky Igbinedion, before a Federal High Court in Kaduna.
This is coming on the heels of a warrant of arrest against the former governor by a Federal High Court in Abuja to answer charges on money laundering and illegal diversion of public funds preferred against him by the EFCC.
The order was issued at the instance of the EFCC, who, THISDAY learnt, will also arraign two former governors in the next one week.
The anti-graft agency had approached the court for a warrant to apprehend Igbinedion, who is presently at large.
By the order dated January 8, 2008 and entitled "Bench Warrant", any police officer who sets his or her eyes on the former governor is mandated to arrest him.
The order is expected to be executed in conjunction with Interpol, following reports that the former governor had been sighted in some European countries and North Africa in the last six months.
The former governor had been at large since May 29, 2007 when he handed over power to the incumbent governor, Prof Oserheimen Osunbor.
Igbinedion is to stand trial alongside Gava Corporation Limited, a company in which he and his father, Chief Gabriel Igbinedion and other members of his family had substantial interest; Ekpen & Sons Company, a company solely owned by his Senior Special Adviser, Patrick Eboigbodin (now at large); and Kiva Corporation Limited.
They are being charged with fraud, conspiracy, concealment and money laundering, an offence punishable under the Money Laundering (Prohibition ) Act 2003.
They were accused of concealing the origin of billions of naira that formed part of the statutory allocation to the state local governments’ funds. They were also accused of collaborating to perpetrate money laundering. The offence was contrary to Section 14(1) of the Money Laundering (Prohibition) Act, 2003.
The charge sheet dated January 2008 was signed by one Isa Bature Gafai, for the EFCC.
In some of the charges, the former governor was also accused of collaborating with his younger brother, Mike Igbinedion, to retain in his account, huge sums of money running in billions of naira. Most of the transactions were said to have taken place at Intercontinental Bank Plc.
Some of the 29 count charges are as follows: "That you Lucky Igbinedion on or about 22nd July, 2003 within the jurisdiction of this Honourable Court did procure Gava Corporation Limited (a company owned by your father Chief Gabriel Igbinedion and other members of your family and in which you had substantial interest) to retain in its account, the sum of N34,800,000.00 (Thirty Four Million, Eight Hundred Thousand Naira) which sum formed part of the funds illegally withdrawn from the account of the Edo State Government and you thereby committed an offence contrary to Section 17 and punishable under Section 16 of Money Laundering (Prohibition ) Act 2003.
"That you Lucky Igbinedion and Kiva Corporation Limited on or about 23rd May , 2007 within the jurisdiction of this Honourable Court did collaborate with each other to conceal the genuine origin of the sum of N18,000,000.00 (Eighteen Million, Naira) which sum formed part of the funds illegally withdrawn from the account of the Edo State Government by lodging same into the account of Kiva Corporation Limited with Intercontinental Bank Plc and which sum you knew represented the proceed of crime and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition ) Act 2004.
“That you Lucky Igbinedion on or about 4th March, 2005 within the jurisdiction of this Honourable Court did procure one Mike Igbinedion (your brother) to retain in his account, the sum of N6,000,000.00 (six million naira) which sum formed part of the funds illegally withdrawn from the account of the Edo State Government and you thereby committed an offence contrary to Section 17 and punishable under Section 16 of Money Laundering (Prohibition ) Act 2004.
“That you Lucky Igbinedion on or about 29th September, 2005 within the jurisdiction of this Honourable Court did procure Ekpen & Sons Company (a company solely owned by Patrick Eboigbodin, your Senior Special Adviser) to retain in its account, the sum of N10,000,000.00 (Ten Million Naira) which sum formed part of the funds illegally withdrawn from the account of the Edo State Government and you thereby committed an offence contrary to Section 17 and punishable under Section 16 of Money Laundering (Prohibition ) Act 2004.”

Nigeria Constitutional amendment: NBA View

The Nigerian Bar Association (NBA) yesterday said it supported the current effort by the National Assembly to review of the 1999 constitution, adding that more than anything else, the country needed amendment of some important aspects of the constitution in order to consolidate democracy.
The association, however, canvassed for "a piece-meal amendment", instead of what it called "a wholesale amendment" in which an existing constitution is totally jettisoned for a new one by successive regimes in the past.
Speaking with newsmen in Lagos, NBA President, Mr. Olisa Agbakoba, SAN who compared Nigeria with some of the world's renowned federations, said while colonial disengagement and military interruptions may be our excuses for having had six constituions ( 1960, 1963, 1979, 1989 (stillborn), 1995 (stillborn) and 1999) in just 47 years as a nation, the 1999 Constitution was a good framework for administration and consolidation of democracy, adding that what is needed was not to jettison it but continue to add to it in pursuit of federal and democratic objectives.
"The oldest federation, the United States, has had the same constitution for over 200 years and has made only 27 amendments to it. India has made 94 amendments to its constitution in 60 years.
However, Brazil has had seven constitutions since independence, Mexico six and Venezuela 26". "While some federations have maintained constitutional continuity, others have had breaks because of revolutions or military regimes. Colonial disengagement and military interruptions may be our excuses for having had 1960, 1963, 1979, 1989 (stillborn), 1995 (stillborn) and 1999 Constitutions"
"The existing Constitution is a good framework for administration and consolidation of democracy. What we need is not to throw it into a wastepaper basket but to continue to add to it in pursuit of our federal and democracy objectives," he said.
Agbakoba, who identified two crucial principles of constitutional amendment to include timing and approach, said, "under timing, we suggest that constitutional amendment in Nigeria should be an ongoing exercise. As soon as an issue identified as germane for constitutional amendment arises, the process of a new Amendment ought to be initiated at the National Assembly through a Bill. We feel that since the 1979 Constitution, it has become unnecessary to time constitutional reviews to a special resource and time unfriendly 'Constitutional Conference' of "Constituent Assembly".
"A constitutional foundation has been laid. We call for a legislative practice of 'Amend-As- You-Go' to constitutional amendment. On Approach, which has great linkage with Timing, NBA believes that piecemeal amendment is preferable to wholesale amendment in which an existing Constitution is totally jettisoned for a new one. The latter has been our practice".
The NBA president, however, proposed five key areas for immediate amendment which according to him are needed to be taken into consideration as part of the agenda for the proposed constitutional review of the 1999 Constitution in the interest of democracy consolidation
Agbakoba, who listed the five key areas to include sovereignty, supremacy, institutions consolidating democracy, institutions administering federalism and electoral reform, added that thought there may be other areas but these areas can be a good start in order to preserve democracy.
He said: "As rigid as it may be, the Constitution is evolutionary and dynamic to a great degree. Constitutional amendment, as the need arises, is part of the typical dynamism of constitutional order to meet the aspirations of a federation. Nigeria is presently at this crucial trajectory. NBA is of the view that the 1999 Constitution, as it is, cannot sustain our present democracy". "While we welcome the commitment of President Umaru Yar'Adua to Electoral Reform, we believe Constitutional Reform takes priority. The 1999 Constitution contains good provisions. It also contains both weak and obnoxious provisions and equally admits several lacunae. Above all the Constitution has legitimacy burden. But the big issue is whether all the aspirations of a people must be reflected in one feel swoop in their Constitution. We think not The standard practice in older and most contemporary democracies is that constitutional perfection is evolutionary."

NIGERIA DEMOCRACY:THE SAME STORIES

International fiction/faction writer Jeffrey Archer paints a horrific picture of corruption in Nigeria and Brazil, especially, in his A Quiver Full of Arrows. However, he seemed to have missed the point that he was doing his western world a disfavour by the way he failed to discern that it was his people who, in the main, corrupted the least-developed countries’ (LDCs) operatives whom his people dealt with. Let us return to how Europe underdeveloped Africa, shortly, a story succinctly told by late Walter Rogers.
Let us instead dwell on how Europe, generally, seems to be misadjusting the thinking of Nigerians as to what is wrong and right about how we conduct our affairs – especially our electioneering. Let us do this in relation to Independent National Electoral Commission (INEC) chair Prof. Maurice Iwu’s latest international altercation with the European Union (EU), assuming that recent media reports are to be believed.
What do we hear? “Iwu is a liar; he is insincere; unreliable; compromised, et cetera.” But,how come? Nigeria’s April 2007 general elections which Iwu’s INEC administered were grossly rigged, marred by irregularities and compromised to benefit the ruling Peoples Democratic Party (PDP). That is the charge, as stated by international and local observers alike and especially orchestrated by the EU according to media reports of recent.
It may be necessary for us Nigerians to take these matters in perspective. We may begin by asking these questions: does INEC “snatch” ballot boxes and bags; get its officials to “disrupt” voting; recruit “thugs” to beat up party agents; “hijack” election returns forms en route collation centres; or scare wary “eligible” voters from polling stations? Wait for it; it is political parties and the Nigerian population who do these and more, to undermine the integrity of elections in our country. Wait again.
Especially, ahead of elections 2007, Nigeria enjoyed unprecedented political enlightenment of the voting suffrage. This was orchestrated by unparalleled hype and mobilisation of the electorate by the national electoral commission, and a clear zeal to pursue the path of honour including introducing the first-time “data image capture” equipment, et cetera.
It bears commenting upon, the myriad of deliberate problems which the Nigerian system created for the electoral process, including late passage of the electoral act by even the National Assembly, late release of funds for approved projects by the government, deliberate failure of contracted agencies to supply INEC with needed materials for the elections, and indeed, a clear preference of political parties for rigging of the elections rather transparency.
Recall also that, just days to the start of polling last April, the Supreme Court of Nigeria determined that INEC had no powers under the law to screen off or exclude candidates presented by bona fide parties for the elections, contrary to popular opinion as popularly held hitherto. This meant that some elections were about to be won or lost on technical grounds, as has been the case in most election petitions tribunals lately.
Meanwhile, it bears no pedagogies to state that elections in Nigeria are a “do-or-die” matter, such that those who do not win ultimately accuse the umpire of malfeasance whereas nobody desired transparency in the first place. Whether it was Abel Guobadia’s commission, Humphrey Nwosu’s, Eme Awa’s or Victor Ovie-Whiskey’s national electoral agencies – as far as the memory could go – the combatants always never know how to be humble in defeat or magnanimous in victory.
Whereas no discerning person would dare claim that these elections are often perfect or even fair, it is not difficult to see that it is political parties and the Nigerian system which set the stage for irregularities. We know that political parties and their candidates ab initio plan not how to convince the electorate in their favour but how to outwit the opponent by whatever means possible – even if diabolical. Nothing is said about fairness, civility or legality!
So, whereas we are complacent to blame the electoral umpire for all the irregularities in the system wholesale, it ought to prick our consciences that no Nigerian politician wishes for “free and fair” elections. Consider for instance that, when in 1999 compromise presidential candidate of All-Nigeria Peoples Party and Afenifere (or Alliance for Democracy) James Olu Falae went to court to challenge the “victory” of PDP’s Olusegun Obasanjo, Falae was merely advised by his people that, Obasanjo was omo wa ni (our own son) hence Falae should jettison any grouses over his loss.
But, without sentiments as we seem to wallow in, where do we look for an evenhanded umpire to aspire to? Try, for instance, the Americans who beat their own chests as the impeccable example of evenhanded democracy. But, while you do that, do close your eyes to the recent debacle where an interested Governor Jeb Bush’s home state seemed obliged to help a wobbling blood brother, George Bush to secure a win for the presidency, despite the illegality. Or a beleaguered premier, Tony Blair manipulating security reports to secure legislative approval for war with Iraq over non-existent weapons of mass destruction.
Perhaps, one did not even need to have bordered about the so-called EU response to Prof. Iwu’s poignant insistence that INEC had singularly succeeded in breaking a Nigerian jinx: it has led the country to transit from one elected government to another – it never happened before in our history. Indeed, what an honest Nigerian would be worrying about should be how to exploit President Umaru Musa Yar’Adua’s promised electoral reform programme for a better electioneering next.
But, to be sure, nobody should allow us to continue to have the wool pulled over our eyes by the Western world with any hypocritical posturing as the EU seems to be doing currently in its altercation with Iwu over righteousness. If we take note of recent shenanigans of EU nation companies like Siemens and Wilbros willfully corrupting Africans, especially Nigerians in other forms of corruption (other than electoral), then it becomes clear to all us that the EU is merely gerrymandering in its posturing of INEC’s feat in leading Nigeria through a minefield replete with self-set obstacles.
As for Prof. Iwu, it is instructive that he is a political product of the Western world and has succeeded so far in literally giving it back to them as they come. No other electoral authority in Nigeria, in history, has ever done better than this INEC even with noticed deficiencies as we see them, except anybody is ready with contrary data. With the April polls behind us, another mileage has been covered in the route leading to the deepening and consolidation of the roots of democracy on the Nigerian socio-political milieu. We will get there definitely

"NIGER DELTA PROBLEMS NEEDS URGENT ATTENTION"Ekweremadu

Deputy Senate President, Senator Ike Ekweremadu, yesterday said the Upper Legislative House will declare the Niger Delta region a disaster area, as part of Federal Government efforts at finding lasting solution to the problems of the zone.
Expressing disappointment that the Federal Government has made several efforts to address problems of the Niger Delta to no avail, Ekweremadu said by declaring the area a disaster zone, government will then pay “undiluted attention to its development.”
In doing this, he said government will be seeking the support of the international or development partners to work with it to develop strategies for the Niger Delta question, adding that whatever government plans would be in addition to plans contained in the Niger Delta Development Master Plan, which would be an improvement to the plan.
“I have looked at the Niger Delta Development Master Plan, and I think we can improve on that. But what is important is the determination and zeal in dealing with this issue once and for all," he said.
Ekweremadu, who spoke in Enugu during a cash award of N25,000 each to 200 students from his constituency, Enugu West Senatorial District, said what the people of the Niger Delta need was infrastructural development that will touch their individual lives.He said it was regrettable that government's efforts have not been felt when compared to the amount of money that has gone to the area for development.“We need to show transparency, because a lot of money has been spent by the Federal Government in terms of the Niger Delta, but I don’t think that has translated meaningfully to the well-being of the people. If you look at the amount of money they received state by state and see what is on the ground, you begin to wonder where the money went to. So we need to bring in people whom we can trust, including development partners," he said.

Significance of Hijra Calendar

The Islamic calendar (Hijra calendar) is a purely lunar calendar. It contains 12 months that are based on the motion of the moon, and because 12 synodic months is only 12 x 29.53=354.36 days, the Islamic calendar is consistently shorter than a tropical year, and therefore it shifts with respect to the Christian calendar. The calendar is based on the Qur'an (Sura IX, 36-37) and its proper observance is a sacred duty for Muslims.

Unfortunately some Muslim astronomers have suggested that lunar date lines should be marked on the world map for the Muslims to begin their fasting and celebrating their Eid. This would be according to the first visibility of the crescent. The so-called curved lunar date lines always keep on changing and they pass through cities, towns and even houses! They do not abide the rules of the date line. So the Lunar date lines are impracticable and meaningless. They are neither scientific nor Islamic.

Hijra Calendar is the same astronomical Lunar Calendar and the month begins and ends on conjunction (Astronomical new moon), means conjunction is last day of the month. Some time it is on 29th day and some times 30th day. The calendar contains 12 months that are based on the Qur'an (Sura IX, 36-37). It is based on the motion of the Moon and its proper observance is a sacred duty for Muslims. Each phase of moon and its angular distance is indicate each Date as shown a natural calendar hung in the sky. Some times we cannot see the moon because of the changes in weather. but it does not make any difference in calendar dates because it is related to the motion of the moon. Not its physical visibility. The astronomical new moon time and date already computed exactly for thousands of years backward and forward.

YAR ADUA APPROVED RIBADU STUDY LEAVE

President Umaru Musa Yar’Adua may have been reluctant to approve the study leave for Mallam Nuhu Ribadu, chairman of Economic and Financial Crimes Commission (EFCC), THISDAY checks have revealed.
The reluctance may have been because the president needed wider consultation but was forced to approve the course in the face of relentless media accusation that the study leave was a ploy to shield former governors from prosecution, official sources said.
Indeed, the president had only just received the request from Mr Mike Okiro, the Inspector General of Police (IGP), to send Ribadu on a senior management course at the National Institute for Policy and Strategic Studies (NIPSS) in Kuru, Plateau State, when news got round that Ribadu had been removed, whereas the approval for the course was only given Friday last week, four days after it broke in the media.
According to officials conversant with the development, when Okiro informed Ribadu of the course, the EFCC chairman reportedly asked Okiro if the President had been informed about the decision.
The IGP was said to have replied in the negative, asking: “Do you think the president needs to know about this? It’s a routine course for senior officers in the force.”
“Ribadu told Okiro that with his position as chairman of EFCC, he was reporting directly to the President and only the President could send him on a course of this nature,” the source said.
The IGP then decided to take the matter directly to Yar’Adua.
On meeting with Yar’Adua on Christmas eve, Okiro was said to have presented the file containing the names of those to be sent on the course.
Presidency sources said the view of the Villa was that approving courses was not the job of the president. However, with the name of Ribadu on the list, the president knew the import and decided to think through it, the source added.
It is believed that if the President wanted to approve the course, he would have done it there and then but chose to be reticent on the matter.
By the next day, the media attention began and speculations were rife as many imputed political motives. Coming during a holiday period when the file was still at the presidency and the issue had not been addressed, the President was said to have wondered what the hot air was all about.
With the widespread criticism, culminating in Prof. Wole Soyinka's statement over the issue, the President came to the conclusion that only one decision could be taken on the matter: to approve the course and protect the Police high command.
The President's opinion was that Ribadu had not been removed since he was only going on a course in February. When Ribadu completes the course, official sources told THISDAY, the next line of action would be taken.
Ribadu, who was promoted to the rank of an Assistant Inspector General of Police (AIG) by former president Olusegun Obasanjo, had not gone on any senior officers’ courses for the rank of a commissioner of police and that of an AIG.
This development, the source said, did not conform to the rules and procedures for promotion and appointments.
Sources at the Police headquarters confirmed that of the serving 17 AIGs in the police today, only Muazu Hadejia and Ribadu are yet to attend a senior officers’ course.
The others are either fellows of the National Defence College (FWC) or alumni of the NIPSS.
More than 17 Commissioners of Police (CPs) and Deputy Commissioners of Police (DCPs) have gone to NIPSS and the National Defence College while five serving Deputy Commissioners and one CP are currently attending the National Defence College course in Abuja.
Meanwhile, in a statement issued by the EFCC yesterday, the commission has dismissed claims that there is a conflict between the president and its chairman over the NIPSS course.
The statement, signed by Mr. Osita Nwajah, Head, Media & Publicity, read: “In the past few days, the EFCC as well as its Executive Chairman, Nuhu Ribadu, have been the subject of intense media debate generated by the decision to send the EFCC Chairman on a course at the National Institute of Policy and Strategic Studies (NIPSS), Kuru, Plateau State.
“The Commission has however refused to be drawn into the public debate.
“EFCC now wishes to clarify that it is the position of the Commission that government can send any public officer on training to enhance his or her performance and continued service to the nation. And, as a loyal citizen and public servant, the opinion of Ribadu is not any different from the expressed position of the Commission.
“It is however worrying that the NIPSS debate has opened a window of blackmail and calumny for many of those who disagree with the Commission. This group has routinely planted stories in the media, which they make-believe as being sponsored by the Executive Chairman, in an attempt at discrediting the authorities, especially Mr. President. The stories which have explored all sorts of high wire politics scenarios and power tussle permutations are calculated at presenting the Executive Chairman as being in conflict with Mr. President and the leadership of the Nigeria Police. Nothing can be farther from the truth.
“Further, the Commission wishes to deal with the insinuation being peddled in certain quarters that the President is interfering in the work of the Commission.
The Commission hereby puts on record that President Umaru Musa Yar’Adua has never interfered in the work of EFCC and has supported the Commission’s resolve to bring to book, all who have committed any of the crimes identified in the EFCC Establishment Act (2004) and all other laws that the Commission is mandated to enforce.
“The Executive Chairman, EFCC, wishes to seize this opportunity to assure Mr. President, the leadership of the Nigeria Police and indeed, all patriotic Nigerians, of his absolute loyalty and dedication to the service of our fatherland.
“It bears restating here that as a loyal public servant, Nuhu Ribadu has no problem with the decision of Mr. President on the recommendation of the Inspector General of Police, to send him on a self-improvement course of study at the NIPSS, Kuru. Any story that suggests otherwise is only meant to cast him in the bad light of an unnecessary antagonism against government and the Police high command and should be discounted.
“The Commission wishes to thank the general public for the tremendous support it has received in the discharge of its duties.”