Reprinted from ThisDAY
Anti-graft Panel Probes Nine PDP Governors
Writes CJN to appoint Independent counsel on Alamieyeseigha
ICPC accused of falsehood
By Yusuph Olaniyonu in Lagos and Chuks Akunna in Abuja
Posted to the web January 20, 2003
The Independent Corrupt Practices and Other Related Offences Comm-ission
(ICPC) is presently investigating nine of the 21 governors elected on the
platform of the Peoples Democratic Party (PDP).
A status report of the petitions against PDP governors compiled by the
commission and forwarded to the party's national chairman, Chief Audu Ogbeh,
also indicated that the government of Cross Rivers State is under
investigation.
According to the two-page status report, the governors under probe are Chief
D.S.P. Alamieyeseigha (Bayelsa), Alhaji Abdulkadir Kure (Niger), Dr Chinwoke
Mbadinuju (Anambra), Alhaji Rabiu Musa Kwakwanso (Kano) and Mr Lucky
Igbinedion (Edo).
Other governors against whom complaints have been lodged with the ICPC led
by Justice Yahaya Akanbi are Alhaji Abdullahi Adamu (Nasarawa), Dr Chimaroke
Nnamani (Enugu), Alhaji Ahmed Makarfi (Kaduna) and Alhaji Ahmed Muazu
(Bauchi).
The ICPC report also indicated that two different petitions are being acted
upon against Edo and Anambra State governors.
According to the ICPC report, investigation on the petition against Bayelsa
governor has been completed and the report submitted. Justice Akanbi in a
letter to Ogbeh, dated January 9, 2003 said there was sufficient cause to
refer Alamieyeseigha's case to the Chief Justice of Nigeria, Hon. Justice
Muhammadu Uwais, so he could appoint an independent counsel to complement
the ICPC efforts.
"Consequently, an application with a supporting affidavit has been made to
the Chief Justice of Nigeria for necessary action," Akanbi noted.
The ICPC chairman further wrote, "May I also say that our attention has also
been drawn by the Chief Justice to an earlier application and an affidavit
alleging corruption against the governor (Alamieyeseigha) by one W.N.
Digifa. A copy of the application was served on the governor himself."
The ICPC's request to the Chief Justice for an independent counsel is in
compliance with provisions of Section 52 of the Corrupt Practices and Other
Related Offences Act 2000.
The section reads: "When an allegation of corruption or anything purporting
to contravene any provision of this Act is made against the President or the
Vice President of Nigeria or against any State Governor or Deputy Governor,
the Chief Justice of the Federation shall, if satisfied that sufficient
cause has been shown upon an application on notice supported by an affidavit
setting out the facts on which the allegation is based, authorise an
independent counsel (who shall be a legal practitioner of not less than 15
years standing) to investigate the allegation and make the report of its
findings to the National Assembly in the case of the President or the Vice
President and to the relevant State House of Assembly in the case of the
State Governor or Deputy Governor."
Part two of the same section of the Act, reads: "The Commission shall be
enjoined to fully co-operate with such an independent counsel and provide
all facilities for such independent counsel to carry out his functions."
In a motion on notice dated January 8, 2003, and signed on behalf of the
ICPC, by one Mr. Ali Aku, Alamieyeseigha was informed of the application to
the CJN for an independent counsel, reminding him that "the application is
supported by an affidavit setting out the facts on which the application is
based."
The petition on which the ICPC investigated the Bayelsa Governor was lodged
by one Chief Festus Gbassa on July 23, 2001.
In the affidavit submitted by the ICPC to support its request that the Chief
Justice appoint an independent counsel to prosecute Alamieyeseigha, the
commission said it "found as a fact that the respondent (the governor)
approved contracts and payments of Niger-Delta University (NDU) to the tune
of N1.7 billion naira to about 8 fictitious companies."
The 10-paragraph affidavit sworn to by one O.O. Kehinde of the Special
Duties Department of the commission stated that "no financial regulations
were followed on the award of contracts and mode of payment for such
contracts at the Niger Delta University (NDU)."
"That upon companies search at the CAC, the following companies who got the
NDU contracts were found to be non-existent as at the time of award of
contract -- ADM Investments Limited, Multi-Web Nigeria Limited, Graceland
International Limited, Brits Investments Limited, Vinny Investments Limited,
Jowiz Nigeria Limited, Marsh Nigeria Limited, and Niger Delta Wetland
Centre.
"That the Bayelsa State Tenders Board issued contracts to fake companies to
the tune of N667,258,865 million ... that efforts to investigate the landed
properties of the respondent (the governor) in Bayelsa was frustrated by the
Bayelsa State Commissioner for Lands and Housing and further investigation
is required on this," the ICPC affidavit stated.
The commission further expressed the desire to obtain more relevant
information about the award of the contracts in question from Fortune
International Bank, Barrister Francis Ighodo, Commissioner for Lands and
Housing.
Another 55-paragraph affidavit deposed to by one Mr Werinipe Noel Diyifa
giving details of alleged corrupt practices against Alamieyeseigha had been
submitted to the Chief Justice of Nigeria by Mr Ledum Mittee, the deponent's
counsel.
Mittee in the accompanying letter to the affidavit urged the CJN to "kindly
cause an independent counsel to be appointed to investigate these
allegations."
However, in a swift response, counsel to Niger Delta Wetland Centre, T. J.
Onomigbo Okpoko and Chief Wole Olanipekun for ADM Investments Ltd, Multiweb
Nigeria Ltd, Brits Investments Ltd and Jowiz Nig Ltd said it was "most
unfortunate" that the ICPC could "engage in such deliberate falsehood."
In separate letters to the Chief Justice of Nigeria, the counsels dismissed
Kehinde's affidavit on which the commission based its action as "a mission
of witchhunting".
In his own submission, Okpoko said, "Niger Delta Wetland Centre is a
non-governmental organisation duly incorporated under part C of the
company's and Allied Matter Act. It's incorporation No is 8851. This fact
can be verified at the Corporate Affairs Commission by anyone who wants the
truth and deserves to act on the basis of hard facts and not on falsehood.
It is therefore outrageous for any one to depose falsely that the NGO is a
non-existing body."
He added that neither did the NGO seek nor was awarded any Niger Delta
University Contract, stressing, "it is not unfortunate that a commission
which seeks to cleanse society of corruption can itself found its
application on falsehood."
Okpoko also averred that "the commission having deliberately deposed to
falsehood in respect of Niger Delta Wetland Centre's alleged involvement in
NDU contracts, there is no basis whatever for believing the other allegation
of the commission."
He therefore urged the chief justice to disregard and reject the
commission's application which he said was "founded on deceit and in
falsehood."
In the same vein, Olanipekun contended that the allegations of ICPC against
his clients were "false, malicious and unfounded in every material
particular".
He said by alleging that his clients got NDU contracts, both ICPC and
Kehinde "have been most unfair to his clients since the allegations made
against them, even on oath, are without any foundation."
Olanipekun said his clients were entitled to fair hearing before the Chief
Justice on this matter before any step is taken on the request of the ICPC
that an independent counsel be appointed.
"Arising from the foregoing, my clients request that ICPC should come before
your Lordship and submit facts, figures and documents relating to the
allegations contained in their complaints," he said, adding that his clients
were ready to meet with any official of the ICPC over the allegations at the
instance of the chief justice.
Unlike that of Alamieyeseigha, the petition against the Niger State
Governor, Kure, has not been referred to the Chief Justice. The status
report on the case showed that a final legal opinion submitted by the
commission's investigators recommended that Section 52 of the
Anti-Corruption Act should be invoked.
By this recommendation, the commission already has sufficient ground to
request the Chief Justice to appoint an independent counsel to investigate
Kure. However, the ICPC has prior to taking this action forwarded the file
to its legal department for re-examination.
The petitioner against Kure is one Abdulhammed Rabiu.
For Governor Mbadinuju who is the only PDP governor yet to scale
renomination hurdles, the two petitioners against him are Nnamdi Nnoruka who
submitted a written allegation on August 16, 2001 and Chief J.A. Okonkwo
whose petition was submitted to the ICPC on September 25, 2002.
In the petition submitted by Nnoruka, the ICPC stated that it has concluded
investigations and forwarded a report to its legal department for final
opinion. The Okonkwo petition against Mbadinuju, however, has been assigned
and legal opinion submitted.
The petition against Governor Kwakwanso of Kano State was submitted by
Alhaji Abdulkarim Daiyabu and according to the ICPC report, "investigation
report (has been) submitted and legal opinion recommended that the
petitioner should furnish the commission with more facts and he has not
reported to the commission even though (a) letter was written to him."
Governor Igbinedion also has two different petitions filed against him. One
of them submitted by the duo of Paul Osaze and F.O. Okonnoboh may, however,
have reached a dead end as the commission noted that while the investigation
has been concluded, (the) "petitioner has been briefed that the commission
lacks jurisdiction because the act complained of was committed prior to the
(enactment of the Anti-Corruption) Act."
In the second petition against Igbinedion filed by one Dr Efe Igbinosa on
December 13, 2002, the status report stated that it has been referred to the
legal and investigation department for action.
The petition against Governor Adamu of Nasarawa State filed by Alhaji S.
Alahkay has been forwarded to the legal department of the ICPC for final
legal opinion.
In the case of the Enugu State Governor, Nnamani who is being taken to task
by Hon. K.I.K. Ogbozor and some other people through a petition submitted on
October 31, 2002, the ICPC said its investigators have just commenced action
on the petition after receiving a legal opinion from experts and formulating
strategies for conducting its inquiries.
The petitions against Kaduna and Bauchi State Governors respectively have
just been assigned to the investigation and legal department of the ICPC for
action.
Makarfi is being accused of corruption by Alhaji Adamu Ahmed Dattijo who
submitted a petition to the commission on November 4, 2002 while Muazu's
accuser is Alhaji Yakubu Mohammed, who submitted his petition against the
Bauchi State Governor on December 11, 2002.
However, in the case of Cross River, the petitioner, one Chief Eboney Okpa
and another unnamed person alleged corrupt practices against the state
government and not Governor Donald Duke. The petition submitted on December
17, 2002 has been assigned to the legal and investigation department of the
commission.
It will be recalled that the ICPC status report on the pending petitions
before it against PDP governors was a response to a letter Ogbeh wrote on
January 2, 2003 requesting for details of the commission's investigations of
allegations of corruption levelleged against Alamieyeseigha.
Ogbeh, in the two page letter, had noted that the PDP secretariat received a
copy of a petition against Alamieyeseigha from Gani Fawehinmi Chambers
acting on behalf of Gbassa and said the party was aware that the ICPC has
undertaken investigation of the allegations of corrupt enrichment against
the governor.
"The Peoples Democratic Party, PDP, finds (the petition) disturbing, grave
and embarrassing, particularly at this time when there is a strong
commitment to stamp out corruption in our polity," Ogbeh stated, adding that
the party was ready to demonstrate its commitment to the anti-corruption war
waged by the government during the screening of aspirants to elective
offices on its platform.
"Consequently, we write to please request that your commission kindly favour
the party with the full details and outcome of the investigation on Governor
Alamieyeseigha as well as details of investigations on other governors which
you may have undertaken, or concluded.
This is pertinent, because the party needs to be properly advised on
decisions and steps which we need to take concerning these rather
embarrassing, grave and damaging allegations. The future of our democracy
and, indeed Nigeria lies in laying a proper foundation on probity,
transparency, justice and decency, and this cannot be over-emphasised,"
Ogbeh wrote.
The PDP chairman, however, noted that he would appreciate it if the
information on the petitions against the Bayelsa Governor and other PDP
governors can reach the party before Wednesday January 7, 2003 "which is the
closing date of the screening exercise."
THISDAY had exclusively reported, last week, that the PDP leadership was
making moves to review the candidature of some of its 21 governors. Ogbeh
had reportedly told a meeting of gubernatorial aspirants from Anambra State,
that the party leadership did not sign any "gentleman's agreement" to return
the 21 governors, as claimed by Mbadinuju, and that the fate of at least
four of the 21 governors, including those of Bayelsa and Nasarawa, was still
uncertain.
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