The announcement by the House of
Representatives’ Public Accounts Committee (PAC) Monday that it could
not proceed with the probe into alleged N10 billion expended by the
Nigerian National Petroleum Corporation (NNPC) on the lease of
private aircraft for the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, owing to a court
injunction, has been dismissed as an outright lie by the Federal High Court in Abuja.
Taking the lawmakers to task, the court
yesterday in Abuja summoned the House of Representatives to come and
show it the purported order which stopped it from going ahead with the
probe.
THISDAY had correctly reported yesterday that
the court had rejected the request by the minister and NNPC seeking an
interim injunction stopping the House from its investigation.
In the alternative, the plaintiffs had asked
the court for an order of status quo, directing the parties to maintain
the current position as at the date of filing the suit.
Instead of granting their request, the court
had on April 14 directed the House of Representatives to appear before
it to show cause why the interim orders being sought should not be
granted.
However, at the resumed sitting on the suit
yesterday, a visibly exasperated Justice Ahmed Ramat Mohammed said he
was embarrassed when he woke up on Monday night and saw a barrage of
headlines claiming that he granted an order restraining the House’s
committee from going ahead with the probe.
“I’m interested in where they got the order from since it did not emanate from this court,” the judge said.
Justice Mohammed then demanded an explanation from the lawyer to the
Minister of Petroleum Resources and the NNPC, Mr. Etigwe Uwah (SAN),
especially on the source of the information that resulted in the
misinformation in the media.
Responding, Uwah dissociated himself from the
reports and told the judge that the House of Representatives was the
source of the reports.
He produced a statement allegedly issued by
the Chairman of the House Committee, Media and Publicity, Hon. Zakari
Mohammed, purportedly showing that the court had restrained the House
from going ahead with the probe.
Etigwe said he was equally shocked, as he was bombarded with calls and text messagesasking him for clarification on the purported court order.
He said in his bid to ensure that the public
was not misled, he was forced to issue a statement which he sent to
THISDAY and The Guardian newspapers on Monday night.
“My Lord, you can see that THISDAY reported correctly,” he told the judge while brandishing a copy of the newspaper.
Uwah also defended his clients – the petroleum minister and the NNPC –
saying they did not sponsor the misinformation, adding that the House
should take the blame.
Uwah, who said he was also embarrassed just
like the judge, added that he was at a loss as to why the House of
Representatives’, which has legal adviser and a retinue of lawyers, had
chosen to misinterpret a simple court order.
Curiously, the House, which is the second defendant in the suit was neither in court nor represented by a counsel.
Only the National Assembly who was listed as the first defendant was represented by its counsel, Mr. Yakubu Maikyau (SAN).
Maikyau commended the judge for his steadfastness and said he had just
been briefed by the National Assembly. He also defended Uwah, whom he
said had been forthright in the handling of the case.
The judge consequently summoned the House to
appear before it on May 5, with the purported court order issued by him
restraining the House from carrying out the probe.
The judge said: “I had thought that Uwah was
behind this. But now that it has been shown that he was not behind this,
I will summon the House to produce the purported court order.”
The judge had earlier cautioned journalists to get their facts right before going to press.
He said he had instructed his registrars to allow any journalist who
wanted clarification to see his manuscript so that the court would not
be misrepresented.
He stressed: “As the presiding judge of this
court, no such order was made. Since the confusion emanated from the
House of Representatives and incidentally the House, though a party to
the suit, is not represented in court today.
“I will adjourn the matter to enable the House of Representatives come and clear the air on whether it was served with a restraining order. The House should come and tell the court where it got the restraining order from.”
He consequently adjourned the matter to May 5 and ordered that hearing notices be served on the House.
The House committee was supposed to have commenced investigations into
allegations that N10 billion had been expended by the state-run oil
corporation to charter executive jets for the personal use of Alison-Madueke and her family on Monday.
One of the jets is a Challenger 850, while
the other is a Global Express XRS, which was said to have cost NNPC
€600,000 on a return charter trip to London.
However, instead of proceeding with the planned probe, PAC had announced
that day that the House had been served court papers stopping the
probe.
The chairman of the committee, Hon. Adeola
Solomon Olamilekan (APC, Lagos), told reporters that as they prepared to
commence with the public hearing on the matter, the committee was told
that an order restraining it had been submitted to the speaker’s office.
“As we speak, there is a court order, which
has been served to the Office of the Speaker, even though the committee
has not obtained the copy of that order,” Olamilekan had said,
stressing, “We expected that she should be here today. But we have been
served with a court order, notifying us that they have gone to court.”
He explained that the “nature of the court
order is simple. They are just restraining us from carrying out our own
investigation. I don’t know what they are afraid of that they have gone
to court. We shall wait and see.”
Also speaking at the briefing, the House
Chairman, Media and Public Affairs, Hon. Zakari Mohammed (APC, Kwara),
had said that the minister’s action was a sign that the executive arm of
government was bent on arm-twisting the legislature and stopping it in
its anti-graft crusade.
“The import of this is that as legislators,
we are supposed to fight corruption, but of course, this is another
demonstration of the frustrations we face from government. This is a
clear case of a matter which is under investigation, or supposedly will
go into investigation, but is being frustrated,” Zakari had said.
“However, as a law abiding arm of government,
we would tarry a while and take legal advice on this issue. May be that
was why she did not show face today (Monday),” he added.
Adding that the House was studying the papers
and taking a position, Mohammed said: “Rather than leave the issue to
speculation, we said let us inform you about the development, so that
the Nigerian people would not be misinformed about the House.
“Our responsibility is to expose corruption.
The House of Representatives, in its wisdom, took the decision to
investigate this matter. They chose to wait until the day we said we
would start this investigation for them to serve us this order.
“So it tells a lot about what they intend to
achieve with this issue. We don’t need to go into details. But of course
we have come out formally and told you about the stand of the House.”
The lawmaker further clarified that the committee would study the court
papers and consult widely before taking the next line of action.
“There are court papers served by the court
stopping us from further probing the issue of the chartered jets. We had
a resolution on the floor of the House and it was referred to the
Public Accounts Committee. At no point in time has the leadership of the
House expressed fears that they were under any pressure.
“This is not the first time we are going into
this kind of process. It is usual that when you are dealing with the
high and mighty, people will presume that you will hit a brickwall, but
we are very, very consistent.
“The only way you can stop us is through a process like the court case, which we consider as a temporary setback. We will seek legal opinion and the House will be advised appropriately.
“This setback is painful though, but we have
to obey the laws of the land. There is nobody that is under pressure.
All that was written was based on speculation. As for the court order,
we do not know what will happen. We are watching,” Mohammed had said.
Meanwhile, in reaction to speculations that
the House might have succumbed to pressure and had used the fictitious
court order as the perfect excuse to stop the probe, the Speaker of the
House of Representatives, Hon. Aminu Tambuwal, has restated the
commitment of the lower chamber to hold the public hearing once the
House gets the appropriate legal advice on the suit instituted against
it.
Tambuwal, who made this known yesterday
during plenary while ruling on a point of order on the propriety of the
court action, said: “We have not closed that investigation. When we get
legal advice, we will know the next line of action.
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