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Fani-Kayode, Metuh, Diezani… eight public servants who suddenly became sick during corruption trial

 

Femi Fani-Kayode, former Minister of Aviation, failed to appear in court on Wednesday for his ongoing corruption trial because, according to Norrison Quakers (SAN), his counsel, he had been diagnosed and hospitalised with a heart-related ailment.

Norrison pleaded with Justice Rilwan Aikawa to adjourn the hearing to enable him furnish the court with medical records proving Fani-Kayode’s illness.

It is no longer strange for high-profile public officials to take ill as soon as they are charged with corruption, and the ‘trial sickness’ syndrome became more pronounced with the anti-corruption campaign of President Muhammadu Buhari, even though many say it has been largely one-sided.

Given that Fani-Kayode, who is very popular on the social media, posted a tweet just four days ago, it suffices to say that he either tweeted from a hospital bed or he was admitted after that day.

Here are seven more high-profile public officers who became ill and needed to travel abroad for treatment after they were charged with corruption.

Deizani and Momodu

DIEZANI ALISON-MADUEKE

 

Majority of the ongoing corruption trials have a link to Diezani Alison-Madueke, former Minister of Petroleum Resources, who allegedly oversaw the distribution of billions of naira as bribes for the 2015 general election.

Alison-Madueke has been joined as co-defendant in several ongoing trials across the country, with many of her assets home and abroad frozen. However, she won’t come home to face her trial, as she is said to be in the United Kingdom purportedly receiving treatment for cancer. That was what Nigerians were told.

In 2015, Dele Momodu, ace journalist and publisher of Ovation Magazine, shared pictures he claimed to have taken with an emaciated Alison-Madueke in London, as proof  of her illness.

But just last weekend, another picture surfaced on the social media, purportedly showing Alison-Madueke at an African Market in London. This recent development has cast a doubt on the authenticity of her cancer claim.

Meanwhile, The BOSS newspaper, which Momodu launched with the DIezani cancer story, has not published a single print edition since then.

Anyway, speedy recovery madam!

OLISA METUH

The former Publicity Secretary of the Peoples Democratic Party (PDP) is on trial for allegedly receiving N400 million from the office of the National Security Adviser (NSA) headed at the time by Sambo Dasuki, a retired Army Colonel, who is also being held by the Department of State Services (DSS) for embezzling funds meant for arms purchase.

In May 2016 Justice Okon Abang of the Federal High Court, refused to grant Metuh leave to travel abroad for medical treatment, and only five days ago, on January 26, Abang threatened to revoke Metuh’s bail if he continues to dodge trial on the excuse of ill health.

“This court shall henceforth not accept any other medical report issued by any Medical Doctor in Nigeria until the trial is concluded,” Abang ruled.

“It is expected that the defendant will turn to a new leaf, show compulsion and attend his trial on February 5 and 6. If he fails to appear in court on these dates fixed for continuation of his trial, his bail shall be revoked and he will be remanded in prison custody.”

We wish Metuh a speedy recovery over the next four days!

NENADI USMAN

The former Minister of Finance is standing trial alongside Fani-Kayode for allegedly embezzling N4.6 billion, to which they both pleaded not guilty

Months into their trial, Usman applied for leave to travel to the United States of America to receive treatment for cancer.

The permission was granted by Justice Rilwan Aikawa on December 5, 2017, who ordered the court’s registrar to release Usman’s passport to her. She was to have travelled on December 18.

ANDREW YAKUBU

Many Nigerians were left shell-shocked when the EFCC said it had recovered $9,8 million and £74,000 cash from a house in Kaduna owned by Andrew Yakubu, former Group Managing Director of Nigerian National Petroleum Corporation (NNPC). The EFCC quoted Yakubu as saying the money, about N3 billion, was “gift from unnamed persons”.

Yakubu even filed a counter-charge, asking the Kano State High Court to overturn an interim forfeiture order it had placed on the recovered money.

The EFCC eventually arraigned Yakubu before Justice Ahmed Mohammed of the Federal High Court Abuja on a six-count charge of money laundering and false assets declaration; he pleaded not guilty.

But in May 2017, barely two months after his trial began, Yakubu suddenly developed an illness that he needed to travel to the United Kingdom to get treatment for.

He applied and was granted permission to travel, even though the trial judge ordered that he must return after three weeks to face his trial.

UMAR DIKKO

Dikko was Chief of Air Staff between September 2010 and October 2012, a period within which the EFCC alleges that he dipped his hands into the Air Force treasury. He was accused of buying six choice properties in Abuja, Kaduna and Kano with his illegally-acquired wealth.

He too, during his trial, developed sickness, for which Justice Nnamdi Dimgba granted him permission to travel abroad for medical checkup.

STEPHEN ORONSAYE

The former Head of Service of the Federation is a hero-turned-villain type of character in the anti-corruption campaign in Nigeria.

It was Oronsaye who, in his quest to unravel the mystery of pension fraud, brought in Abdulrasheed Maina from the Ministry of Interior to head the newly-formed Pension Reforms Task Team (PRTT) in 2010. The team went on to achieve tremendous success, cracking pension fraud syndicates and recovering trillions in cash and property.

But it was later discovered that while they recovered huge sums of money, they also helped themselves to the recovered loot, hence the EFCC slammed both Oronsaye and Maina with multiple charges of fraud.

Maina refused to face trial and fled the country after he was declared wanted, but Oronsaye pleaded not guilty to the charges.

In November, 2017 Oronsaye applied for permission to travel to India for medical treatment, and Justice Gabriel Kolawole approved the application on December 13. But he ordered that the accused person must be back in Nigeria on or before January 31, 2018 to continue his trial.

KINGSLEY KUKU

Kuku served as Special Presidential Adviser on Niger Delta Affairs to then President Goodluck Jonathan, and it was in this capacity that he allegedly stole billions of state funds earmarked for the presidential amnesty programme.

He fled the country to the United States of America after he was invited  by the EFCC for questioning, but his lawyer maintains that he was not fleeing from prosecution, but had only travelled to the US for a knee surgery.

To prove this, Kuku released pictures of himself being carried on a stretcher into a waiting ambulance, and another one showing him posing with crutches and his right leg cast in Plaster of Paris (POP).

 

Meanwhile, Henry Ugbolue and Lawrence Pepple, two of Kuku’s right hand men when he was in office, have been arrested and arraigned by the EFCC on charges false assets declaration and fraudulent acquisition of property.

Bad news for journalists… International Reporting Project folds up after 20 years

 

After two decades of supporting journalists to cover crucial under-reported issues across the world, the International Reporting Project (IRP) has wound up its operations.

John Schidlovsky, Director of IRP, announced the close out in a statement on Wednesday, saying funding for the organisation had fallen.

“Although funding has now fallen short of what we need to run the programme as we would like, for two decades our donors made possible thousands of stories that reached millions of people around the world,” Schidlovsky said.

He expressed happiness that the organisation never accepted funding from government and corporate bodies.

Founded in 1998, the IRP supported 651 journalists through fellowships for international reporting trips.

“After 20 years of supporting journalists to report in more than 115 countries, the International Reporting Project (IRP) is ending its programs effective in February,” Schidlovsky said.

“It’s been an amazing 20 years. When we began IRP in 1998, the idea of sending journalism fellows to do actual international reporting was quite new. So was the concept of using foundation support to pay the costs of in-depth journalism. Today, such support is a vital cog of the future of journalism.”

He thanked the 651 fellows whom the organisation had supported for producing outstanding stories across various media platforms.

He also thanked the donors for sustaining IRP over the years.

Although IRP has officially closed, its website is still active and the stories produced through the fellowships can be read here.

Owoseni, ex-Lagos CP, announces arrest of 24 ‘killer herdsmen’ in Benue

 

The Benue State Police Command says 24 persons have been arrested and 19 of them are already in court following the New Year’s Day massacre by suspected herdsmen.

Fatai Owoseni, Commissioner of Police in the state, made this known during a phone interview on Channels Television’s Sunrise Daily on Thursday.

Owoseni said that there was relative peace in almost all the parts of the state as a result of the collaborative efforts of the various security agencies.

“A total number of 24 suspects have been arrested in connection with some of these cases, which border on culpable homicide, grievous hurt, and mischief by fire; the total number is 24. The number that have been arraigned in court are 19 while five of the cases are still being investigated,” Owoseni said.

“At the moment, we are witnessing relative calm and all efforts have been put in place, structures have been put in place, to enforcing the curfew. And secondly, partnering and interacting with the different segments of the society to let everybody know that criminality is criminality, crimes are crimes, criminals are criminals, and they cannot be ‘colourated’ in any manner, either religiously, politically and ethnically.

“We all have a duty to face criminal elements and not to ‘colourate’ whatever they do and whoever they are.

“We are working assiduously to put all the bits and pieces of information and evidences we are gathering from our interrogation together, with a view to really ascertaining what could have led to that incident and the motive behind the incident, and as well promptly round up these criminals who committed the dastardly act, and ensure that they are brought to justice.”

Owoseni, who was former commissioner of Police in Lagos State, was posted to Benue State Police Command after the New Year’s Day attacks, to help calm things down.

He worked briefly with the head of the Force Criminal Intelligence and Investigation Department at the Police headquarters, Abuja.

The national assembly as roadblock to anti-corruption

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By Tajudeen Suleiman

I have never been a fan of legislative hearing in Nigeria. And this is not because such hearings are useless. Far from it; legislative hearings are actually good in exposing corruption and official wrong-doings, and could help a patriotic legislature draft bills to enhance good governance.

One recalls the hearing organized last year by a senate adhoc committee to investigate use of funds for the rebuilding of the North East. The committee, chaired by Shehu Sani, unearthed how a company owned by the former Secretary to the Federal Government, Babachir Lawal, was awarded contracts by a federal government committee of which he was a key member. The public hearing eventually forced the presidency to suspend, and later sack, him.

I also recall a public hearing organized by a committee in the sixth senate to probe the privatization of public assets by the administration of former President Olusegun Obasanjo. The committee led by Ahmed Lawan (now majority leader) took over the front papers of the national dailies for weeks. The committee exposed how government officials willfully mismanaged the privatization process for personal benefits.

One can make reference to one or two more instances since 1999 when a national assembly committee conducted investigative hearings that exposed official corruption.

But the public hearing being conducted by the House of Representatives on the suspension of Mounir Gwarzo as Director General of the Security and Exchange Commission (SEC) by the Minister of Finance, Kemi Adeosun, is far from the class of committee hearings that can be described as patriotic or even in the line of legislative duty. I watched in shock as members of the Capital Market and Institutions Committee of the House grilled the minister and senior staff of SEC on live television on the legality of the suspension of Gwarzo last Tuesday.

The hearing followed the suspension of Gwarzo as DG of SEC and his claim that he was victimized by Adeosun because he took disciplinary actions on some companies linked to her.

The hearing that was on live television on Tuesday was to say the least, appalling. For an administration that came to power on the promise to fight corruption, it is unfathomable that a legislature it controls is questioning a minister for suspending a government appointee after documentary evidence appeared to link him with abuse of office.


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Anyone who watched the hearing and listened to the legislators ‘interrogate’ the minister and the Director of Legal Services of SEC on the legality of Gwarzo’s sack must come to the conclusion that the legislators had a premeditated agenda. It was clear from the tone and contents of the questions asked that the committee had sided with Gwarzo, and that the intention of the hearing was to intimidate the minister into reversing the suspension and preventing Gwarzo’s sack.

First, if Gwarzo thinks his suspension was illegal- and he is not a lawyer- he should have gone to court. More shocking is the fact that the members of the committee did not appear to have done any research or sought expert advice before conducting the hearing. They did not ask questions based on any position of knowledge. They looked and sounded as ignorant as any layman on the issues they were probing. And that was why when the Director of Legal Services of SEC, Christopher Gabriel, justified the minister’s actions, the members didn’t have any coherent response.

Adeosun’s explanations for her action ought to have embarrassed the legislators because from all she said, the suspension was the most reasonable option to take. Adeosun stated that Gwarzo remained a director of a company and was still signing cheques on behalf of the company as DG of SEC against public service rules! Not only that, Gwarzo also allegedly gave contracts to his wife’s company!

Even though Gwarzo claimed that he had resigned as director of the company, Adeosun said documents from Corporate Affairs Commission (CAC) and banks put a lie to his claim.

It is shameful that instead of Gwarzo, it was Adeosun and other SEC top officials that were put on the spot by the legislators; they were the ones being pressured to justify their action. Members of the committee led by its chairman, Tajudeen Yusuf, behaved as if they were commissioned to protect Gwarzo.

How can the House of Representatives, which claims to be supporting the Muhammadu Buhari administration in its fight against corruption, waste public funds by allowing this kind of hearing in a sector that is hyper-sensitive to corruption? Do legislators ever know where to draw the line? Do they have any understanding of governance issues?

This was the suggestion of Adeosun when she said in her introductory remarks that it was unfortunate that the matter was brought for public legislative hearing. If the legislators meant well for the capital market and the country, and they genuinely wanted a positive intervention, they could have done this quietly without the drama of a public hearing.

The attempt by the legislators to link Gwarzo’s suspension to his action against a company Adeosun owns some shares is pathetic and cheap. It portrays some of our legislators as intellectually shallow and unpatriotic. The reasons for Gwarzo’s suspension were stated in the letter he got. Neither Gwarzo nor the legislators brought out any information that disputes the reasons for his suspension.

So what is more important for the legislators is the suspension of Gwarzo and not the integrity of the capital market regulator? Is there a law or an act of parliament that forbids a serving minister from owning shares in a company? What is the purpose of asking the minister during the hearing to name the companies where she had friends or own shares if not to find other reasons for Gwarzo’s suspension that could nail the minister?

The chairman of the committee also had a prick of conscience when he said at the close of hearing that they were not on witch-hunt. But this was exactly the impression members of the committee gave of their mission. More than this, they also gave the impression that the national assembly had become a roadblock for anti-corruption.

BAD NEWS: 875,500 victims of human trafficking are Nigerians

 

Of the estimated 27 million victims of human trafficking around the world, about 875,500 are in Nigeria.

This was revealed on Tuesday at a one-day interactive discussion to commemorate the 2018 US National Human Trafficking Awareness Month organised by Devatop Centre for Africa Development in partnership with the US Embassy.

The event, themed ‘Fostering action against human trafficking and irregular migration’, was targeted at civil society organisations, youth, educators, religious leaders, law enforcement agencies and interested individuals.

Joseph Osuigwe, Executive Director of the group, stressed how thousands of Nigerian youth die as a result of irregular migration and smuggling while crossing the Mediterranean sea, desert or dangerous roads in search of greener pasture.

He noted that over 27 million women, girls, men, and boys are currently victims of human trafficking across the globe.

“They are bought and forced into prostitution, labour exploitation and child pornography,” Osuigwe said.

“For years, human trafficking has continued to thrive in the shadow and silence of others. Eighty percent of the victims are young people between the ages of six and 24.

“Nigeria is a source, transit route and destination of people trafficked for sexual and labour exploitation. Millions of Nigerian young people are vulnerable to human trafficking as a result of insurgency, community crises, poverty, maltreatment at home, family crises and unemployment.”

Orakwue Arinze, Director of Public Enlightenment, National Agency for the Prohibition of Trafficking in Persons (NAPTIP), who was a discussant at the event, said the urge to ‘hustle’ and ‘hammer’ amidst other factors like poverty, collapse of social infrastructure, denial of social amenities, neglect of moral and cultural standards force the youth to do anything it takes to get them out of the country in the erroneous belief that everything is fine abroad.

Despite efforts to curb human trafficking and illegal migration, the problem still persists. Kolawole Olatosimi, North Central Coordinator, Network Of Civil Society Organisations Against Child Trafficking, Abuse and Labour (NACTAL), blamed this on lack of a social safety net backed by the law.

He noted that the Federal Government’s social intervention programme of giving unemployed youth N5,000 and feeding primary school children are not backed by law and can be thrown away by any incoming government.

Ikenga Ngozi, a legal practitioner who is also the Chairperson of International Federation of Women Lawyers, Abuja branch, spoke on the legal aspects of the anti-human trafficking campaign. She described human trafficking as a violation of human rights.

Similarly, Imaobong Ladipo-Sanusi, Exeecutive Director, Women Trafficking and Child Labour Eradication Foundation (WOTCLEF), spoke about the foundation’s contributions to the fight against human trafficking.

The United States Senate designated January as Human Trafficking Awareness Month, dedicated towards raising awareness on the need to bring the menace to an end.

Emirates Airlines crew ‘beat’ 71-year-old Nigerian, ‘deny him water, food for eight hours’

 

 

David Ukesone, a 71-year- old Nigerian, has narrated how Emirates Airline flight crew punched and taped his mouth while aboard a flight from Dubai to Chicago to reunite with his family.

According to Howard Schaffner, his lawyer, the septuagenarian had just received a visa to enter the US and was travelling to join his wife, who had immigrated four months earlier. His adult son and daughter had also immigrated.

According to ABC news, Ukesone, a retired police officer in Nigeria who had never been in a flight in the last 35 years, was brutalized by flight attendants because he sat in a wrong seat.

The incident happened on January 23 after the victim left Nigeria en route Dubai for the US.

He was eight hours away from landing at Chicago’s O’Hare International Airport when a dispute with flight attendants turned hostile.

“He apparently sits in the wrong seat and was told to change seat by a flight attendant,” Schaffner said. “He didn’t think he was in the wrong seat and there was an argument and, at some point, he was hit.”

Though Emirates Airlines released a statement confirming an incident did occur, it said a passenger had to be restrained by cabin crew due to unruly behaviour during the flight.

“Emirates can confirm that a passenger on flight EK235 from Dubai to Chicago on 23 January had to be restrained by cabin crew due to unruly behaviour during the flight,” it said.

“The passenger was handed over to the authorities on arrival in Chicago. The safety of our passengers and crew is of the utmost importance and will not be compromised.

“We would like to take this opportunity to thank the other passengers on the flight for their understanding, in particular the individuals who had assisted our crew during the flight.”

But Schaffner said Ukesone first flew from Nigeria to Dubai “with no incident at all”.

After a layover on January 23, Ukesone received a boarding pass to sit in seat 35D on Emirates flight EK 235, which departed at 9:45 p.m. for Chicago.

The dispute began when he abandoned his seat to use the bathroom at the rear of the plane. When he returned, Schaffner said, he miscalculated and sat in a seat that wasn’t 35D.

Ukesone sat down in a seat that was “very close” to 35D, Schaffner continued, but did not attempt to upgrade himself to first class or occupy a seat meant for the crew.

An exchange between Ukesone and a flight attendant, he added, left him confused.

“He was asked to move and he wants to take his bag in the overhead compartment with him,” the attorney said.

He also believed he was “in the right” and didn’t understand why they wanted him to move.

“They told him he was in the wrong seat and they laid hands on him to move him and that’s when everything escalated,” Schaffner said.

Ukesone, he said, speaks and understands English, but “he has some difficulty understanding” it when it’s spoken by someone who isn’t Nigerian.

The argument intensified and, Schaffner said, a member of the flight crew allegedly struck him “at least once”, leaving a “large welt on his face”.

Ukesone also had “significant wounds on his wrists and ankles” that Schaffner believes were caused by a hemp rope allegedly used to restrain him from his ankles to his head.

Schaffner said Ukesone claims his “mouth was taped” and the flight crew allegedly left him alone to ride out the rest of flight “without any food or water”.

Once the plane arrived, the Nigerian man’s family waited in the international terminal for hours.

“He’s waiting for hours and he starts to check and asks people about his dad,” Schaffner said, adding that he ultimately was told that his father was pulled off the plane and admitted to the hospital.

When the plane arrived at Chicago O’Hare International Airport, Schaffner said Ukesone was wheeled out on a stretcher and taken to the University of Chicago Medical Centre, where he was allegedly treated for lacerations and bruising, and where he remained for several days.

The man was disoriented after being hospitalized, Schaffner said.

Until last week’s two international flights, Schaffner said it had been 35 years since Ukesone, a retired police officer, flew on an airplane.

He added that his client wasn’t on any medication, hadn’t drunk alcohol and has no history of mental illness.

“The man did nothing more than sit in the wrong seat,” his attorney said. “Even if he’s in the wrong seat you don’t have to beat the guy.”

Despite the airline’s statement that the passenger in question was turned over to local authorities, the victim’s attorney is unaware of any criminality.

Ukesone has not been charged with a crime, Schaffner said, and no police report or other paperwork claiming criminal behaviour has been produced.

His lawyer is planning to take legal action.

“There’s no question we’re going to file a lawsuit,” he said, expressing hopes that other passengers who flew with Ukesone that day would be bold enoguh to come forward.

FACT CHECK: Does Adeosun have the powers to suspend the SEC DG?

 

Mounir Gwarzo, the suspended Director General of the Securities and Exchange Commission (SEC), on Tuesday insisted that Kemi Adeosun, Minister of Finance, has no power to remove him from office.

Gwarzo stated this during the House of Representatives hearing into the circumstances leading to his suspension.

“On whether the Minister can suspend me from office, the answer is no,” Gwarzo said when Tajudeen Yusuf, Chairman of the probe panel, gave him the opportunity to make his final comments.

However, Adeosun maintains that she, as the Minister of Finance, has powers to suspend Gwarzo, adding that she would be making recommendations to President Muhammadu Buhari based on the matter.

“Mr Mounir is not removed, he has been suspended and he is not the first DG of SEC to be suspended. In the absence of a board, the Minister does have powers to suspend,” Adeosun said.

WHAT THE INVESTMENTS AND SECURITIES ACT SAYS

A screen-grab of the relevant section of the Investment and Securities Act 2007

Section 8 (1) of the Investments and Securities Act 2007 provides how a Director General or any member of the SEC board could be removed: “A member of the Board shall cease to hold office if he (a) becomes of unsound mind; (b) becomes bankrupt or makes a compromise with creditors; (c) is convicted of a felony or any offence involving dishonesty; (d) is guilty of serious misconduct in relation to his duties; or (e) is a person who has a professional qualification, and is disqualified or suspended (other than at his own request) from practicing his profession in any part of Nigeria by the order of any competent authority made in respect of him personally.

The President may at any time and upon the recommendation of the Minister remove a person to whom subsection (1) of this section applies: Provided no full-time member of the Board of the Commission shall be removed from office without the approval of the Senate.”

The Investments and Securities Act 2007, however, is silent on whether a Minister can suspend a serving SEC DG, pending investigation. In fact the Act did not make any provision for the suspension of a serving DG or commissioner.

On Adeosun’s remarks that “in the absence of a board, the Minister does have powers to suspend”, nothing in the Act supports this.

WHAT THE PUBLIC SERVICE RULES SAYS

A screen-grab of the relevant sections of the Public Service Rules

During Tuesday’s investigative hearing at the National Assembly, Gwarzo pointed out that the letter of suspension issued to him stated as follows: “This suspension is in line with the Public Service Rule 03405 and public service rule 03406 pending the conclusion of the investigation.”

He, however claimed that “this public service rule that she quoted does not exist in the Public Service Rule. Her intention is to make reference to 030405 rather than 03405. That 030405 does not give the Honourable Minister the power to suspend the DG of SEC”.

Gwarzo

ICIR found Gwarzo’s claim to be true. There are no rules 03405 and 03406 in the Public Service Rules, and rules 030405 and 030406 do not confer on the minister the express authority to suspend a DG.

According to Rule 030304 of the PSR, “(a) It shall be the duty of every officer to report any case of misconduct that comes to his/her notice to an officer superior to the officer involved.

(b)  When an officer’s misconduct is brought to the notice of his/her superior officer, it shall be the duty of               that superior officer to report it to the Permanent Secretary/Head of Extra Ministerial Office without                   delay. If he/she considers it necessary that the officer should be interdicted, such recommendations                 shall be made in the report.

(c) On receiving the report, the Permanent Secretary/Head of Extra Ministerial Office shall take action in               accordance with Rule 030302-030306 as appropriate and, if necessary, shall interdict the officer.

(d)  At the appropriate point in the investigation, the officer may be suspended in accordance with Rule                  030405.”

Rule 030405 states: “(a) An officer who is under interdiction or suspension shall notify his/her Permanent Secretary/Head of Extra Ministerial Office of his/her intention to leave his/her station. He/she shall however not leave the country without the specific approval of the Head of the Civil Service of the Federation.

(b) An officer under interdiction is also responsible for keeping his/her Ministry/Extra-Ministerial office                      informed of the address at which instructions to him/her can be delivered.

(c) If he/she fails to comply with the instructions delivered to him/her at such address within seven                         days of such delivery, he/she will be regarded as absent from duty without leave.”

Rule 030406: Suspension should not be used as a synonym for interdiction. It shall apply where a prima
facie case, the nature of which is serious, has been established against an officer and it is considered
necessary in the public interest that he/she should forthwith be prohibited from carrying on his duties.
Pending investigation into the misconduct, the Federal Civil Service Commission or the Permanent
Secretary/Head of Extra Ministerial Office (if within his/her delegated powers) shall forthwith suspend
him/her from the exercise of the powers and functions of his/her office and from the enjoyment of
his/her emolument.

Gwarzo also argued that the Public Service Rules cannot be used to suspend him since SEC has its own separate rules and regulations, as contained in the Investments and Securities Act. He quoted PSR 160103 to support his claims.

“If you look at the Public Service Rule, which is 160103, it clearly states that, for an institution that already has their own policies, they should be guided by that. My letter of appointment clearly states that my appointment will be governed by the provisions of the Investment and Securities Act. So, the question is, what instrument did the honourable Minister use or rely on in my suspension?” Gwarzo said.

Now, PSR 160103 states: “Parastatals are to retain and improve existing rules, procedures and practices in their establishments and ensure that there are no deviations from the general principles contained in the Public Service Rules. For example variations in probationary periods and maturity periods for promotion only reflect organizational peculiarities and not inconsistencies with the Public Service Rules. However in the absence of internal rules and regulations on any matter, the relevant provisions of the Public Service Rules shall apply.”

CONCLUSION

Going by the above rules, and by Adeosun’s narrative during the hearing, a prima facie case was established against Gwarzo after it was proven (through documents from the Corporate Affairs Commission as well as bank mandates) that he remained a director and shareholder in two separate companies while still DG of SEC. One of the companies, Outbound investments, had, in fact, transacted business with SEC by supplying diesel to the organisation.


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Adeosun had also stated that a thorough investigation into the matter could not be carried out with Gwarzo still at the helm of affairs, and that there were information (not supported by evidence, though) that he was already moving documents away from his office, hence the need for him to be suspended.

It is also safe to say that since the Securities and Investments Act (cited above) is not clear on the suspension of the SEC DG, the ministry of finance was right to have relied on the Public Service Rules to suspend Gwarzo.

However, it appears Gwarzo has a valid point since his letter of suspension was signed by Kemi Adeosun, not the Federal Civil Service Commission or the Permanent Secretary of the finance ministry.

SPECIAL REPORT: Charcoal… feeding the poor, killing the environment

For the urban poor, charcoal provides an affordable source of energy for cooking. As rural farmers turn to charcoal production to meet urban demand, this seemingly lucrative business is depleting Nigeria’s forest resources, with far-reaching consequences that range from soil degradation, desertification to climate change.


From the vantage point of her home, Esther Iliya darts towards a van that pulls up at Kampani Mailaba, a village along the Keffi-Akwanga Road in Kokona Local Government Area of Nasarawa State. The vehicle is parked where plenty bags of charcoal are displayed by the roadsides.

Iliya, a mother of five, produces charcoal, which she sells by the roadside. She has five bags on this day and makes N1,300 for each. The charcoal is a charred material she makes from cutting down trees and burning the woods through a local technique.

“Jesus gets the trees,” says Iliya when the ICIR asked her who owned the trees that she felled for the production of the charcoal.

In her community, production of charcoal is causing rapid deforestation – men and women alike having become charcoal entrepreneurs. But there are more women, she adds. “It gives more money than farming.”

FAMILY BUSINESS

The agrarian community has embraced a flourishing business of charcoal production. Almost every household in Kampani Mailaba produces the commodity. It gives a regular income than farming because it is produced all year round. Farming, meanwhile, is seasonal and takes longer time for the farmers to earn income from it.

“We make more money from charcoal but the money doesn’t last,” explains Dorcas Daniel, who joined Iliya in rushing to make a sale to the driver of the van that made a stop where they displayed their goods.

“This money I have now,” says Daniel as she opens her palm to show the N2,600 she made from selling two bags, “if I take it to the market to buy things, I won’t come back with N1. We’re still doing our farming but we’re making charcoal to get quick cash.”

When charcoal production started in the community more than a decade ago, it was done by men. Now, women and their children have outnumbered the men in the production of charcoal.

“We use the money we make from charcoal to buy foods, pay schools and help our children,” says Tina Barau. Her household farms groundnut, yam, and rice, which are cultivated during rainy season. This dry season, she is busy with the production of charcoal, along with her children who are on school holiday.

The farmers are turning to charcoal production to meet a growing demand for affordable energy in urban areas. For many urban poor, charcoal provides a convenient, reliable, and accessible source of energy for cooking.

CHEAPER THAN GAS

Iliya poses by her charcoal 

About 25 years ago, Abacha stove was invented in response to the scarcity of kerosene during the early years of the administration of Sani Abacha, the late military dictator. The local cooking stove uses charcoal. Since this invention, charcoal has become the main source of domestic fuel among poor people in urban areas.

Gas and electricity are the most recommended clean energy sources for cooking but the poor can neither afford these energy resources nor buy the devices to use them. Poor households in urban settlements resort to kerosene and charcoal. But since kerosene has become expensive with a litre costing N210, charcoal offers a cheaper option.

“Charcoals last more than gas,” argues Faith Jato, a charcoal retailer at Mpape, one of the biggest slums in Abuja. She buys a bag of charcoal at N2,000 from the dealers and sells it in smaller quantities of N50 and N100.  From this retail, she makes a profit of N300 to N500 per bag.

“This N50 iron charcoal will cook a pot of rice,” she adds, pointing to a stack of charcoal wrapped in black polythene bags and displayed on a table in front of her shop. In addition to charcoal, she sells Abacha stove for N2,000.

Charcoal is one of the main types of wood fuel. While most people in rural areas use firewood, people in urban areas prefer charcoal because it is more convenient and less smoky. But charcoal, just like firewood, produces indoor air pollution, a leading cause of deaths in the country. According to the World Health Organization (WHO), 95,300 Nigerians die annually from indoor air pollution.

“When you are burning charcoal, it smokes; and the smokes come with different types of dangerous gases,” says Emmanuel Unaegbu, an environmental activist. “They are poisonous gases that cause different kinds of problems when you inhale, such as respiratory disease, heart disease, and cancer.”

Unaegbu adds that apart from the diseases, charcoal has an unpleasant odour. “The smell from it disrupts ambiance air quality.”

A study based on evidence from the National Demographic and Health Survey (NDHS 2013) shows that approximately 0.8% of neonatal deaths, 42.9% of post-neonatal deaths, and 36.3% of child deaths could be attributed to the use of solid fuels (charcoal, firewood, crop wastes, sawdust, coal, and dung).

The inefficient use of solid fuels for cooking is responsible for the deaths of 4.3 million people annually in the world, according to WHO. And about 3 billion people globally still depend on these dirty energy sources for cooking and heating their homes.

LOGGING FOR CHARCOAL

Two heaps of wood covered with sand and one uncovered for charcoal production

Unchecked felling of trees without replanting is causing alarming deforestation in Mandara, Mararaba Angwan Itache and Kompani in Nasarawa State and Ogbe in Kogi State, which the ICIR visited. These are just a few of the locations in the country where charcoal is produced in commercial quantities.

For each production cycle, Ankali Joseph says she cuts down between 20 and 30 trees but makes less than 70 bags of charcoal. If the trees are in another person’s farmland, she pays about N200 for each tree. Thereafter, she pays a chainsaw operator N3,500 to fell the trees and cut the trunks into sizes of about three metres long.

With the help of her five children, the logs of wood are gathered in groups and arranged into rectangular heaps. She allows the woods to dry for at least a month before burning them for charcoal, but sometimes she makes charcoal from the fresh woods.  All she needs is to have access to water, grass and moist soil.

Like other producers, Joseph uses earth mound kiln to control the intake of air during the burning of the woods. The woods are stacked in heaps. The piles are covered with a layer of dry grass and wet soil. About two or three holes are made in the covered heap to ensure smooth burning. This method enables her to control air intake to ensure incomplete burning, otherwise the woods will burn to ashes if they are exposed.

“If they are dry woods they will burn in four days, but fresh woods take up to one week,” says Joseph. She explains that when the burning duration is completed, she uses water to extinguish the fire. The resulting charcoal is harvested and bagged.

BAD RECORD FOR NIGERIA

Earth mound kiln

Joseph and other charcoal producers are ignorant of the negative impact of their activities on the environment. However, the forest guards, who are employed by the government to protect the forests, collect money from the charcoal producers and never check indiscriminate felling of trees.

The number of trees wasted for the production of charcoal is extremely high. The producers told the ICIR that no single tree yields up to four bags of charcoal and these hardwood trees take decades to grow.

Nigeria is one of the leading countries with the highest rates of deforestation. As of 2005, Nigeria had the highest rate of deforestation in the world, according to Food and Agriculture Organization (FAO). The rate of deforestation in Nigeria is estimated at 400,000 hectares annually.

DAMAGE HERE, IMPACT ELSEWHERE

Joseph bagging charcoal with her children in the bush

Charcoal production has far-reaching consequences, including soil degradation, desertification, and climate change.

This is why Oluwatosin Kolawole, President of Climate Aid/Initiative, is unhappy that people are felling trees to make income from charcoal without considering the long-term negative effects on the environment.

“The consequences are beyond the indoor air pollution from burning charcoal,” says Kolawole. “The problem is the forests they are destroying to get the charcoal. Some of the trees have been in existent for 50 to 100 years before they can give you the quality you need. Now we are cutting down trees but we are not planting. Even if we are planting, we will not get the benefit until 20 to 30 years.

“When people go the forest to cut down trees, they are reducing the ability of Earth to maintain its own temperature and that is why we have global warming and its attendant effect of climate change. One of the effects of whatever evil we do to the environment is that sometimes the impact is not localised. You cut down the forest here; people feel the impact in another place.

“We can’t live without the services that the trees provide. They are our support system. The trees give us oxygen. In order words, they take carbon dioxide and give us clean air. They give us beauty and shade from the sun.

“Trees are like shade to the soil such that the intensity of the heat is not hitting directly on the soil. When the intensity of the heat is directly in the soil, it dries up moisture in the soil and when there is no moisture, nothing can grow.”

David Terugwa, founder of Global Initiative for Food Security and EcoSystem Preservation, told the ICIR that the problem is ignorance. He laments that logging for charcoal is causing soil infertility in places where the commodity is being produced.

“The same local people who left farming because it is no longer productive as a result of climate change are now going to fell trees to use for charcoal production,” says Terugwa. “They earn some money but go back again to use that money to buy food at an expensive rate.”

GOVERNMENT’S INACTION

A retail charcoal shop that also sells Abacha stove at Mpape, Abuja

Government’s indifference to reduction of charcoal production shows lack of commitment to the achievement of Sustainable Development Goals (SDGs). SDG 15 stresses the urgency to sustainably manage forests, combat desertification, halt and reverse land degradation, halt biodiversity loss while SDG 13 also demands urgent action on climate change and its impact.

Ogadinma Iroka, a development practitioner and consultant, says Nigeria is not taking decisive actions in combating climate change.

“One would wonder why many people, in a country like Nigeria with all the abundant sources of decent and much better environment-friendly cooking energy, have over the years been resorting to cutting down trees for cooking fuel,” Iroka says.

The previous administration of Goodluck Jonathan initiated the national clean cooking scheme to stop the use of firewood and charcoal for cooking and prevent the depletion of forest resources through indiscriminate felling of trees. Through this scheme, the government aimed to distribute over 20 million clean cook stoves across the country by 2020.

In November 2014, the Federal Executive Council approved N9 billion for the purchase of 750, 000 clean cook stoves and 18,000 wonder bags to rural women. Unfortunately, more than three years after, the clean cook stoves have not been distributed.

The contract for the supply of clean stove was given to Integral Renewable Energy Services Limited but the Ministry of Environment later cancelled the contract in June 2015. The ministry said that the contractor failed to deliver the required quantity despite receiving a mobilisation fee of N1.3 billion. Following the cancellation, the contractor sued the Ministry of Environment for violation of the contract.

The contractor already imported a certain quantity of the clean cook stoves before the contract was terminated. Follow the Money, a non-governmental organisation, confirmed that the contractor imported only 45,000 clean cook stoves, which were kept at the Velodrome of the National Stadium, Abuja.

“Corruption killed the clean cook stoves initiative just the same way corruption kills good things in this country,” says Terugwa.

He argues that the clean cook stove initiative is the still the best means of preventing excessive felling of trees for charcoal production, adding that people resort to charcoal because they do not have alternative sources of energy for cooking.

“Sometimes you still don’t blame them,” he says. “They must cook and eat.”

Smart Amaefula, President of Climate Transformation and Energy Remediation Society, urges the Federal Government to revive the clean cook stove scheme to prevent further depletion of forest resources.

“We have to start introducing alternatives,” he says. “If government distributes the clean cook stoves freely, people will begin to appreciate these alternative sources of energy. It will lead to awareness and mass production of clean cook stoves in the country.”

Amnesty International slams FG’s ‘totally inadequate’ response to herdsmen attacks

 

A total of 168 Nigerians were killed in clashes between herdsmen and farmers in Adamawa, Benue, Taraba, Ondo and Kaduna states in January 2018 alone, the Amnesty International has said.

In a report released on Tuesday, the international rights organisation described Nigeria government’s response to the killings as “totally inadequate, too slow and ineffective, and in some cases unlawful.”

“The government must totally overturn its response to these deadly clashes to avoid this crisis getting out of control. They need to investigate and bring suspects to justice,” said Osai Ojigho, Director Amnesty International, Nigeria.

“Hundreds of people lost their lives last year, and the government is still not doing enough to protect communities from these violent clashes. Worse, the killers are getting away with murder.

“In some cases where the Nigerian security agencies did respond to communal violence, they used excessive or unlawful force, resulting in even more deaths and destruction.”

On 4 December 2017, Nigeria’s air force sent fighter jets to fire rockets at villages as a “warning” to deter spiraling communal violence, as hundreds of herdsmen attacked at least five villages in Adamawa State to avenge the massacre of up to 51 members of their community, mostly children, the previous month in Kikan.

Ojigho said an Amnesty International team visited the villages in the aftermath of the air raids and gathered witness testimony from residents, who described how they were attacked by a fighter jet and a military helicopter as they attempted to flee.

“Launching air raids is not a legitimate law enforcement method by anyone’s standard,” he said. “Such reckless use of deadly force is unlawful, outrageous and lays bare the Nigerian military’s shocking disregard for the lives of those it supposedly exists to protect.”

He said Amnesty International was calling on the Nigerian Air Force, which has received intensive training from the UK and US militaries in recent years, to hand over the footage of the incident and all relevant information to the authorities, including the Attorney-General of the Federation and Minister of Justice for investigation.

“This is unlawful and excessive force on a catastrophic scale. It is yet another tragic example where Nigeria’s armed forces are found applying deadly military tactics to law enforcement situations,” he said.

“The Nigerian authorities must investigate these attacks and, where these investigations indicate criminal responsibility, prosecute those responsible and bring them to justice.”

He further revealed that the air raids occurred in the villages of Lawaru, Dong, Kodomti, Shafaron and Nzuruwei, where Amnesty International interviewed a total of 15 witnesses.

Locals in each village also provided Amnesty International with lists of the dead, which totalled 86 names.

Ojigho added that clashes between nomadic herdsmen and local farmers in 2017 resulted in at least 549 deaths, while thousands were displaced across Enugu, Benue, Taraba, Zamfara, Kaduna, Plateau, Nasarawa, Niger, Plateau, Cross Rivers, Adamawa, Katsina, Delta and Ekiti states.

He lamented that the violence had spiraled further since the beginning of 2018, with attacks and reprisals killing 168 people in Adamawa, Benue, Taraba, Ondoand Kaduna states.

He’s not the first SEC DG to be suspended — Adeosun explains Gwarzo controversy

 

Kemi Adeosun, Minister of Finance, says the suspension of Mounir Gwarzo, former Director-General of the Securities and Exchange Commission (SEC), has nothing to do with the ongoing forensic probe of Oando Plc as alleged.

Speaking while appearing before a House of Representatives’ investigative panel set up to examine the circumstances of Gwarzo’s removal, Adeosun said Gwarzo was not the first SEC DG to be suspended, adding that the action was to restore the confidence of investors in the Nigerian stock market.

Gwarzo had alleged that his suspension was due to his refusal to yield to Adeosun’s directives that he should drop the forensic audit of Oando plc, but Adeosun said this is not the case.

“Oando is a completely separate situation to (the suspension of) Mounir Gwarzo. Totally and completely separate,” Adeosun said.

“The allegation that I gave an instruction that the forensic audit should stop is laughable and I’m sure you saw the SEC team laughing because they know that that work is ongoing [on that] even as we speak. So it is not true. It is mischievous to even suggest that that was the case.”

Adeosun maintained that Gwarzo was suspended because there were evidences to prove that he serially violated public service rules.

For instance, she said Gwarzo is a director and a shareholder in two private companies, contrary to the rules of public service prohibiting such.

“On the 27th of October, 2017, we received a bundle of documents delivered to our whistle-blowing unit, making allegations, not only against Mr Gwarzo, but also against two other officers of the SEC,” Adeosun narrated to the legislators.

“On that basis I asked the head of the whistle-blower unit to investigate. We did not immediately suspended Mr Gwarzo because every allegation must  be subject to some scrutiny.

“Due to the seniority of Mr Gwarzo and the potential impact of the matter, I asked them to go straight to level two (of investigation), which is: ‘you either prove the case or we throw this out’.

“They came back with evidence that suggested that there was a very real need to issue a query to Mr Gwarzo, which is the procedure. Mr Gwarzo was then queried, he responded.

“Unfortunately, his responses contradicted the evidence that we had at hand. For example, Mr Gwarzo claimed that he had resigned from the company, but the evidence we had from CAC (Corporate Affairs Commission) showed him to still be a director and shareholder.

“So, on that basis, we felt there was a need to do more work. I sent the team back again, and this explains the delay between his response and his eventual suspension. He attested that he had resigned in 2012, meanwhile CAC was still showing him to be both a director and shareholder, so we needed to get other evidence.

“So we then went to bank records and we found that Mr Mounir remained a signatory to that account. And we obtained evidence of banking transactions where he signed as a director. That, then, for me, became conclusive evidence that the position he had maintained in his memo was incorrect, or at least, unreliable.

“And on that basis, we had an internal meeting where we looked at all the evidence. At the same time, we were receiving information from the staff of SEC that documents were being removed, and we knew that we needed to do a thorough investigation, of course that investigation could not be done with Mr Mounir still at the helm of affairs in SEC, and that was when we took the decision to suspend Mr Mounir.”

Adeosun said that after the suspension, she set up an administrative panel of inquiry to further look into Gwarzo’s case, and that the panel had submitted a detailed report that she would transmit to the President for further action.

“Mr Mounir is not removed, he has been suspended, and he is not the first DG of SEC to be suspended. In the absence of a board, the minister does have powers to suspend,” she said.

Also, there had been allegations that Gwarzo, who was a commissioner in SEC before his appointment as DG, paid himself a severance package of N104 million before assuming his new appointment even when the commission’s Director of legal advised him against it.

“On the issue of the severance pay that he collected, we have investigated it. He made some positions that a similar thing was done in the Central Bank; we have gone to Central Bank, that was not the case,” Adeosun said.

“As far as we are concerned, the over-ruling of the recommendation of the Director, Legal, was improper. And if there was any contention, it should have been referred to the ministry to adjudicate. You cannot judge in your own case and then pay yourself. It’s never done. And there is no history of somebody collecting N104 million one day, and resuming on another desk, in the same organisation the next day.”

However, Gwarzo insisted that the Minister has no power to suspend him. He also stated that it was not his job to ensure that the CAC updates its database to reflect the fact that he had resigned as a director of the said companies as far back as 2012.

On the issue of his severance package, he maintained that he was statutorily entitled to it, having spent the required number of years as a permanent commissioner in SEC.

Gwarzo said that according to the regulation, any permanent commissioner who spends up to two years in office is entitled to a severance package. He noted that he was appointed Permanent Commissioner in January 2013, and spent over two years before his appointment as DG in May 2015, hence the legality of the severance package.

The hearing was adjourned to a later date for continuation.