You can’t probe me, Diezani tells lawmakers

Barring any unforeseen changes, the House of Representatives has scheduled June 17, 18 and 19 for the resumption of the probe of the lease and maintenance of a private jet by the Nigerian National Petroleum Corporation (NNPC) at the cost of N10 billion for the personal use of the Minister of Petroleum, Mrs Diezani Alison-Madueke.

Equally, the House Public Accounts Committee (PAC), which met yesterday morning, has so far collated evidence from Excujet Hanger and Vistajet, two private companies connected to the jet charter deal.
It has also received memos from undisclosed whistle blowers, who have indicated interest to appear before the committee to testify.

The Chairman, House Committee on Media and Public Affairs, Hon. Zakari Mohammed (APC, Kwara), disclosed this to journalists yesterday, adding that a new batch of invitations had been prepared and would be sent out to invitees ahead of the period slated for the hearing in about two weeks.

Other bodies PAC would reach out to are the Federal Airports Authority of Nigeria (FAAN), Nigerian Civil Aviation Authority (NCAA) and other relevant agencies in the aviation industry.

Assuring Nigerians that there was no need to lose hope over the conduct of the probe and its outcome, Mohammed, who is also a member of  PAC, said the committee would turn in its report on the floor of the House before the lower chamber goes on recess by the end of July.

“We don't want to stampede invitees. We are not after anybody, but to expose what is not right,” Mohammed said.
On the allegations that the House has been compromised and cannot carry on with the probe, the lawmaker stated: “These are imaginary aspersions about favours exchanging hands. But I want to say the House is clean.”

On whether the petroleum minister would show up for the probe hearings, Mohammed said the House had not embarked on a witch-hunt against the minister.

“If you are invited and you refuse, under the law we will subpoena you,” he said.
“But it has not got to that stage. I believe with the calibre of people we are expecting, we hope they will all turn up,” he added.

On the fissure between the executive arm and the House over the refusal of the Ministry of Internal Affairs to attend a PAC hearing, which the latter insisted it must get clearance from the presidency to do so, Mohammed said: “If the ministry says so, then it means some people are trying to impede the House’s functions. As an arm of government, we will not be stopped from discharging our responsibilities.”

Despite the determination of the House to proceed with the probe of the charter of private jets for the personal use of the minister and her family, Alison-Madueke and NNPC yesterday filed a fresh suit against the Senate and the House of Representatives at the Federal High Court, Abuja, challenging the powers of the legislature to probe the lease of the aircraft.

The new suit was filed on her behalf by Chief Mike Ozekhome (SAN). The first suit filed by Mr. Etigwe Uwa (SAN) is still pending and will come up before Justice Ahmed Mohammed also of a Federal High Court on Monday.

The new case raises the issue of whether the minister and NNPC has the power to deduct from the revenue in their custody to settle third party debts before remitting the net proceeds to the Federation Account.

After posing five questions for the court's determination, Ozekhome sought 10 reliefs all of which are to the effect that the National Assembly lacks the powers to probe the minister and the NNPC and that such probe is the duty of anti-graft agencies.

In the suit, the minister and the NNPC are challenging the powers of the lawmakers under sections 88 and 89 and 214 of the Constitution.
In the main, Ozekhome has also written to the Clerk of the National Assembly to inform the two legislative houses to stop issuing further invitations to the minister until the suit has been determined.

Among other reliefs, the minister and NNPC asked the court to issue a perpetual injunction to restrain the lawmakers from “interfering or further interfering with their power to make deductions at source from their gross earnings for purposes of settling debts it owed to third parties, including other expenses and contractual obligations, before paying the net sum thereof into the Federation Account under Section 162 of the Constitution of the Federal Republic of Nigeria, 1999, as altered”.
They are also asking the court for a declaration that by virtue of

Sections 88, 89 and 214 of the constitution, the respondents (the Senate and the House of Representatives) or any of their committees are not legally and constitutionally empowered and/or competent to personally/physically probe or conduct investigations into allegations of fraud, corruption or other criminal activities said to have occurred in the agencies under the applicants’ supervision or control, when there exist agencies that are legally and constitutionally empowered to carry out such investigations into alleged fraud or other criminal conduct and prosecute offenders upon the conclusion of their investigations.

They further asked the court to declare that by virtue of the said provisions, the respondents “are not legally empowered to personally and/or physically probe or conduct investigations into allegations of fraud, corruption or other criminal activities said to have occurred in the agencies under the applicants’ supervision or control when such probe or investigation is not for the purpose of enabling the respondents make laws or correct any defect in existing laws”.

They also said Section 8 of the Legislative Houses (Powers and Privileges) Act Cap. L12 Laws of the Federation of Nigeria, 2010 preclude the lawmakers from summoning them for the purpose of giving evidence and or producing any papers, books, records or other documents which relate to the unpublished official records of the applicants without the consent of the President of the Federal Republic of Nigeria first and obtained by the respondents or their committees.

They asked the court to declare that the lawmakers acted above their powers and functions by sending out invitations to them and agencies under their control when such invitations were not for the purpose of enabling the respondents make laws or correct any defect in an existing law.

Other reliefs sought by them are: “A declaration that by virtue of the provisions of Section 7 (4) of the Nigerian National Petroleum Corporation Act, Cap. N123, Section 1 (2) and section 2 (1) of the Nigerian National Petroleum Corporation (Projects) Act, Cap. N124, thereof, deductions can be made at source from the gross revenue accruing to the second applicant (NNPC), for the purposes of settling debts it owes to third parties, including payment of expenses and other contractual obligations, before paying the net sum thereof into the Federation Account under Section 162 of the Constitution of the1999, as altered;
“An order of perpetual injunction restraining the respondents from further conducting direct personal or physical probes, inquiries and/or investigations into any alleged fraud, corruption or other criminal activities in the agencies under the applicant’s supervision or control;

"An order of perpetual injunction restraining the respondents from summoning the applicants or any agencies under the applicants’ supervision or control, to appear before them for the purpose of giving evidence and/or producing any papers, books, records or other documents, which relate to the unpublished official records of the applicants without the consent of the President of the Federal Republic of Nigeria and obtained by the respondents or their committees;

“An order of perpetual injunction restraining the respondents from further sending out invitations to the applicants for the purpose of appearing before them to answer to allegations of fraud, corruption, or other criminal activities in the agencies under the applicants’ supervision or control, when such invitations are not for the purpose of enabling the respondents make laws or to correct any defects in existing laws; and

“An order of this court that the respondents restrict themselves only to causing or directing the appropriate bodies or agencies of government, that is, the police, the EFCC, ICPC, or any other agency so authorised by law, to conduct such probes or investigations with respect to allegations of fraud, corruption, or other criminal offences alleged to have occurred in the agencies under the applicants’ supervision, or control.”
The case is yet to be assigned.