Monday, 3 September 2012

PDP faults Buhari over comments.

 by Olusola Fabiyi.

Former Head of State, Maj.-Gen. Muhammadu Buhari (retd),
Peoples Democratic Party has asked a former Head of State, Maj.-Gen. Muhammadu Buhari (retd.),  to stop inciting Nigerians against the government.
The party stated this in a statement by its National Publicity Secretary, Chief Olisa Metuh, on Sunday.
According to the PDP,   political differences notwithstanding, it expects  Buhari  to acknowledge the  progress the country had made in internalising democratic culture since the return of democracy in 1999.
The party was reacting to comments by Buhari  while on a visit to Kano last week.
The Congress for Progressive Change’s presidential candidate for the 2011 general elections had said the ruling PDP  had breached the 1999 Constitution on many occasions.
But the PDP said it was shocked by  such comments.
The statement read in part,  “We shudder that a former Head of State under whose watch freedom of expression landed many Nigerians in detention on account of his obnoxious decrees, and who now enjoys such freedom, is utterly ungrateful to the efforts of our great party in advancing the cause of democracy.
“If the CPC leadership does not understand what the rule of law is, let’s oblige them with little details.
“And for General Buhari, the evangelist of Rule of law, Nigerians wish to know  if unlawful incitement of the populace to violence and attack on the institutions of democracy is part of the rule of law.”
It added that criticisms from  the opposition would  not make the  government to deny Nigerians their  inalienable rights.
The statement said, “The PDP loses elections and winners are sworn in;  we do not use our incumbency at the centre to stop  the democratic wishes of the people.”
This, it said, was not so with the  opposition parties, which it alleged  was in the habit of rigging local government  elections in their states.
It cited Lagos and Ogun states as examples where such incidents had happened.
It said because the Federal Government had nothing to hide, it  enacted the Freedom of Information Act so that Nigerians would  not be in the dark as to how the nation was being run.
The PDP advised  Buhari to concentrate on giving Nigerians alternative ideas and plan of action to what the party  had at present or even engage it in a public debate on the values of good governance.
It reminded Buhari of what Nigerians  went through under his regime.
“There is no doubt that even the blind can distinguish between the daylight it is today and the deep dark night it was hitherto,” it added.

Nigeria’s First Lady Hospitalized In Germany.


Mrs. Patience Jonathan
By SaharaReporters, New York
Nigeria's First Lady, Mrs. Patience Jonathan, has been in a hospital in Germany in the last four days, Abuja State House sources have told SaharaReporters, undergoing treatment for food poisoning.
The sources say Mrs. Jonathan, who is also a Permanent Secretary in the Bayelsa State civil service, was airlifted to the hospital by an air ambulance in midweek under emergency medical conditions.
Presidency sources stated that the emergency airlift departed for Wisbanden, Germany, but it is not clear if her treatment was being undertaken in that city.  They said she was only able to speak earlier today, four days after her arrival, because the illness had been so severe that she lost her voice.
Our sources could not say when she will return to the country.  Nigeria’s political leaders and their families routinely seek expensive medical attention abroad, an irony occasioned by their failure to develop the same facilities at home.  In the past few years, two former First Ladies have died on foreign hospital beds.

Igbo Leaders Reject Call On Jonathan To Contest 2015 Presidency.


Goodlucj Jonathan in Anambra
By SaharaReporters, New York
Igbo leaders have distanced themselves from a recent call on President Goodluck Jonathan to contest the 2015 election, warning those using the name of the Igbos for such pronouncements without permission to desist or prepare to be ostracized.
“Whereas Ndigbo overwhelmingly supported the election of President Goodluck Jonathan in 2011 elections, we remain of the view that the President should not be distracted by relevance-seeking political jobbers with such calls, even when he is yet to deliver on his major promises to Ndigbo,” they said in a statement.
The statement was signed by Oganiru Ndigbo Foundation/Igboville; Emeka Maduewesi (Leader); Uche Onuh Lucas (President General); Maxi Okwu; Okey Igbokwe; Onyema Uche and Obichi Ikechi.  They said the call was made by “a certain Chief Arthur Eze and his gang of faceless so called Igbo elders.”
They drew attention to Jonathan’s failures so far to honour promises made to the Igbos, including construction of the second Niger Bridge within his first tenure; to convert Enugu Airport to an international hub; and to give roads in the South East urgently needed attention within his current tenure.
“As at today, none of these promises have been fulfilled,” the statement said.  “Second Niger Bridge is still in the "drawing board" and no international flight has yet landed or taken off from Enugu Airport. South East roads remain the worst in the country, including the Enugu-Onitsha Federal highway that Chief Arthur Eze traveled to Onitsha from Ukpo through. Enugu-PH highway is at best a death trap while Aba-Ikot Ekpene highway is virtually non-existent as a road.
They also contended that in the sharing of national resources, Ndigbo are yet to get any favors from the Jonathan regime.
“No single refinery out of the six promised by President Jonathan is located in the South East even though three south east states, Abia, Imo and now Anambra are oil producing states,” they said. “Revenue allocation is heavily skewed against Igbo states with one state receiving more monthly allocation than all 5 SE states. Even desert states that contribute next to nothing to the national revenue pool are getting more than two times the monthly allocation of oil producing Igbo states. Nobody is even discussing the promised 6th state for Ndigbo, to put the South East at par with other regions that have 6 states.”
They also criticized President Jonathan’s “failure” to protect Professor Barth Nnaji, the former Minister of Power who resigned last week, describing him as a “reformist” who naturally attracted opposition from vested interests in the perennially corrupt power sector in Nigeria. Other ministers of Igbo origin, they said, are not faring better within this government.
With that background, the group said it was important to unequivocally state that while Ndigbo are not at war with President Jonathan, there is absolutely no reason, at this time, to endorse him or any other politician for 2015 election, especially as Ndigbo has already expressed interest in producing the best President of Nigeria in 2015.
“We are committed to working with Mr President to achieve his electoral promises, especially as relates to Ndigbo,” the statement stressed. “If by 2015 we review his performance and determine that he has done well enough to deserve second term, we will join authentic Igbo leaders to make our position known.
“For now, we encourage the President to focus on his work including securing the life and properties of all Nigerians. The frequent massacre of Ndigbo in parts of the country by terrorists masquerading as religious zealots is giving us sleepless nights. Real Igbo elders should be seeking a solution to this unfortunate targeting of Ndigbo rather than stomach-induced endorsements and calls for anyone to contest elections.”
For Chief Eze and those who spoke with him, the group said, “Even Joshua in the Bible spoke for himself and his family, not for the entire children of Israel. When Ndigbo want to speak, we know through whom we will speak.”

‘Nigeria losing billions of naira to corruption at seaports’.

SharBillions of naira accruing from arbitrary shipping charges at the nation’s seaports find their way to private pockets instead of government coffers, say maritime stakeholders at recent conference in Lagos.
Stakeholders in the maritime industry alleged at a conference in Lagos that billions of naira accruing from arbitrary shipping charges due to absence of a commercial regulator. They also alleged that the money end in the pockets of concessionaires handling most of the concessioned terminals. The experts and some human right lawyers that attended the Lagos conference said top government officials benefitting from the arbitrary charges at the port that is allegedly diverted to private accounts are responsible for the delay in the passage of relevant laws meant to establish among others, the National Transport Commission (NTC) expected to serve as the commercial regulator of port terminals and shipping business in the country.
The maritime stakeholders’ conference tagged, a free legal clinic on arbitrary shipping charges: Rules, Rights and Remedies was conducted by Akabogu and Associates, in collaboration with Shippers Council on Tuesday, August 14 provided a platform where experts interacted under the chairmanship of foremost maritime expert Otunba Kunle Folarin.
Some of the issues that dominated discussion at the conference were questions bordering on what really constitute the numerous charges slammed on importers and shippers of goods to Nigeria-like terminal handling charges (THC), containers demurrages who should be charging and how much is the international standard of it?
Other issues that dominated discussion at the conference were why VAT should be paid on CIF when it is also charged on customs duty? Why VAT on container deposit? The absolute need for a commercial or economic regulator in the industry cannot be overemphasized. A critical analysis of the roles of NPA and Nigeria Shippers Council (NSC) was undertaken by participants where the single window or one-stop shop clearing house for all payments is desirable.
The jam-packed conference hall of Nigeria Shippers council, Lagos, venue of the conference had in attendance very many experts in the industry who proffered solutions to the multifarious problem plaguing the maritime industry with a general consensus that the present administration has the administrative will to address the problems except for the fact that top government officials and politicians benefitting from the present shoddy arrangement may not want the presidency to understand the rote in the system and effect necessary corrections.
Barrister Emeka Akabogu said statistical data from Nigerian Ports Authority (NPA) indicate that the issue of arbitrary shipping charges is a major source of overcharging people doing business at the nation’s ports, denying government its due share of revenue accruing from the arbitrary charges and diverting same to private accounts.
“In view of the monumental corruption going on in the maritime sector, going to court right now is absolutely necessary, while the persuasion of the authorities to see reasons why the empowering of shippers council or setting up of a commercial regulator, is being package, as a medium to a long term solution to the arbitrary, some say, criminal charges by the shipping companies and terminal operators.
“From the statistics obtained from NPA, imports in a year show 817,216 TEUs plus 231,423vehicles are recorded. Therefore, damage, delay or loss incidents affecting at least 40 percent of these numbers. Also, assumption of average value of one Total Equivalent Unit (TEU) equals $75,000.00 and that of one vehicle is $12,000.
“When these amounts are used to multiply the quantity of imports in a year, it means thus: 817,246 times $75,000 times 0.4 equals to $24.5 billion. Container deposit fees equal 817,246 times N80, 000 and that is the minimum considered, and that equals N65.4 billion. Now 30 percent, which is N19.6 billion is retained for various reasons, while a balance of N45.8 billion is expected to be paid, after a minimum of 2 months delay with 10 percent interest accrual,” he said.
Stakeholders and professionals in the maritime sector at the conference in a frantic effort to find solution to the seemingly interactive problem came up with various suggestions. Chief Martins Egbafe said the best solution is the total shutting down the ports, adding, “Because, after several years of trying to draw the attention of the Federal Government to these arbitrary shipping charges, shutting down the Ports appears to be the only language that will be understood by the authorities,” he said.
But the National President of Association of Nigerian Licensed Customs Agents (ANLCA), Prince Olayiwola Shittu thought otherwise, saying, “In spite of the fact that highly placed persons, at the Federal Ministry of Transport, are colluding with some industry operators to scuttle the actualization of a Commercial Regulator for the maritime industry, I am of the firm belief that if freight forwarders synergize, and collaborate to institute a class action against the shipping companies and terminal operators, a big relief will be achieved, which will be sustainable and long lasting.”
On the issue of the long overdue economic regulator for the maritime industry, Nigeria Shippers council informed participants at the conference that a benchmark of shipping charges has been submitted to the office of the Minister of Finance for consideration.
A participant, Mr Olaitan Jamil said, “I am of the opinion that stakeholders should form a collaborative action alliance to serve as a lobby group in the industry to take-up some of these challenges and ensure a decisive action is achieved. I have also noted that it is the considered opinion of most participants that just like the ministers of finance and transport stormed Lagos some months back to seek solutions from stakeholders, and immediately directed the implementation of such decisions with official pronouncements and circulars, those ministers should once more be invited to hear out the stakeholders on this issue of arbitrary shipping and terminal charges, take decisions and direct immediate implementation.
“This way, there will be no room for backdoor negotiations and thereby truncating of the collective will or decision of the people. On the single window proposal, every participant feels it is long overdue. Everything must be done to support its actualization,” he said.
Effort to reach the Minister of Transport, Senator Idris Umar could not be successful as officials of the ministry insist that a formal letter to interview him must be initiated. Months after a letter requesting for interview with the minister could neither be acknowledged nor the interview granted.
Similarly, an online enquiry on maritime and transport related matters sent to the Assistant Director Press and publicity of the ministry, Mr. Abiodun Oladunjoye could not be replied to several months after delivery.
However, a reliable source at the office of the transport minister told this reporter that a meeting of Legal officers and relevant officials from some agencies of the ministry is ongoing with a view to considering a way forward. The source added, “They are only wasting time. The fact of the matter is there is no way the maritime industry can move ahead unless and until all the pending bills now before the National Assembly are passed to law.
“To mobilize the legislators to work on these bills and pass them into law, you need money. The ministry does not have such money but the relevant agencies, NPA and NIMASA in particular have the needed money but they will never release it because passing a bill establishing the NTC as a commercial regulator means depriving the NPA of some of its powers. In the absence of the NTC, the NPA is now doing the job of NPC. Nobody will give you money to strip him of his powers.
“Again, the posting of non-professionals or people that are not conversant with transportation is another stumbling block. When you transfer a Director that worked all through his life in Sports, Agric and Health ministries or areas not related to transport, you will not expect him to know what to do in the transport sector. The transport sector requires professionals and people that are conversant with the industry,” the source said.

Sunday, 2 September 2012

The Looting Of Nigeria: BIG OIL’s $140 Billion A Year and Counting By Thomas C. Mountain.


Niger Delta

As western oil companies loot some $140 billion a year of Nigeria’s black gold, two thirds of the country’s 100 million people live on less than $2 a day.
Nigeria’s “official” oil production figures show about 3 million barrels a day being pumped from their oil fields into the holds of western tankers, though for decades now informed observers have estimated up to one third of all Nigerian oil is actually “stolen”, secretly loaded onto oil tankers after bribes are paid to corrupt government officials.
If 4 million barrels of oil are being shipped out of Nigeria daily at $100 a barrel, times 30 days a month, times 12 months, you arrive at almost $150 billion a year in potential oil revenues for Nigeria.
The problem is not just theft but the fact that the western oil companies are literally looting Nigeria’s oil, paying as little as a 9% royalty.
Do the math, 9% of $150 billion minus the one third oil that is stolen and the Nigerian government only receives about $10 billion a year of this amount.
Simply put, at $100 a barrel, the western oil companies get $91 and Nigeria only gets $9. Or more shockingly, Big Oil makes $140 billion a year vs. Nigeria’s $10 billion.
The Big Oil robber barons famously promote themselves as “investors” in Nigeria, though when looking at the loot they are making from what should be Africa’s richest country it is doubtful that they have invested $140 billion in Nigeria in total over the last decades (Big Oil is notorious for sticking the host countries with a major share of infrastructure expenses, deducted from their royalty checks).
In other words, Big Oil has made its investment back almost exponentially. And all the while Nigerians are hungry, sick, and increasingly fed up.
What have the people of Nigeria gotten from all this wealth being looted from their country?
Malnutrition and disease are rampant across the country. Many if not most of Nigeria’s children have never seen the inside of a school room. Many if not most of Nigeria’s people simply cannot afford even primary medical care. Malaria, water borne diseases, TB, HIV/AIDS, the list of sicknesses killing Nigerians in the thousands every day is criminal.
Nigeria’s environment has been a victim with a large swath of the coast lying under a toxic blanket of oil, mainly as a result of the criminal failure of Big Oil to do even basic maintenance on its pipelines.
Yet Nigeria has the largest, best equipped army in west Africa, the better to enforce Pax Americana. As I write, Nigerian troops are pouring into Guinea Bissau, there to restore “democracy”—something they have done many times in the past.
Nigeria should be wealthy, its people the envy of Africa, if not the entire developing world. Instead its cities are filled with homeless children begging for their daily bread.
Nigeria imports almost all of its fuel needs, selling its oil for $9 a barrel and buying back the gasoline, diesel and kerosene made from its oil for hundreds a barrel.
Nigeria is in constant need of IMF bailouts and pays the price for such predatory loans. Earlier this year after Queen of the IMF, Christine Lagarde, paid a visit, Nigerian President “Badluck” Jonathan was forced to kneel down and kiss her feet, promising to more than double the price desperate Nigerians are forced to pay for their fuel.
The kleptocrats that rule Nigeria under the banner of “democracy”, for they stole the elections fair and square, cannot even provide electricity to their people, with most Nigerians receiving only a few hours a day of electric supply, if any at all.
Nigeria’s other infrastructure, what little there is, decays by the day with even its once functional railroads now barely operational.
Yet this is all applauded by the west, with Nigeria’s President a permanent member of the so called G-20 council of world leaders.
One of the leading candidates for the title of “Queen of African Kleptocracy”, the Nigerian Finance Minister, complained bitterly after she was rejected by Pax Americana to head the USA majority owned World Bank. Talk about the fox wanting to rule the chicken coop.
All this looting and theft has left a once proud and self-sufficient people on the brink of a major explosion with government repression barely containing a cauldron of ethnic/religious violence that continues to erupt in murder and mayhem. Muslims killing Christians, Christians killing Muslims, and the army killing ethnic rebels taking up arms over the looting and destruction of their homelands by the western oil companies.
These days the western media have begun carrying alarming reports of a dramatic decline in Nigerian oil production, down according to some reports by as much as 25% in the last few months. As bad as matters are already for Nigeria’s suffering millions, what is to come may be far worse, for without even the small morsels that their western masters allow to fall from their oil burdened tables the Nigerian economy is headed for a collapse, being almost completely dependent on their oil exports.
What is going to happen if Nigeria’s oil fields begin to run dry? Only time will tell, though thanks to the looting of Nigeria one might be forgiven for holding little hope for what should be one of the jewels of Africa.
Thomas C. Mountain is an independent western journalist based in the Horn of Africa, and has been living and reporting from Eritrea since 2006. He was a member of the 1st US Peace Delegation to Libya in 1987.           

‘Only North Can Solve Boko Haram Problem’ – Yahaya.

Former Minister of Industries and elder statesman, Air Vice Marshall Muhammadu Yahaya (rtd) who recently clocked 70 tells MIDAT JOSEPH that only northern leaders can solve the Boko Haram insurgency and that waiting for the federal government is an excercise in futility. Candidly sharing the story of his life Yahaya also speaks on several topical national issues.

Congratulations on turning 70. Can you share your background with LEADERSHIP SUNDAY?
My name is Muhammadu Yahaya. I grew up in a polygamous family. My mother’s name is Maimuna. From the Mother’s side, I was the fourth child. The first three died. In our family we had these three marks on the face. I am from Adoka local government of Benue State.
Because they thought I was going to die, they didn’t give me the tribal mark. How my mother explained to me was that they said her breast was contaminated either by juju or whatever. So I was privilege to be given to my grandmother who brought me up. It was my grandmother’s breast that I sucked and grew up. It was later that I got to know who my actual mother was and that was the beginning of my life.
At that time we used to go to Qur’anic school. During the first attempt to put me in school, the teacher flogged me one day and my grandmother who liked me so much, took a knife and pursued the teacher. So the only way they could trick her was that my late uncle, was working as a clerk in Kaduna. So I had to follow him to Kaduna in 1952; I was already ten years. I started my Primary school in Kaduna but after a spell of two years, we went back to Oturkpo.
There I attended Methodist school and spent two years there before the Native Authority established as special school where you have to take entrance from one primary class to another. When I was in Primary two, I took the entrance and passed and went straight to class four.
I took entrance and came to Kaduna and we were the pioneers of the Technical Institute, now Kaduna Polytechnic. On the 22 October 1962, it was a Friday, we came to the mosque. At that time every Muslim will gather at the Kano Central Mosque including the Late Premier of the North, Sir Ahmadu Bello.
I had three pence with me and I bought the Daily Times newspapers for two pence. When I opened it, I saw advertisement for Defence Officers Cadets. I applied and luckily I was shortlisted. We took entrance examination to the American University. We were many and I was lucky to be one of the ten successful Nigerians.
Every American University had officer cadet corps training which they called ROTC. I finished my degree in 1967, Bachelors of Science in Electrical Electronics. After that I went for the proper training at Mississippi. I trained in electronics, mostly specializing in Radar Control.
My background in military training is strictly American. I spent my four years of cadetship with American Air force. When I came back to Nigeria in 1968, I wanted to teach Maths, Physics, Chemistry and Additional Maths at the Nigerian Defence Academy (NDA), but for some reasons, the commandant said no. So I went to Kano. My training and experience were not the same concept with what was obtainable in Nigeria.
What I learned as an officer in America was not the same thing that was being thought at home. When we enlisted, there was no NDA. Actually when we enlisted, there was nothing like Nigerian Airforce. The Act establishing the Nigerian Air force was in1964.
So we were enlisted as Defence corps. But they made sure that out of the ten of us, three was to come to the Air force, three to the Army and four to the Navy.
In the American system, you believe more on the brain rather than rank. But, I found myself in a situation where the rank, rather than the brain was dominant basis for authority and I had a lot of trouble adjusting to that. I found myself not doing anything much, so I went to the Ministry of Works and asked them if they can build a 6 classrooms for me at where the present Bayero University is located.
So they built it. So I started teaching Airforce Officers Basic Maths and Electronics.
Before, we were doing it in Bukagu Barracks. That was the foundation of the Air Force Institute of Technology (AFIT). When I was in the United States (US) I started my Post Graduate in Circuit Theory, but because of the war, I had to return home. I had less than six weeks to finish my masters.
Funny enough, when I came back home, the opportunity to start my Post Graduate was based on my rank, so when I had the opportunity, I declined, I said such opportunity be given to other people who are educated.
When I was posted to the Headquarters in 1970 was to liaise with the University of Ife (now Obafemi Awolowo University) to open Electronic Department and we sent many officers there. If you are going to Zaria, on the left hand there is an Air Force house on the left hand side. When they were building that place, I made sure that I built 13 classrooms with physics, chemistry and laboratories well equipped.
That was how we started what is called AFIT now. When I was posted to the Headquarters, the school I established in Kano was closed down because people did not believe in what to do with it.
I was passionate about imparting the knowledge I had acquired to the younger ones. They know the theory, but they don’t know the practical aspect of it.
I have tried my best to impact AFIT. I am proud to say that it is through my own efforts that school stood until I left. I was able to draw the syllabus, I went to the Egyptian Air Force. I had a background of the British and Pakistani. It was on that basis that I formed the syllabus to start the school.
The first set of NDA used the lab because they didn’t have laboratory for engineering. By the time I left the service for ministerial appointment, my intention was to affiliate the institute with Ife and the Ahmadu BelloUniversity (ABU), Zaria.
I am happy that all the boys I recruited now have PhD in Engineering. So, I have contributed my own quota.
Looking at your own family, you are a Muslim and your wife is a Christian; how have you been able to cope with this over the years?
Well, I started my primary school in a Christian system and in those days, we were forced to read the Bible. There is no part of the Bible that I don’t know. Up till today, I read the book of Psalm. Part of the Qur’an said there is no compulsion in religion. There is no need forcing somebody to embrace the religion which he doesn’t believe in.
I have a member of my family who was the first to marry a Christian; from there I know there has to be compromise. I am not a religious fanatic, but I believe solely in Islam, no compromise about it.
But I cannot force somebody to be a Muslim if that person wants it. My wife is a very staunch Catholic. The way God has worked it out for us for the 47 years we have live together, we have never had any issue on religion because we respect each other’s religions. During fasting, she gets up early to cook for me, so we have no conflict.
As for my children, some are Christians, some are Muslims. I have three boys and four girls. All the boys are Muslims and the girl are Christians because they happened to attend Catholic Schools. When they girls were marrying, I went to the church and handed them over to the altar. That does not change my faith.
What message do you have for Nigerians, especially for people in the north where there are frequent ethnic and religious clashes between Muslims and Christians?
Some of the religious crises, to me are more political. A lot of people are misguided. But if we all follow the teachings of the Bible and the Qur’an, we should not have conflict. The two religions preach peace and harmony. But we have a situation where some people exploit religion for their selfish ends. We have a lot of youths who are unemployed and are always used to cause such confusions.
So, to me I don’t have problems with religion. In case you don’t know, the wife of the former President of Egypt, Hosni Mubarak is a Christian, her name is Suzan. The wife of the King of Jordan is Bristish; same with Syria. I take my wife to church, every day I wake up I will pray to God and say let me not be an instrument of torture to any human being.
When I was in government, a lot of people thought whether I became a Muslim because of political appointment. I told them this was the name my father gave me when I was seven days old. My father was a good Islamic scholar. He never went to any Mallam because he taught us that if you read the Qur’an and communicate with God; it is the same thing with whoever you employ to do it on your behalf. We thank God these days; the Qur’an has been printed in many languages.
All I tried to impart to my children is to be honest, trustworthy, never hate anybody, never envy any body and never hurt anybody.
How did you meet your wife?
It was on a Christmas Day - 25th December, 1958. We were just bunch of boys in the town. I was riding a bicycle and I saw her. When I saw her, I said so this is the intelligent, brilliant Mary George!  Her senior sister whom I knew very well was my brother’s girl-friend.
In those days we used to have the National Idoma Students Union and every summer we meet to discuss issues affecting Idoma land.
I used to argue that I will not marry a wife who uses shampoo and the rest of them and we will just laugh. Actually she wanted to be a nun because she is a very religious person and that has kept her faith because for the past seven years, she has been very sick, but the faith she has kept her alive.
Why were you called Hitler during your days in the military?
I used to give a lecture in the Junior Command and Staff on the topic leadership as I see it. You lead by example. When you say, don’t steal, you yourself should not steal. In the Air Force, I don’t punish, but when I ask them to do something, they will do it because they know I can do it when they don’t do it. It was not as if I was punishing anybody, but I tell them that they have to serve the country well because the government has invested so much to train them.
Because of my moustache, probably that was why they called me Hitler.
But the point is that I was fair and firm in all my dealings. All the disgruntled officers were posted to me. I was very happy that I was able to rehabilitate them to become good officers.... When you are in charge of people, you must be concerned about their welfare. I was humane, but if you don’t do what is supposed to be done, I will give you what the books says!
Anywhere you are, you have to take care of the welfare of people who are working for you because without them you cannot move. Every individual in the system is useful.
How were you appointed a minister?
I went to Hajj and by the time I came back, there was a coup. I have gone through all the coups from Gowon, Buhari, Shagari. During the coup that brought Babangida to power, I was in Mecca with the late Vatsa.
Idiagbon was also in Mecca. I decided to sponsor myself to Hajj instead of being sponsored by government. I paid on my own. When the coup took place, they said they were looking for me. The High commissioner called and told me to tell me there. I reported to the High Commission. I was appointed member of the Armed Forces Ruling Council.
In December 1983, I was posted to Kaduna as the General Officer Commanding Training Command after spending all my life in the headquarters. Being a pioneer engineer, I was there to formulate all the engineering policies and training programmes for the Air Force. Since training was part of me we had to put certain things together.
As a member of the Armed Forces ruling Council, I was given the post of the chairman of the Mass Transit Programme in this country and we toured everywhere to formulate the programme. Unfortunately, government never reads whatever you write. I forced ANAMCO, Leyland and Volkswagen to start producing locally in Nigeria.
When I was appointed minister in March 1989, I was combining the two positions and I went and told Gen. Babangida that I cannot do that.
That was how I became the minister of industry. Then I later became the Minister of Commerce and Industry.
Babangida was my mate in NIPSS. We were the first course at NIPSS in Jos and we were in the same syndicate, so I have known him. When we went to NIPPSS, I was the only officer who was a full colonel. The rest of them were brigadiers. I was junior to them, so I minded my business.
Looking at those times and now, a lot of things have changed, especially in the way things were done in those days and now. This issue of corruption has become so endemic. What are your comments on this?
Normally I don’t comment on national issues. But a country that worships material wealth must think twice. In Nigeria people talk of their town and states first. That does not encourage nation building.
We emphasis paper qualification so much and this is killing the country. Nigerians are crazy about titles. The earlier we look at what people can contribute for us the better.
Time has come that the government cannot do everything; we must make our contributions, we should go back to the basics. What has gone wrong? We cannot worship and survive in this country.
What’s your response to the Boko Haram insurgency?
I read these things in the papers. What are the northern leaders doing? Boko Haram did not start in one day. It started from something and we ignored it. The nucleus of Boko Haram is supposed to be from Borno. What role did the governors there play?
We have a situation where people are developing thugs. When there is a change of baton and the same carrot is not there, there would be a reaction.
Northern leaders should sit down and find out what is going on before it destroys the north.
Before if you talk of centre of commerce; if you mention Lagos, you will talk about Port Harcourt and Kano. Kano is gone. I am sorry to say that. Kaduna is very overtaking Kano. So we have to sit down, they didn’t come from somewhere. They are children of people. If you have a son and he doesn’t come home in the night, won’t you ask him where he is staying? They are being harboured by other people; why are they being harboured?
So we in the north, if we are waiting for the federal government to solve this problem, it is not going to be solved. Northerners must solve the problem themselves.
What has gone wrong with the legacies of the late premier of Northern? Nigeria, Sir Ahmadu Bello Sarduna
There is some kinds of dissatisfaction somewhere, try to find out what has gone wrong. If this thing goes on, it is going to destroy the north. It has already done a lot of damage. You don’t see people from the South coming here freely anymore. You don’t see anywhere men trying to get a job in the north any more.
They will not attempt any major contract in the north. We should blame ourselves. We have created situation that has gone out of control and we should go back to the basics. There are grievances here and there, we should try and find out why the grievances.
This is my own personal view, I am not a politician. All I do is to pray every day for peace to reign this country. We cannot do without each other. The north is tied up with the South and the South is tied up with the north in everything.
Who are your contemporaries in the military?
My own course mates are all dead; I am the only one surviving. In the Air force, we are only three. They are dead. My mates cut across Army and Navy. In the Army, we know our mates. NDA is not my mate. I have only 10 mates in the whole armed forces.
They include late Rear Admiral Ibrahim Katagum, Admiral Sam Atkum, then Sati Gomut who contested before to be governor of Plateau State was my classmate. Bukar Magaji, Ike Onunaku who joined the Biafran Air Force and didn’t make it. In the army there was Ayodele all of us were trained as engineers.
Our syndicate wrote a report on the Niger Delta in 1979. At NIPSS, you are divided into syndicate groups and assigned to undertake a tour of the different parts of the country. We went to the Niger Delta and saw the situation of things there and we said (in the report) that something has to be done. In the whole world, human beings want a decent environment. Most of the solutions to the problems of Nigeria are all in Kuru. Government should try to access some of this information.

Lawangate: NASS uses oversight function to amass wealth says Fred Agbaje .

• Agbaje• Agbaje
Barrister Fred Agbaje is a Constitutional Lawyer, Human Rights Activist and a Social Crusader based in Lagos. In this interview with AKINJIDE AKINTOLA & DAN AJANAKU, he bares his mind on various national issues which include the bribery scandal involving Hon. Farouk Lawan and Femi Otedola on the Oil subsidy Probe regime, over-sight functions by the National Assembly as well as state of the nation.

As a Constitutional Lawyer, Human Rights Activist and a Social crusader, How do you see the ongoing Bribery scandal leveled against the chairman of Ad-hoc committee, Oil subsidy regime, Hon. Farouk Lawan by Femi Otedola?

Let us give both parties the benefits of doubt; I won't say yes, somebody took bribe as alleged. I will frame it this way: How did I see the allegation of bribe-taking that is currently ravaging the entire NASS particularly the House of Representatives. Constitutionally speaking, the constitution says especially, section 36, that every accused person is presumed to be innocent of whatever allegation that is leveled against him until the contrary is proved before a competent Law court. For now, it is a mere allegation but if it turns out that the contrary is proved to be true, all theses allegations flying about on the front pages of the newspapers.

I know in this country, as a constitutional Lawyer, both the giver and taker of bribe are punishable under the relevant penal laws of Nigeria; Particularly under the Anti-corrupt Act and the criminal code because it is an offence for somebody to give and it is equally an offence for somebody to take bribe. To worsen the matter, it is even against the official code of conduct because one is not allowed to accept any form of gratifications in the performance of his/her lawful duty. But any form of gratifications that come from the state, somebody is permitted to accept.
The position of Femi Otedola from what I have read so far in the various newspapers is that, we were being inundated with the demand of bribe by the members of the probe panel and Farouk Lawan. It was deduced that and his team demanded for bribe ($620,000) cash- for-clearance to enable them delist the name of Zenon petroleum & Gas from the list of indicted Oil marketers in the report of the committee on the day it was adopted by the House.
If Femi Otedola has no skeleton in his cupboard, why must he offer a dime for those who claim are constantly demanding? Why must he be Otedola alone that was asked to come forward to bribe them? Is it because the amount of the shared amount involving Zenon Oil is the highest or one of the highest that was why they asked for such a fantastic amount of the shared money? These are questions that Femi Otedola must provide the answers to the security agents particularly the EFCC, we should get to the root of the matter immediately.
On the side of Farouk Lawan, he did say yes, initially he said that there was nothing like that. "We should not believe, Nigerians are used to the era of fake video being paraded all over the place; since the era of Diya/Abacha saga, all sorts of video are being paraded.
I must confess, I was one of those people who believed that statement issued by Farouk Lawan. I also joined some Nigerians that the insinuations being made could juxtapose two individuals together in these days of high-wired technology anything can happy. I was tempted to believe Farouk Lawan. But when the presidency mounted much pressure, he said yes, I took the money, he has now shifted grounds, as a result of the two mere inconsistent statements made by him. He has all of a sudden made a 360 degree u- turn the second day; what a twist of irony? He said yes, when he was confronted with the reality of the video recorded clips that exposed him.
Meanwhile, Femi Otedola consistently told the whole world that 'I gave Lawan the sum of $620,000 (marked money) as bribe in a sting operation with the knowledge of the security agencies, and with the hope of protecting him when the final balance is paid later, so he can walk a free man on the street and the public will have been short- changed of their hard tax-payers' money.
On the side of Farouk Lawan, what I still found distasteful in the whole alibi, he said the police authority was informed as far back as April 24, 2012. If he had informed the police authority, where was the money taken to since then? When did bribe-taking /giving become what one can quickly publish in the newspaper and why did he not tell the police authority and the general public? According to a local adage in where I come  from in "Akoko -Edo LGA in Edo State which says when a dog eats shit (faeces) and one does not chase the dog, if the dog is allowed to enter the house, it will rub everybody with the shit (faeces). Farouk Lawan said, he chose to tell the police authority, but Otedola said, he chose to tell the security agents. It was a coup and a counter coup displayed by the two personalities. If it is true that Farouk Lawan had told the police authority as far back as April 24, 2012, why has the police authority not stepped into action?
Which means the police authority acted as an accomplice in all these inordinate shenanigans of taking the entire Nigerians for a ride.
The hierarchy of police that have been mentioned should be aware that they must be named; when did the police hierarchy became aware of this scenario? When did EFCC became aware of this ugly scenario? When did the SSS which Otedola mentioned became aware of this scenario? When did Aso rock that were also mentioned became aware of this scenario? In other words, there's a high-level of conspiracy in this corruption saga. Even if it is a set-up, I want to ask: why will the government agent set-up a legislator/lawmaker in the 1st place? Is the government afraid of the law-maker that he will not come to tell truth or he will be at the side of the public interest or the larger Nigerians interest that the microscopic interest of the ruling oligarchy and there are more stories behind this ugly scenario. How can a government that claims to fight corruption be the one encouraging, aiding and abetting the giving /taking of bribe?

There are insinuations that the government wants to use this as an opportunity to rubbish the report of the subsidy probe panel. What is your take on this allegation?

The government wants to punctuate the report of the panel, but Nigerians are not fools. I, for one, no body can fool me; the authenticity of the report is never in doubt, you can  query the messenger, the message of that report is  very clear not only for Nigeria as  a whole but for the International community that are ready to assist the government to fight corruption.

The question is this, if the Federal Government of Nigeria wants the Oil subsidy probe panel report to be thrown out as being alleged because the members were alleged to have taken bribe; and therefore, the authenticity of that report has become questionable; it is not true. In the first instant, if the hand of the cleaner is clean, why will he surrender to any intimidation for the  demand  of bribe? Is it not because the hands of the giver are not clean, he is the one of the cabals that sponsored the election of the present occupant of Aso Rock. They claim somebody has been set-up, but others were also indicted. No amount of dilly-dallying game can take away the veracity and authenticity of the reports. If you deal with the messenger, especially the messenger which has a case to answer; so many of them were indicted. Why did they submit to the giving of bribe? Why did he submit to the giving of bribe? Why can't he say, I can't give bribe by saying l'm a Deacon in my church, or an Alfa in my mosque, I can't do it because I can't be a party to this shady and fraudulent practices. I have no money to give anybody, if you are not satisfied, go ahead and I will go to court to challenge the verdict. He has something to hide, the report is there, then he compromised and the country is greater than any individual, whether Otedola or Lawan.

The House of Representative is meeting tomorrow to deliberate on the next line of action against the leadership. Is it the right step to take?

The integrity of the House is already in doubt; can you be a judge/lawyer in your own case. Who appointed the members of the Oil subsidy probe panel? Is it not the leadership of the House? The same leadership that the report will be submitted to because they want to douse the embarrassing tension caused by the bribe-taking allegation. The house should stop further deliberation in this ugly scenario, I will advise the law enforcement agents to take its full course in accordance. The two personalities should summit themselves to the law enforcement agents for proper interrogation and investigation.

But if the credibility of the investigative panel is questioned, will it not affect the outcome of such committee?

It was true that Lawan had contacts with Otedola along the line, but the case and report should not be compromised because there is a clear evidence adduced at the enquiry which was very revealing and should not be swept under the carpet.
Hope this is not a conspiracy to destroy that panel report because at the moment, the evidence appears scanty?
What the law look at is whether you secure a favour to exonerate yourself. There is an element of conspiracy; ingredients of corruption; bribery is complete because of the giving and taking of bribe has been established. The argument that marked money was offered does not arise. Did the company not enjoy the favour. Throw that argument to the Marines for God's sake.

Can you expatiate more on this?

There is an example of a rich man versus an harlot. The rich man approached a harlot for sex, she agreed and the rich man gave the harlot fake money. Some days later, the rich man contracted gonorrhea and came back to the harlot: 'you gave me gonorrhea', the Harlot exclaimed: 'did you know that you gave me fake money on that day'?
A crime has been committed, both of them enjoyed the relationship, at the end of the day, both of them were worst off, both the prostitute and the rich man are guilty of the offence. It is a wise joke.

In law, the level of criminality depends on jurisprudence and what determines your culpability are inter-twine around two factors; the act itself that you did it and the state of your mind as at that time. The two must work together, the act itself and state of your mind as that constitutes the realm of criminal jurisprudence. It could not be an act, if you don't know what you are doing; but if you have the intention and carry out that intention, the law can't get you free. He claimed, he gave him marked money, is he not enjoying the benefit of illegal and conjugal relationship with Lawan. The Principle in criminal law is this, active non-ta legal forms. In other words, there can't be a guilty act unless there's a guilty mind. Conversely, there can't be a guilty mind unless there is a guilty act. Both cannot get out of it.

What is your view on NASS as a whole on this over -sight function in view of recent developments as regards probe of SEC, Pension Fund scam and the power probe some years back?

Let me state that by the over-sight function, the NASS lately had become too much saturated about their over-sight functions. The truth of the matter is that, it is because of the direct and indirect benefit that come with such over-sight functions and that is why the jostle for chairmanship of committees amongst members is always a do-or-die affair. It has become a do-or-die for its inherent pecuniary advantages that go with such offices. For instance, Iyabo Obasanjo's committee fought over education/health palaver and eventually got out of it. A former Minister was asked to bring N50m to be cleared, these are part of the fallout from over-sight functions.
Over-sight function constitutionally, is supposed to be used in furtherance of the investigative power of the law-maker in the course of their legislation; they can indict anybody when they are legislating. The second ground when they can get themselves involved in this over-sight function is when they want to fight corruption, but invariably instead, they now use over-sight function to amass wealth.

All over the world, the over-sight function is the last weapon used against the recalcitrant governmental and private organizations. They used it to streamline the lawlessness that pervades the executive, government department, private sector but unfortunately that instrument of over-sight function is a ready-made expense of their constitutional responsibility of the legislative for the good governance of the country.

While the Supreme Court allowed the EFCC/ICPC Act is that their was a period challenge for the NASS and government of OBJ to pass the EFCC/ICPC act to the principle of federalism because it intended the power of the state to deal with criminals but now shifted to the Federal Government of Nigeria, but the supreme court largely rejected the argument saying: both the state and federal governments have that responsibility.

In other words, the law-makers are not using the over-sight function to better the lots of Nigerians, but as an instrument for personal aggrandizement. Like the missing NEPA N600 Billion was mismanaged in the power sector probe scam. On the local scene, Pedro Road here in Shomolu is the worst road in Lagos State and the local government is not doing anything about it. It is a government of personal aggrandizement. They weren't voted for, they came through questionable electoral process; Armed robbers, thief's to quote what OBJ said. The questionable electoral process can only be addressed in Nigeria unless we ensure that the Independent National Electoral Commission, (INEC) boss is appointed from outside Aso Rock. If the President continues to appoint the umpire for the electoral process, then the problem will just continue.