Ise-Oluwa Ige and Emma Ujah
22 April 2008
Lagos — CHAIRMAN of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello, explained yesterday why she would not submit herself new to the Economic and Financial Crimes Commission (EFCC) for arrest and prosecution in connection with the N10 million received by the Committee from the Federal Ministry of Health.
She said her decision did not mean that she was above the law. She said the EFCC should let her be since she was already challenging the competence of the two-count charge slammed against her in court.
She said from all indications, EFCC was not really interested in prosecuting her over whatever offence she was alleged to have committed but simply interested in disgracing her.
It was also gathered yesterday that the Presidency might have frustrated EFCC's initial moves to detain the Senator.
Speaking to newsmen in Abuja through her counsel, Mr Bankole Akomolafe of Chief Afe Babalola (SAN) Chambers, Senator Obasanjo-Bello said: "The Ministry of Health paid N10 millionto the Senate and not to Iyabo Obasanjo-Bello. The sum of N10 million was paid to the Senate Committee on Health by the Senate to cover the retreat for the study of a bill.
"The money was never meant for Iyabo Obasanjo-Bello, but for the organisation and members of the Committee on Health who participated in the retreat. The money was spent by the Committee for the purpose for which the Ministry of Health meant it.
"As a matter of fact, it was the Secretary of the Senate Committee on Health that paid the expenses of the Committee. All the expenses were duly receipted.
"On the above facts, it was not true that Iyabo Obasanjo-Bello stole N10 million from Ministry of Health as alleged in the charge. It was also not true that she retained or pocketed N10 million belonging to the Federal Government.
"It is on record that organisation of retreat is not a new phenomenon. It is a notorious fact that the EFCC has in the past organised retreats which it also funded in like manner.
"It is, therefore, a surprise that what EFCC itself does and practises has become a crime on this occasion.
Even if it has now become a crime, why did EFCC single out Iyabo Obasanjo-Bello of all the 11 members of the committee, some supporting staff and the two (2) representatives from Ministry of Health who embarked on the trip to Ghana between the 16th to the 20th March, 2008?
"After all, there is no vicarious liability in crime.
"Our law does not permit any government enforcement agency to arrest, detain or charge innocent people. Freedom from arrest of innocent citizen is the cornerstone of democracy and an invaluable heritage from civilised nations.
"There seems to be no justifiable reason for EFCC which is aware that organising retreat is not a crime and which is also aware that the Senate approved of the action of Senate Committee on Health to nevertheless continue to pursue our client.
"This is more so in that whether or not organising a retreat is a crime is one of the issues we have turned over to the court for determination.
"It is not in dispute that the EFCC has charged her to court on two counts which charge is being challenged.
"EFCC cannot, therefore, be heard to say that it did not carry out necessary investigation before charging her to court.
"The law is that a person shall not be charged to court until a prima facie case has been established.
"Contrary to the representation to the public, Senator Iyabo Obasanjo-Bello had on two previous occasions honoured invitation by EFCC where she wrote comprehensive statements on the facts of this case. It is upon this among others that the EFCC wrote its Investigation Report before charging the matter to court.
"Having charged her to court, why is EFCC looking for her after she has lawfully protested her innocence by challenging the competence of the charge?
"The right of the EFCC or the Police to arrest is not at large. There is no right to arrest innocent citizens. There is no right to arrest a person charged to court who is protesting his innocence before the court. The legal position is analogical to that of an accused who is on bail.
"EFCC is expected to respect the court and the decision of the Supreme Court that the accused who is challenging the competence of such charges is at liberty not to attend the court.
"The only safeguard against wrongful charge is the court," he said.
Writes AGF to stop EFCC
Senator Obasanjo-Bello has already written a letter to the Attorney-General of the Federation, Chief Michael Aondoakaa (SAN), pleading with him to prevail on the commission to toe the path of rule of law by allowing her to be until the court decides her application challenging the competence of the charge preferred against her.
She has also written two letters to the President of the Senate, Chief David Mark, and the acting Chairman of the EFCC to protest what she called her harassment by the Commission.
In the letter written through the Chambers of Chief Afe Babalola (SAN), for urgent attention, Iyabo said: "Any civilised country where the rule of law prevails, an adverse party is enjoined not to do anything in respect of the subject matter once it is served with the court processes.
"In the instant case, EFCC has been served with a motion asking for an injunctive order pending the determination of the issue of jurisdiction and other constitutional issues.
"It is unnecessary to cite cases in support of the stand of our courts that where a party had been served a motion for an injunctive order, he should refrain from any further step on the matter pending the determination of the issue turned over to court.
"Our plea to you is to please direct EFCC not to take any further action on the issues of jurisdiction and competence which have been turned over to court.
"This plea is not founded on the status of Iyabo Obasanjo-Bello as a Senator or her being the daughter of a former President.
"There is something more important at stake. It is no less than the imperative need to respect the court and the processes before it.
"As earlier stated, the government of President Umaru Yar'Adua believes and practises the rule of law. Therefore, the government and its agencies particularly the EFCC should not do anything which will contradict the philosophy of the government.
"It is in view of all these that we call on your exalted offices to wade into this matter especially on the need for EFCC to halt the harassment of our client and the false impression it is giving to the whole world that our client is a criminal or that it is above the law.
"She is still innocent unless and until the court to which it has applied holds otherwise. We urge you to cause the EFCC operatives to respect the court processes, the court and the rule of law and stop harassing or threatening our client pending the determination of the suit."
Presidency frustrated Iyabo's detention
Meanwhile, the Presidency may be behind what has become a hide-and-seek game between EFCC and Senator Iyabo Obasanjo-Bello over the N300 million scam in the Federal Ministry of Health.
Security sources said the anti-graft agency was set to take Senator Obasanjo-Bello into custody when she first reported for interrogation, at the beginning of the saga only for an official of the Presidency to go to the EFCC and ask that she be allowed to go.
That directive was said to have upset some of the officers who did not see why Senator Obasanjo-Bello should not be arrested, even when the Minister of Health, Prof. Adenike Grange, and the Minister of State for Health, Architect Gabriel Aduku, did not only resign their positions but were arrested and detained for days before the High Court granted them bail.
Thereafter, officials of the agency were left with options, none of which was attractive enough as it was faced with credibility question.
In the ensuing confusion, EFCC could not honestly say it could not find Iyabo since even she herself was not only seen in public but claimed that the anti-graft officers could not say she was in hiding.
A day before the former ministers and the other accused persons were arraigned, Senator. Obasanjo-Bello was at the birthday party of Senate President, David Mark. She was also at the plenary and so could not be said to be in hiding.
When the story of the failed attempt to arrest her broke last week, not many people believed that the senator could have outsmarted the EFCC operatives, if they genuinely meant to arrest her.
A source said the drama was only a response to the growing public criticism of the EFCC for failing to drag the senator before the courts, just like other accused persons in the matter.
It was learnt that officials were irked by Senator Obasanjo-Bello's posture when she was asked to return her share of the money. She was said to have refused, even when other accused persons returned their share in full.
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Mrs Iyabo Obasanjo is now teaching the minister of justics,the arttoney general of the federation and the EFCC the due process of law.What a great insult to the nation and the senate committee is protecting her.It is never done anywhere in the world.Fos GODS sake, this criminal should be forced to resign or impeached and then made to face the law.Was this not the same woman that changed her name to get contract from her useless father and the same woman wanted in America for kidnapping?I've said it before and i still maintain it that her father Obasanjo is still the president of Nigeria.
It is easy to jump to conclusions, the merit of the matter has to be examined. The truth is most of this leaders are rogues Iyabo included. Why do we have to pick on one person? What about the rest of the people that shared in the loot? Fair is fair, if you must get one then get all.
If there be any atom of integrity left to salvage in the name "Obasanjo", the CHAIRMAN of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello should be wise to do so by submitting herself to the judicial process of Nigeria. She should be enlightened and woman enough to go through the country's judicial process which she herself and her father helped put up...for what applies for the goose should also hold for the gander.
Anyway with her adamancy, she is finally putting the “Obasanjo” name in a coffin for the political books all over the world and in Nigeria. Nigerians please pay attention, take heed and beware of that name. That name smells doom and catastrophe for your young democracy! It is no wonder that positive thinking political minds are avoiding that name internationally.
Princess Iyabo is a true product of a very strange human being called Obaxtshanjo. Can you imagine the arrogance of this girl? Is this not the same girl that is wanted by some courts here in the United States?