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Nigeria: Fani-Kayode, Borishade - Senate Rebukes EFCC
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Vanguard (Lagos)
2 July 2008
Posted to the web 2 July 2008
Emmanuel Aziken, Inalegwu Shaibu and Bukola Ojeme
Lagos
THE Economic and Financial Crimes Commission (EFCC) drew flak, yesterday, from the Senate for Monday's arrest of two former Aviation Ministers, Chief Femi Fani-Kayode and Professor Babalola Borishade, as well as one-time Managing Director of the National Airspace Management Agency (NAMA), Mr. Roland Iyayi, within the National Assembly premises.
It called the action of the EFCC a desecration of parliament.
Giving bite to the Senate resolution, Senate President, Chief David Mark, affirmed that allowing further arrest of witnesses testifying before Committees of the National Assembly would portray the legislature as a tool of the EFCC.
The trio were arrested moments after their appearance before the Senate Committee on Aviation probing the utilisation of the N19.5 billion Aviation Intervention Fund.
The Austrian representative of Avastel SA, Mr. Georg Eider, was arrested last Wednesday after his appearance before the Committee on Aviation.
The Senate resolution followed a motion by Senator Enyinnaya Abaribe (PDP, Abia South) who upon Order 15 of the Senate Standing Rules said the arrests could hamper the Senate in its investigative duties.
He described the action as an infringement of parliamentary rights and privileges.
Support for the motion came from Senators Ike Ekweremadu (PDP, Enugu West), Manzo Anthony (PDP, Taraba North), Uche Chukwumerije (PPA, Abia North), Victor Ndoma-Egba (PDP, Cross River Central) and George Sekibo (PDP, Rivers) among others.
The only opposition to the motion came from the Senate Chief Whip, Senator Kanti Bello, who said there was nothing wrong in apprehending criminals within the National Assembly premises.
Contributing to the motion, Senator Ekweremadu, Deputy President of the Senate, said: "Even common sense dictates that a conducive atmosphere should be created for people to come into the National Assembly and testify. Moreover, the privileges of the National Assembly should be respected."
On his part, Senator Chukwumerije said: "If the Senate officially invites a guest to give privileged information, it is necessary so that a conducive atmosphere must be provided for the person to give the information so needed, without any form of intimidation, but the arrest by the EFCC shows that they are incompetent."
Senator Chukwumerije said allowing the practice could deter witnesses from appearing before National Assembly Committees.
The Senate Deputy Majority Leader, Senator Ndoma-Egba (SAN), in his contribution affirmed that the action of the EFCC was a violation of the Legislative Houses' Powers and Privileges Act and as such illegal and unlawful.
Responding to the comments, Senator Mark said: "If people who come here are allowed to be taken away at will by security agents before we wind up fully (on our investigations), what we are going to end up with is a situation where people would be scared away because of the fear of what will happen to them. The arrest that was done, in my opinion, was not based on the evidence that they have given but because somebody somewhere said something else.
"But since these people (EFCC) have this information, they should arrest them elsewhere. That is what we are saying. We are looking at it from a moral point of view. For people to come here and give evidence, we should not allow the security agents to come here and just arrest people and take them away.
That is my ruling. So, I sustain your point of order and I think that Senator Ayogu Eze should give the press a proper briefing at the end of the day. As much as possible, people who have committed or are suspected to have committed any offence should not be chased into the National Assembly.
The EFCC should summon them so that people who are invited here should not be arrested for offences not committed within the premises," he said.
Briefing newsmen at the end of the Senate session, Senate spokesman, Senator Ayogu Eze said: "What happened today (yesterday) was an effort by the National Assembly to strengthen our democracy. The issue of arrest of official guests of the National Assembly is totally condemned by the National Assembly and is totally un-agreeable with legislative practice all over the world.
"The argument of the legislature is that we have privileges provided for by legislative powers and privileges Act. We also have privileges provided for by our standing rules as well as tradition in other legislatures.
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"When we invite people, an official of government to come to the National Assembly, that person is assumed at the point in time to be wearing the toga of privileges of the institution that have invited him or her and, therefore, it will be wrong to come and arrest such a person," he said.
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From ths article it is very clear again that the main problem behind the arrests is the overriding polity of TRIBALISM. Since almost all politicians operate and control the polity by TRIBALISM, THE COUNTRY CAN NEVER move forward as a nation unless and until the different TRIBAL make up of the country are allowed to fend and develop themselves separately. This can only be realized if the present 36 nonviable states are replaced by six (6) states each correspnding to the Geo-political division of the country. Unless this change is made, which will necessitate a modification of the... [Read Full Text]
The problem with the first comment is that of myopic reasoning. This guys are to clarify how money under their ministries were wasted. The X-president decided to make the ministers both yorubas so the arrest now should never has "Tribalism" as the root cause. So lets call a spade a spade and move our country forward.
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