Still on Magu, Babachir Lawal

On 24th January 2017, Primium Times, an internet newspaper, carried a bold headline declaring that President Muhammadu Buhari had cleared the Secretary to Government of the Federation, Babachir Lawal, of all charges in the grass-cutting contract scandal that has been flying around for some time now. Primium Times declared: “Buhari writes Senate, clears SGF Lawal in ‘grass-cutting’ contract scandal”.

Predictably, other news media – print and electronic – have since latched on to the Primium Times headline and have equally gone to town with their own stories.

With all due respect to Premium Times, the headline is misleading. Nothing proves this averment more than the medium’s own subsequent report on the story. What Mr. President did was far from clearing the SGF as would be seen presently. 

But first a background to the story. The Senate of the Federal Republic had in December last year asked President Muhammadu Buhari to remove the Secretary to Government of the Federation, Babachir Lawal, and prosecute him for alleged breach of Nigerian laws in handling contracts awarded by the Presidential Initiative for the North East (PINE).  The Senate’s call was made on the strength of the interim report of its Ad-hoc Committee on “mounting humanitarian crisis in the North East”.

The Ad-hoc Committee, headed by Senator Shehu Sani, reportedly indicted the SGF for receiving N200 million contract to clear “invasive plant species” in Yobe State through a company, Rholavision Nigeria Limited – a company in which he (Babachir Lawal) was a director untill September 2016 when he resigned – more than a year after his appointment as SGF – in clear breach of Nigeria’s code of conduct for public officials as enshrined in the 1999 Constitution. Babachir Lawal however denied the allegations, saying he was never invited by the Committee to hear from him.

Not long afterwards, and quite coincidentally, the Senate turned down the President’s request to have Ibrahim Magu confirmed as substantive EFCC chairman. Again, the Senate hinged its refusal to confirm Magu on adverse report allegedly forwarded to it by the Department of State Security Service (DSS). Worthy of note is that neither the Senate Ad-hoc Committee’s report on Babachir Lawal nor the confirmation, or lack of it, of Ibrahim Magu was discussed in plenary. Both were handled by committees. For Magu, this was a clear deviation not only from established norm in the Senate but also from Section 2 (3) of the EFCC Act 2004 which provides that “the chairman and members of the Commission other than ex officious members shall be appointed by the president subject to the confirmation of the senate”.

Nonetheless, in response to the Senate’s position on Babachir Lawal and Ibrahim Magu, President Buhari directed the Attorney General of the Federation (AGF) to investigate the duo.

It would appear the AGF has turned in his report on the strength of which the President has now written the Senate. As would be seen, the letter in no way clears the SGF. It however raises question marks as to the work of the Senate Ad-hoc Committee particularly as it affects due process, fair hearing, Senate rules, the Constitution of the Federal Republic of Nigeria and of course the fact that out of a 9-member Ad-hoc Committee, only three signed the Committee interim report, thus raising question of consensus. This is not to talk of the fact that the Senate Ad-hoc Committee report is inconclusive insofar as it remains an interim report.

Nobody should get me wrong here please. I, too, am getting worried that President Buhari appears to be walking the path of President Shagari who was blind to the looting going on around him by his ministers and other principal officers. I am also worried that the President’s letter to the Senate has raised other profoundly disturbing questions. For one, Does the fact that the Senate Ad-hoc Committee did not give the SGF fair hearing automatically mean that the SGF is not culpable? Secondly, where is the AGF’s report of investigation upon which Mr. President wrote the Senate? Should the President sound judgmental in his letter to the Senate – as if he was looking for holes in the Ad-hoc Committee’s report? I think not.

I have always maintained that the SGF should have been suspended from office pending outcome of AGF investigation into the charges against him. I have written as much about this in an earlier piece titled "Time to Act Mr. President".

The point must be made however that the President's letter to the Senate is not without valid questions bothering on whether the Senate Ad-hoc Committee actually did a thorough investigation, or whether it was not influenced in some way. I am also concerned that the chairman of the committee, Senator Shehu Sanni, has become somewhat partisan judging from his recent comments.

Be that as it may, it is my opinion that Nigerians have not been fed a clear picture as far as this issues is concerned. That being so, I opine that the Senate Ad-hoc committee should be disbanded, reconstituted and charged to do a better job this time around and turn in its final report within the shortest time possible. While, the suggested new committee is at it, the SGF should step aside in the interim. He can of course always resume his duties if the Committee’s final report clears him.

Finally, the President should avail the Senate the full AGF’s report on Babachir Lawal and Ibrahim Magu. This is necessary for two reasons. It will dispel any fears that there are perhaps some things in the report which the Presidency does not want the Senate to know about. It will also clear any grey areas in respect of Magu, especially as DSS allegedly forwarded to the Senate two conflicting reports on him. This is particularly necessary given that Mr. President has re-nominated Magu for EFCC Chair. Forwarding the AGF report to the Senate, in my opinion, will clear some air for the Senate, erase any doubts in the minds of Nigerians while also upholding Mr. President’s integrity and anti-corruption stance.

(Premium Times)