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$6bn Mambilla Scam: Release Agunloye Now, Soyinka Tells EFCC

Published

1 year ago

December 19, 2023

Eric

Nobel laureate, Prof. Wole Soyinka on Monday, demanded the immediate release of a former Minister of Power and Steel, Dr Olu Agunloye by the Economic and Financial Crimes Commission (EFCC) over the alleged $6 billion Mambilla Hydro Power project scam.

The EFCC had declared Agunloye wanted over the $6 billion Mambilla Hydro Power project, and later took him into custody when he showed up at the agency’s office.

Soyinka, in a statement on Monday titled: “In Pursuit of Justice, Productivity, under the Rule of Law,” called on the EFCC to release Agunloye or detain all those directly or indirectly implicated in that Mambilla fiasco.

“In the meantime, the EFCC should release all its prisoners or, in the alternative, equally arrest and detain all those involved in this mammoth scam that has deprived the “GIANT OF AFRICA” the basic survival facility for a twenty-first-century society. One chicken in the coop is a travesty of justice and a deplorable lack of nerve.

“Release Agunloye, or detain all those directly or indirectly implicated in that fiasco. The preening and posturing of EFCC has served its purpose, it is time to now divert it to a productive end – bringing closure on the one hand, and also opening up new channels of productive fulfillment for a stressed and distressed nation,” Soyinka demanded.

According to Soyinka, the immediate provocation for these reflections is ongoing predicament of a former Minister of Power, Agunloye, currently detained by the EFCC, in total contempt of sense and justice, or indeed, basic humane considerations.

“We shall not go into the merit or demerits of the charges raised against him over a 16-year-old project that bears the name Mambilla. – that is the business of the law courts. Our concern at this moment is however only partially on the basis of individual Fundamental Human Rights.

“Most fortuitously, the detention of any former public servant under circumstances such as Agunloye also provokes the question: how is public interest – such as the pursuit of justice – served by such an arbitrary exercise of power?

“Before the now familiar carping, let me state that this is not the first time I have personally intervened in the high-handed and illegal conduct of the EFCC. All the way back to its inception, and public enthusiasm over its mission, I have had cause to use every means to promote and facilitate the success of that mission, while at the same time insisting on the organization’s operation under the law and citizen entitlement,” he stated.

Soyinka said his personal relations with the EFCC included placing the civic organization in which he is involved in an active relationship with that corruption-fighting agency, even to the existence of an MOU of collaboration.

He said from the time when intoxicated by righteous zeal, the EFCC in its early years attacked the home and offices of a businessman with a bulldozer, destroying and carrying off valuable equipment, he tackled its then director and demanded civilized usage in opposition to brute force.

The Nobel laureate added that it was this that impelled him to facilitate bringing to Nigeria President Kagame of Rwanda to lecture on how he tackled a deep-seated corruption culture among public servants.

“That was effected in the context of a conference on that very theme at the dedication of new offices of EFCC. I have never hidden my commitment to the operations of any corruption-fighting agency, including EFCC’s predecessor, the ICPC.

“Those credentials are stated to forestall any time-wasting and distracting interventions – let us now get down to immediate, and nation affective missteps by that same EFCC. The resort to “Trial or Smear by Media” of the most sensationalist kind, launched against the person of Dr. Olu Agunloye is unworthy and reprehensible.

“Most critically – and I want both governance and citizenry to understand this – it is counterproductive. It inhibits genuine inclination by proficient citizens for public service. That is a lamentable obstacle on the way to any nation’s development,” he said.

Soyinka added: “WANTED? Just what is that? Olu Agunloye has pursued his movements openly to the extent of being present and photographed at my sister’s funeral on December 8. He did not appear in disguise, did not sneak in and out. He functioned as any normal human being at an event at which the Press was present.

“Less than thirty-six hours later, he was declared WANTED: If that was an EFCC joke, it was in extremely bad taste, obviously designed for Social Media sensationalism, not for any serious crime-solving commitment.

“Nonetheless, Agunloye, as a dutiful citizen, issued a statement on his visibility and ready compliance. He promised to show up at the EFCC offices in Abuja the following day. He appeared, and was promptly arrested and detained.

“The information I have been able to obtain during the past two days of my return to the country is that the Head of the EFCC declared that he would release him only on the instructions of the President of the Nation.”

Soyinka asked: “True or false? I am not in the game of “He said, I said”. What matters is the murky exercise of power. I have had cause to intervene before this, all the way from Are, through Ribadu and Magu, that last until he stopped taking my calls. The present however transcends all other interventions, as it involves certain issues of national interest, in tandem with the evident issues of fundamental citizen rights.

“Put succinctly, I wish to claim that finally, after so many years of frustration, the nation is being offered an opportunity to put the Mambilla Project to rest, be it through terminal abandonment or resuscitation, corralling its lessons in fulfilling one of the most basic conditions for national industrial development with private creative input – addressing frontally and holistically the basic question of sustainable supply of power.

“In addition – and I concede that this is a personal, yet national concern. We stand a chance to finally solve a nation’s high-profile murder case, this being none other than that of Bola Ige, also prior minister of Power under President Olusegun Obasanjo.

“Let this be understood. The murder of Bola Ige, plus a monumental act of sabotage that took place under Ige’s watch, involving the loss of some engineers, was linked to massive corruption that underlay the Mambilla collapse.”

According to Soyinka, it is time to end the deception, the cynical cover-ups, the blame passing, the diversionary utterances, and the now open admission of corporate corruption with high reaches of power.

He called for a non-partisan Commission that would sit in public, take evidence, ask questions, and cross-examine witnesses over even one year if necessary.

“After all, this massive failure has gone on for nearly two decades. We can spare one more year, surely to lay bare the ugly face of Truth, then let the public do what it will with the revelations. The cycle of self-deception has gone on far enough. Let the two legislative chambers take the bull by the horns to end the charade, cut our losses, and move on,” he said.

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Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers

Published

21 hours ago

March 20, 2025

Eric

A human rights lawyer, Mr. Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the Rivers State House of Assembly for a period of six months.

In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.

He, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.

The learned silk said: “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

Below is the full statement

ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA

The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.

But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”

Thus, in accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.

And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.

It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:

“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”

In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!

However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.

In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.

In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.

In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.

To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.

In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”

Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, 1999 as amended.

Femi Falana SAN

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Vehicles Burnt, Motorists Feared Dead in Abuja Tanker Explosion

Published

1 day ago

March 20, 2025

Eric

Several vehicles were razed on Wednesday when a petrol-laden tanker exploded on Karu Bridge, along the Abuja-Nyanya-Keffi Road in the Federal Capital Territory (FCT), resulting in a massive fire.

The fire destroyed at least 30 vehicles and prompted a significant emergency response. Some motorists were also feared dead in the fire.

The explosion occurred when the tanker, carrying petrol lost control and crashed on the bridge, leading to a fire that spread rapidly to nearby vehicles.

Reports said the scene of the accident was chaotic as motorists and passengers attempted to flee the area to avoid the advancing flames.

A heavy presence of military personnel and emergency responders was seen at the scene.

The first responders were spotted working diligently to control the situation, manage the movement of people, and ensure public safety.

Security officials have cordoned off the affected area, directing traffic away from the scene to facilitate the operations of firefighting teams and medical personnel.

As of the time of this report, the exact number of casualties had yet to be ascertained. However, there are fears of multiple casualties, and rescue operations were ongoing last night.

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Atiku Condemns Tinubu’s Emergency Rule Declaration in Rivers, Says It’s ‘Political Manipulation’

Published

2 days ago

March 18, 2025

Eric

Former Vice President Atiku Abubakar has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, labeling it as “political manipulation and outright bad faith.”

Atiku criticized Tinubu for being a “vested partisan actor” in the crisis and accused him of negligence in preventing its escalation.

Atiku said the security breaches and destruction of national infrastructure in Rivers are directly the President’s responsibility.

He argued that Tinubu’s administration has enabled chaos in the Niger Delta, reversing years of progress achieved under late President Umaru Yar’Adua.

His words: “The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith. Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers.

“His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful. Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.

“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent. It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua.

“Years of progress have been recklessly erased in pursuit of selfish political calculations. If federal infrastructure in Rivers has been compromised, the President bears full responsibility.”

Source: Politicsnigeria