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Sunday, 1 November 2015
Amaechi’s Confirmation: How Saraki Betrayed Himself
The Senate, after weeks of high wire politics, last Thursday confirmed the nomination of former Rivers State Governor, Rotimi Amaechi as minister, prompting a walk-out from the PDP senators. Is this confirmation what the Senate President needed to do to be in his party’s good books?
Like the proverbial cat with nine lives, former governor of Rivers State, Rotimi Amaechi survived another political battle as he was confirmed minister, after weeks of stalling and horse tradings.
Having fought many political battles, he will not forget this one in a hurry. Since the release of the ministerial list, Amaechi has been in the eye of the storm. The screening and confirmation of Amaechi has drawn applause and knocks.
Senate President Bukola Saraki was caught between the devil and the deep blue sea over Amaechi’s saga. On one hand, he was careful not to offend the Peoples Democratic Party (PDP) caucus in the Senate as they have been his backbone in the Senate.
His emergence as Senate President against his party’s wishes was due to the support of the opposition. The PDP has also shown support for Saraki in his ongoing trial at the code of conduct tribunal over alleged falsification of assets. They have accompanied him to the trial in large numbers.
On the other hand, Saraki was also trying to get into the good books of his party, the APC, as he has been at loggerheads with the party since his emergence as the Senate President. Nigerians waited patiently to see where the pendulum would swing and particularly, where Saraki’s loyalty lies.
It was also an opportunity for Saraki to show his leadership skills. According to reports, in the twilight of former President Goodluck Jonathan’s administration, his request for the confirmation of Senator Musiliu Obanikoro also met opposition from members of the then opposition APC who queried the role he played in the governorship elections in Osun State. Obanikoro was alleged to have used military men under his power as the minister of state for defence to the advantage of the then ruling PDP. However, Senate President in the 7th Assembly, David Mark stampeded the opposition and approved the nomination of Obanikoro .
Political watchers argued that Mark set a bad precedence in the Obanikoro saga and Saraki had no choice but to toe the same line, describing it as a classic case of what goes around, comes around.
The opposition to Amaechi’s confirmation started when Senator George Sekibo submitted a petition to the Senate against the screening of Amaechi which was referred to the Senate Committee on Ethics and Privileges for further legislative work.
Sekibo had in line with senate tradition, raised order 41 of the senate standing rules to make presentation of a petition from some of his constituents.
But the moment he mentioned that the petition written by a group called The Integrity Group from Rivers State was against Rotimi Amaechi, all the APC senators spontaneously tried to shout him down by shouting “No!, No!, Dead on arrival !etc. with their PDP counterparts, firing back by shouting allow him !, allow him! “
The fireworks between Senators across party divides over the petition continued when Saraki asked Sekibo whether issues raised in the petition against Amaechi are being litigated upon in the court or not?, to which the APC senators shouted yes, while the PDP senators shouted No!
He was eventually asked Sekibo to lay the petition before the Senate which forwarded it to the Senate Committee on Ethics, Privileges and Public Petition to look into it very critically and report back to the Senate.
The Integrity Group in the voluminous petition signed by one Livingstone Wechie, requested the Senate to reject the nomination of Rotimi Amaechi as a Minister on the grounds of alleged corruption, criminal breach of trust, unlawful enrichment and conversion of over N70billion Rivers Peoples Money when he served as Executive Governor of the State between 2007 and 2015.
According to the group, details of the N70billion allegedly stolen by Amaechi as Executive Governor of the State, have already been forwarded to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission and other related offences (ICPC) for the needed investigation and prosecution .
The group added that all efforts made so far to recover or get Amaechi to account for or explain to Rivers people, the whereabouts of the over N70billion allegedly embezzled by him, have been resisted with impunity.
They further said “ Our evidence and facts against Amaechi on afore stated allegations remain incontrovertible”.
After weeks of stalling, the Senate a week ago screened Amaechi. The report of the Senator Samuel Anyanwu-led committee was laid before the Upper Chambers but the content of the report was not considered before the screening of Amaechi began.
This decision irked senators of the opposition PDP, led by the minority leader, Godswill Akpabio, who subsequently announced their decision not to participate in the screening of Amaechi. Their decision came after the nominee had concluded his opening remarks.
Rising on Order 43, point of personal explanation, the minority leader said: “The PDP senators and the caucus seated here will not have any questions for the nominee because we have just received the report on allegations of corruption and such and do not know the content because it has not been considered.”
He then went further to ask if that was the general decision of the caucus, to which they responded in the affirmative.
Following his announcement, the Senate leader, Sen Mohammed Ali Ndume, citing Order 53, noted that though the usual practice was to distribute copies of reports of committees to senators to peruse and make contributions to, yesterday’s event was an exception since the report only had to do with a screening process and, as such, it is not compulsory to go through that process.
He then added, “I am glad you are not asking the nominee questions; so, as a former speaker and former governor, we can as well ask the nominee to take a bow and go.”
His statement was greeted with shouts from the opposition. Attempts by Senator Akpabio to rephrase his earlier statement was shouted down by members of his caucus who kept screaming ‘no, no’.
Senator Ndume then rose to further explain that his role as Senate leader made it his duty to “market” Amaechi to the senators, and added, “If you people that have been asked to ask questions don’t want to,” but he was cut off by angry voices protesting his reference to them as “you people.”
At this point, the Senate President intervened and urged the senators to respect the practice of asking former members of the legislature to take a bow. He asked them to give Amaechi “what we have always given to those in the legislative arm of government.”
Meanwhile, Amaechi denied that a government panel indicted him for corruption, saying the white paper released by the Rivers State government should be ignored.
He said, “I came here with a copy of the so-called panel report. There is nowhere that the panel indicted me; not the government white paper. I am ready to tender this report before the Senate. I was ready for the questions on it and I brought the panel report so the Senate can juxtapose it with the white paper.”
While responding to questions from senators, the former Rivers State governor and former speaker, Rivers State House of Assembly, said his fight for more allocation of resources to the Niger Delta was hinged on the belief that “the resources are in the Niger Delta and they should have their fair share of the resources.”
After much drama, the Senate on Thursday finally confirmed Amaechi. The tension-filled confirmation exercise commenced late afternoon after the legislators concluded the screening and confirmation of five commissioners and chairman of Independent National Electoral Commission (INEC) and finished a closed-door meeting.
After moving for the confirmation and getting approval for all 17 ministerial nominees, Saraki, asked the chairman of the Senate Committee on Ethics and Privileges to present his report on petitions against Chibuike Rotimi Amaechi.
After going through the report, the chairman of the committee, Sen Samuel Anyanwu (PDP, Imo), said the committee had come to the conclusion that the nomination of Amaechi as a minister of the Federal Republic of Nigeria should be rejected for being at variance with the rules of the Senate which says it must stay away from cases in court.
“Following the discovery that the matter before the Senate is already in a competent court of law, we are unable to recommend the confirmation; we recommend that the confirmation be suspended..”, he said. The report was signed by 7 out of 11 members.
Rising on Order 53 (7), Senate leader, Mohammed Ali Ndume (APC, Borno), moved that since the report said the case was in court, the Senate should suspend the report.
“Since the Senate will not work contrary to the court, I move that we should suspend any further action on the report”, he stated but his request was greeted with opposition.
Leader of the opposition in the Senate, Godswill Akpabio (PDP, Akwa Ibom), thereafter contended that since the report had been made available to the senators, the PDP caucus had decided to now contribute to the nomination and confirmation process of Amaechi.
“Because of the maturity of the Senate and sanctity of this Senate, you will recall that when the nominee appeared before us, I stood up and said we will only make comment when the report before us is formally presented.
“I move, in line with the agreement that was made, that the Senate allows us to make proper discussion on the report that was just laid”, he said.
After Saraki ruled that “as we already agreed, the comments that are going to be contributed will be contributed, then we will go back to the motion (Ndume’s)”, Senator George Sekibo (PDP, Rivers East), who presented the petition against Amaechi, requested the Senate to reject the nomination and confirmation of Amaechi.
Sekibo said, “We represent our people, and the Nigerian people we represent are the majority, too. The majority is not APC, the majority are the Nigerian people. The true judges are the Nigerian people. Those who are the real evaluators and judges are the Nigerian people.
“There are allegations of corruption, sale of government assets, allegations of fraud and, more importantly, the committee has done its work and has come with the report. Mr Senate President, there is no way any person here can amend a committee’s report; it is not a motion. There is no way a senator will read from the recommendation, and convert it and ask that it should be the recommendation. The Senate leader’s recommendation is not in our books.
“If we encourage corruption when Mr President is fighting against corruption, then we are not going to be helping President Buhari to fight corruption.”
This position was countered by Prof Olajide Omowoware (APC, Osun), who argued that any recommendation can be amended in the committee of the whole.
He added that the section of the constitution which the committee is relying on – that anyone who has been indicted by a judicial panel of enquiry or government white paper – does not apply anymore since it was expunged in the 4th alteration of the constitution done by the 6th Assembly.
He added that the constitution supersedes the rules of the National Assembly, while citing section 66 of the Constitution that the Senate shall not receive any petition on which a judicial decision is pending and another section that states that reference shall not been made on any judicial decision that is pending in such a way that the matter will be prejudiced.
“The committee should have told us that we have an obligation in the constitution; that we should not interfere with the case that is before a competent court,” the senator stated.
“If the constitution is at variance with the rules, the constitution will prevail. Even looking at the report, it says in recommendation that since the ministerial nominee has gone to the Court of Appeal to contest the decision of the court, we cannot decide on it.”
Omowoware argued further that “in view of the fact that what is being relied upon is no longer a part of our constitution – as it has been expunged by the 4th alteration of the 6th assembly – I hereby second the submission of the leader.”
His position was supported by Saraki who noted that the report of the committee was silent on the constitutional provision that was amended and one could only assume that the reason they were silent on that was because they concurred.
Responding, Sen Anyanwu said: “It is because the Senate cannot work against its extant rules to entertain any matter within the courts that they (the Senate) can’t even start with process of the nomination of the nominee.”
Speaking in support of Anyanwu, Senator Biodun Olujimi (PDP, Ekiti) warned that the Senate must not act in a way that will portray it as supporting corruption.
“From all indications, we are being shut out. There is a moral burden on not only this Senate but President Buhari that he is riding on a crest of corruption.
“There is a need to ensure that the court of law absolves him before we can confirm him in this Senate. I am insisting that the court of law clears him before this Senate clears him. The majority will have its way but Nigerians will know that this government is not ready to fight corruption.”
At this point, the session became rowdy and the PDP senators walked out of the chambers and subsequently addressed the press on their grievances.
Meanwhile, at the chamber, the process continued as Senator Barnabas Gemade (APC, Benue) moved for the rejection of the committee’s report, and for the confirmation of Amaechi.
“They believe their say has been truly said and now it is for the majority to have their way because democracy is about the majority. The chairman should put the question of the approval of the candidate, and, after that, put the question for confirmation,” he said.
Saraki then put the question that the report be rejected and, after getting the ayes, put the question that Amaechi be confirmed, which was also carried by the senators.
After all the said and done, Amaechi has become a minister against the odds even though it came at a price.
The Betrayal
A leading party member privy to these happenings noted that while the party felt a sense of relief that the threat to stop Amaechi was neutralised, it would not interfere with Saraki’s ongoing trial at the CCT.
He explained that even if the party was in a position to intervene, it would not, because doing so would send the wrong signals.
The high ranking party member, who spoke on condition of anonymity, explained that the matter had gone out of the hands of the party.
He said, “Already, the Appeal Court has taken a decision. The Senate President and his team of lawyers have taken the matter to the Supreme Court. Thus, for a party and a government serious about the rule of law, the least we can do is to allow the judicial process run its full course.
“If the party should say one word with respect to this issue at this point, it could be misinterpreted in ways that you cannot imagine.
“You may recall, President Muhammadu Buhari had said it over and over again that he would not spare even his party members if they were found guilty of corruption.
“Former President (Olusegun) Obasanjo received accolades from far and near when he did not spare (Adolphus) Wagbara, some senators and an Inspector-General of Police who served in his government in his (Obasanjo’s) anti-corruption war.
“What makes you think Buhari will be different? It won’t happen.”
Another top party member who is also close to the Presidency said Saraki’s CCT trial and the confirmation of ministers were two different issues.
According to him, one of the reasons why the Senate President confirmed all the ministers was to warm up the President.
He said, “Not confirming the ministers would have further deepened the gulf between the Senate President, and the President and Saraki doesn’t want that. He wants reconciliation. His trial and the confirmation are not the same thing. The President had told the whole world that he won’t interfere with the trial. How do you think people will react if Buhari now says because Saraki confirmed the ministers, the anti-corruption drive should stop. No one will take the President seriously again. Even, the Peoples Democratic Party will use it against us.”
Similarly, another APC chieftain from the South West told our correspondent that stopping Saraki’s CCT trial was out of question.
Speaking on condition of anonymity, he said, “How can ministerial screening solve all the problems Saraki created in the party? It is not acceptable. Moreover, the CCT trial is a different matter entirely.”
When contacted, the Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, said President Buhari did not have a problem with Saraki or any leader of the National Assembly.
He told one of our correspondents in a telephone interview that the President’s position that he was ready to work with the leadership of the National Assembly had not changed.
The presidential spokesman further explained that since the party had come out publicly to say there are no issues, the President, who is a loyal party man, also does not have anything against the lawmakers.
Shehu said, “President Muhammadu Buhari has said it from the beginning that he would work with the National Assembly leaders and he has been doing that. There are no issues between the President and the National Assembly leaders.
“If anybody wants to measure the temperature of the relationship between the National Assembly leaders and the party, such a person should go and read the statement the party’s spokesman issued at the end of the ministerial screening.
“The party said there is no friction and the party is one. The President is a loyal party man, he abides by the party’s position. There is no issue at all.”
However, loyalists of the embattled Senate President, Bukola Saraki, are still in shock over the Appeal Court ruling dismissing his case.
Some of the senators, further revealed to our correspondents that they were initially confident that the presidency would reciprocate Saraki’s gesture of confirming the ministerial nominees by working for the CCT charges against him to be dropped.
They, however, confirmed that efforts were ongoing to appeal to Buhari through some respected traditional rulers, religious leaders and the recently confirmed ministerial nominees.
According to them, the Senate President had reached out to more religious and elder statesmen in his bid to ensure that the matter was amicably resolved.
One of the pro-Saraki APC senators from the North Central geopolitical zone, lamented that the Appeal Court “still went ahead to deliver the judgment despite all moves undertaken by Saraki to ensure an out-of-court settlement of the matter.”
A leading member of the pro-Saraki Like Minds Senators, who also spoke on the condition of anonymity, expressed confidence that the Supreme Court verdict, when delivered, would be in favour of the Senate President.
He said, “As we talk, a lot of things are going on to resolve the issue. The Federal Executive Council, when constituted in a matter of days, will begin to take positive steps towards ensuring an out-of- court settlement of the matter because virtually all of them (members of the council) interacted freely with the Senate President in the last few weeks. We are optimistic that it will be resolved before the Supreme Court verdict.”
Meanwhile, Senators George Sekibo and Gershom Bassey, both of the PDP, told our correspondent that notwithstanding the ruling of the Appeal Court on Saraki’s case, loyalists of the Senate President in the upper chamber remained solidly behind him.
source: the punch
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