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Saturday 28 May 2011

EFCC set to quiz nine outgoing governors


                        EFCC set to quiz nine outgoing governors
The Economic and Financial Crimes Commission will next week interrogate at least four outgoing governors over the alleged misappropriation of funds in their respective states during their tenure.
 The governors included Otunba Gbenga Daniel of Ogun State; Chief Adebayo Alao-Akala of Oyo State; Chief Ikedi Ohakim (Imo State); and Alhaji Ibrahim Shekarau (Kano State).

Daniel, and Shekarau, the presidential candidate of the All Nigeria Peoples Party in the April polls, were in charge of Ogun and Kano for eight years, while Alao-Akala and Ohakim were in charge of Oyo and Imo respectively for four years each.

It was gathered that although the EFCC had commenced investigations into the allegations against the governors, it could not move against them earlier than Monday because of the immunity clause in the Nigerian Constitution.

The constitution confers immunity on certain categories of elected officers. This shields them from prosecution while they are in office.

Section 308 of the 1999 Constitution provides immunity from court proceedings, that is, proceedings that will compel the attendance of elected executive officers, namely the President and his deputy and the governors of the states and their deputies.

This immunity extends to acts done in their official capacities so that they are not responsible for acts done on behalf of the state.

However, this immunity does not extend to acts done in abuse of the powers of their office of which they are liable upon the expiration of their tenure.

With the expiration of their tenure on Sunday, it was gathered that the EFCC had concluded arrangements to invite the nine governors next week.


Sources close to the governors however stated that they would not run away because of the impending EFCC interrogation, as they knew that the judiciary would come to their aid.

A top official of the EFCC confirmed that during the week that some governors would be invited to answer questions relating to graft next week.

“Some of the governors will certainly be our guests next week after they might have finished their terms of office on Sunday,” the official said on the condition of anonymity because he said he didn’t want to jeopardise the ongoing investigations into the governors’ cases. “However, I’ll not be able to tell you the number and their names; I won’t say more than that but I know that some of them are coming over here.”

But  investigations showed that the anti-graft agency was probing Alao-Akala over alleged financial improprieties, particularly when he was governor after the impeachment of his former boss, Senator Rashidi Ladoja, as the Oyo State governor.

An EFCC source said the governor would be interrogated on various allegations raised by petitioners from the state, especially on the management of the Excess Crude Funds and state’s resources that amounted to about N8.2bn.

Apart from the governor, several of his aides, particularly the commissioners who served with him, would also be quizzed.



Alao-Akala is expected to provide explanations on the award of a contract on the publication of some books, as well as allegations of sundry internal corruption in his administration.

In the case of Daniel, he is being investigated for the alleged mismanagement and illegal deduction of local government funds.

In a petition submitted to the EFCC by a former chairman of the Ijebu-East Local Government Area, Mr. Tunde Oladunjoye, Daniel is alleged to have made illegal deductions from council funds that had crippled the activities of LG administration in the state.

Oladunjoye was the running mate to the Peoples Democratic Party governorship candidate in the April election, Brig.-Gen. Tunji Olurin (retd.).



The petition reads in part, “In June 2009, many local government chairmen wrote to the governor, asking him to pay the exact amount of their respective teachers’ salaries instead of the overbearing deductions on the pretext of teachers’ salaries.

“Worse still, the governor started giving equal allocations to the local government councils since November 2009, even when our allocations from FAAC are not equal.”

The governor had on Wednesday put the debt profile of the state at N49.2bn, which he said included cash liabilities of N26.4bn and contingent liabilities of N22.7bn.

Details of the petitions against Ohakim were not available at press time, but our correspondent gathered that the outgoing governor of Imo State would answer questions on contracts awarded by his administration.

Sources familiar with the massive investigations said, “Some of the former governors would be walking into Kirikiri (Prisons) soon to serve as a deterrent to their successors, who would be inaugurated on Sunday.”

A former Enugu State governor, Dr. Chimaroke Nnamani, appeared in court last Thursday over fresh allegations of fraud against him.

EFCC’s Head of Media and Publicity, Mr. Femi Babafemi confirmed that Nnamani was in custody at the commission’s headquarters, where he was being interrogated.

As for Daniel, Alao-Akala and five others, Babafemi said the new week would tell.

The EFCC said the latest set of governors were different from former governors, who already had pending cases against them.

The outgoing governors will join a growing list of past chief executives of the states who are being prosecuted for the financial crimes they committed while they were in office.

A former Ekiti State governor, Mr. Ayo Fayose, is facing corruption charges by the EFCC. Fayose, who was governor of Ekiti State from 2003 to 2006 before he was impeached, is facing a 51-count charge of corruption and embezzlement of N1.2bn of state funds at a Lagos High Court.

Fayose lost his bid to get into the Senate in the April elections.



The EFCC had listed him as well as seven other former governors in an advisory to the public on former governors facing corruption charges that were running for new political positions.

A former governor of Taraba State, Rev. Jolly Nyame, is facing allegations of embezzling N1.3bn of state funds.

The ex-governor is facing a 41-count charge of corruption and embezzlement. Nyame was defeated in his bid to return to power under the umbrella of the Action Congress of Nigeria.

A former governor of Sokoto State, Attahiru Bafarawa, and a presidential aspirant of the ACN, is facing prosecution by the EFCC on a 47-count charge of embezzling N15bn.

Joshua Dariye, who was a former governor of Plateau State, is listed in the EFCC advisory of former political office holders who have cases to answer.

Dariye is facing charges of stealing N700m of state funds. He lost his bid to represent the state in the Senate under the umbrella of the Labour Party.

His counterpart in Jigawa State, Alhaji Saminu Turaki, is also facing allegations of embezzling state funds to the tune of N36bn. Turaki, who represents Jigawa North-West in the Senate lost his re-election bid last April.

A former governor of Adamawa State, Alhaji Boni Haruna, like his colleagues, is being prosecuted by the EFCC for an alleged embezzlement of N250m.

The long list of former governors whose cases are in the court include James Ibori of Delta State and Lucky Igbinedion of Edo State.

Igbinedion is facing a 66-count charge of money laundering and illegal diversion of public funds amounting to about N3.2bn for personal use.

Although the commission has instituted cases against the former governors, no conviction has been obtained in any of them.

The outgoing governors, while reacting to the impending interrogation by the commission, said they were not nursing any fear.



The outgoing governor of Oyo State – Alao-Akala – said that he was not afraid of the EFCC or any other anti-graft agency.

He said that throughout his tenure, he ruled the state with the fear of God and he would not entertain any fear.

He made his position known recently while receiving a delegation of the state council of the Nigeria Union of Journalists led by its chairman, Mr. Gbenga Opadotun, who paid him a farewell visit in his office in Ibadan, the state capital.

He said, “Because I know that I don’t have any skeleton in my cupboard, I’m not afraid of investigations by the EFCC. I did not get myself involved in any shady deal because I have a name to protect. My name is an asset. It is good that I leave a good name for my children who will like to use the name in future. I won’t do anything that will tarnish the name.

“When I read a media report that I was being investigated over an N8bn deal, I laughed because such money will just make me mad.”



His Kano State counterpart, Mallam Ibrahim Shekarau, said that he was ready to honour an invitation from the EFCC to answer allegations of corruption charges against his administration.

Shekarau, who responded through his Special Assistant, Media and Public Relations, Mallam Sule Yau Sule, in a telephone interview with SATURDAY PUNCH, dismissed the planned invitation as speculations.

Sule said that his principal was not afraid to answer charges of corruption allegation against him or his government, recalling that this would not be the first time baseless allegations of corruption had been levelled against him.

He stated, “You know that this is not the first time His Excellency will be slandered with allegation charges and he has always weathered the storm. Before the 2007 general elections, he was invited for questioning by the EFCC on allegations of corruption. The opposition did this just to stop him from gunning for a second term. He went to Abuja to answer the charges and was cleared, and he won his second term bid. So, we’re used to all this.”

Sule said Shekarau offered a transparent and accountable leadership to Kano people and had completed his tenure.



Ogun State Governor, Daniel, expressed his readiness to face the anti-corruption agencies – the EFCC and the Independent Corrupt Practices Commission – if and when invited.

Daniel, who responded to SATURDAY PUNCH enquiries in a telephone interview through the Ogun State Commissioner for Information and Orientation, Mr. Sina Kawonise, stated his preparedness to face the agencies if the need arose.

“(Otunba Gbenga) Daniel has ruled the state with honesty and forthrightness in the last eight years. So, he has no skeleton in his cupboard. As a public office holder, he is not ignorant of the fact that at any point in time, one may be called upon for one questioning or the other.

“So, as the servant of the people, he is ever ready when such invitations become necessary, as he has served the state with honesty, diligence, prudence and to the best of his ability.”

He stated that as part of the effort of the administration at ensuring financial probity, the state governor had ensured the preparation of the state financial accounts in the last eight years.

“The governor has even directed that as many copies of the statement of accounts as possible should be printed so that everybody can have a copy and even urged that the copies should be distributed to EFCC, ICPC and other relevant agencies,” Kawonise said.



When contacted, the Imo State governor said he was not aware of any EFCC invitation.

Ohakim, who responded through his Chief Press Secretary, Mr. Henry Eke, told SATURDAY PUNCH on the telephone on Thursday that the report was a mere speculation.

“I’m not aware of that (the invitation). I have not been invited. However, when we get to the bridge, we will cross it,” the governor said. According to saturday punch.www.facebook.com/emmanuelsamuko

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