Farouk Lawan: FG’s case or Nigerians’ case?

Festus Keyamo and Farouk LawanOutspoken member of the House of Representatives, Farouk Lawan, got into problem with Nigerians when it was discovered that he received a bribe from a businessman, Femi Otedola, to doctor the report of the House Committee that probed the fuel subsidy regime of the government. Despite calls from Nigerians that justice must be done in the matter, government appeared to be lethargic about prosecuting Lawan, until Festus Keyamo’s intervention. STEPHEN GBADAMOSI writes on the renewed interest of Nigerians in this matter and efforts that finally got Lawan docked. THE Nigerian legal system has been in the eye of the storm in recent months. In some cases, judges’ integrity are called to question. In others, other stakeholders, particularly, the executive, are found wanting. One of such issues that sparked contronversies is the Farouk Lawan and Femi Otedola bribery saga and the alleged refusal of the Presidency, via the Ministry of Justice and the Office of the Attorney-General of the Federation (AGF), to charge former chairman, House of Assembly Committee on Finance, Honourable Lawan, to court over allegation of bribe-taking. In the wake of the crisis that engulfed the nation in January 2012 over fuel price hike, the House of Representatives had raised the ad hoc committee headed by Lawan to probe the fuel subsidy regime. It was in the process of the committee discharging its duties that the bribery scandal reared its head. The alleged giver of the bribe, Mr. Otedola, claimed that he gave the money in a sting operation as directed by security agencies, many Nigerians were unconvinced that criminality had taken place. Lawan’s case seems to have been compounded by the fact that he initially denied receiving bribe from Otedola, only for him to later own up. It is about a year now that the matter has dragged on and it appears that Nigerians are no longer patient over it. Nigerians’ anxiety stemmed from their disappointment with the judicial system. Many have argued that the country has a penchant for sweeping cases such as this under the carpet. There have also been allegations that the Minister of Justice and Attorney-General of the Federation, Mohammed Bello Adoke, has been frustrating efforts to begin the trial of Lawan as investigators are said to have concluded their job. It was in the light of this that Lagos lawyer, Mr. Festus Keyamo, came out last week to give the Federal Government an ultimatum to drag Lawan before a court of law. Keyamo made it clear that he would be interested in prosecuting Lawan himself, if the Federal Government fails to do so. It would appear that Keyamo was acting as a conscience of the nation like the late Gani Fawehinmi. The matter over Lawan’s alleged bribery had barely been brought to public notice again when another case of corruption got many Nigerians crying blue murder. An Abuja Federal High Court had sentenced Mr John Yakubu Yusufu to two years imprisonment with an option of N750,000 fine after pleading guilty to charges of embezzling N23.3 billion. Apart from the fact that the ruling has attracted public protest, notable individuals and organisations have taken government, particularly the justice system, to the cleaners over the development. Last Tuesday, a non-governmental organisation (NGO) and human rights group, Access to Justice (AJ), issued a statement through its director, Joseph Oteh, affirming that the judgment rubbished the Federal Government’s avowed fight against corruption. “It only undermines the struggle against corruption and shows Nigerians what long, rough road still lies ahead to get critical role players committed to the vision of stamping out corruption from public life. “The sentence passed on a defendant, who confessed stealing pension money meant for retired officers of the police force, is so grossly disproportionate to the gravity of the harm the defendant has caused hundreds of thousands of people who look to their meager pensions as their means of sustenance after many years of toil and service,” Otteh said. Yusufu has since been reportedly re-arrested by the Economic and Financial Crimes Commission (EFCC) for retrial, while Nigerians await the outcome of the fresh move. To many Nigerians, it is in the context of Otteh’s reference to the purported fight against corruption that Keyamo’s stand can be understood. But can the fiery lawyer lift the fingers of the AGF to deal with the case of Lawan? The late Fawehinmi had handled similar cases in his lifetime. However, not all of them witnessed the desired ends, due to what some people call ‘the Nigerian factor.’ In 1999 when Senator Bola Tinubu was governor of Lagos State, Fawehinmi instituted criminal case against him. He was reported to have demanded investigation of criminal allegations of falsification of statement/declaration and documents/certificates against the former governor. Despite Chief Fawehinmi’s doggedness at the time the Supreme Court held that though the governor could be investigated, he could not be prosecuted as a result of the immunity he enjoyed under Section 308 of the 1999 Constitution. Many Nigerians have also not forgotten that thereafter, after the death of Chief Fawehinmi, a citizen of Lagos State, Dr Adegbola Dominic, sought to reopen the case against Tinubu by petitioning the Inspector General of Police (IGP) to investigate the former governor, but some legal impediments also stalled his actions. Reports have it that the late Fawehinmi had hand in many cases involving public office holders, among which were; Dele Giwa vs. Adewusi in 1982; Gani Fawehinmi vs Ibrahim Babangida and others in 1992; and in 1993, Gani Fawehinmi vs Shonekan, which was about constitutionality or otherwise of the Interim National Government (ING) headed by Shonekan. There was also Gani Fawehinmi vs Sani Abacha over the issue of declaration of assets by public office holders, in 1994. However, the fiery lawyer, despite all his fight against corruption, ended up being persecuted many times allegedly by the powers-that-be. All these, however, do not seem to bother Keyamo. His ultimatum to the Federal Government to begin trial of Lawan was to expire last Thursday, before it was learnt that the government had run before a High Court in the Federal Capital Territory (FCT) to file action. Keyamo, who spoke with Sunday Tribune on the same Thursday, recalled that the same section of the law that the late Fawehinmi applied when he was fighting the government of General Ibrahim Babangida over the mysterious death of ace journalist, Mr Dele Giwa, was the one he relied upon. “Section 342 of the Criminal Procedure Act is the same section Gani Fawehinmi used in the case, Gani Fawehinmi vs Hakilu when he was pursuing the case of the death of Dele Giwa. That section says that if a private person has gathered enough information that somebody has committed a crime, he will go to the office of the Attorney-General with the charge and explain that you have evidence that somebody has committed crime somewhere. This is the charge sheet; this is the proof of evidence I have. You would give the deadline within which it should indicate if it is ready to proceed with the case or not, having been given the details of the case. If it is not ready to go on with the case, the law would allow you as a private person to apply to court for a mandamus to allow you to go on with the case yourself,” he explained. Accordingly, hearing of the seven-count charge against Lawan and the secretary of the committee he headed, Mr Boniface Emenalo, before Justice Mudashru Oniyangi of the High Court began on Friday at the instance of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). In the end, he was remand in prison pending when his bail application would be entertained on Friday. It is hoped the system is getting it right this time. And Nigerians are waiting if their cry for justice will bear positive fruits this time round.