Lawal, Oke: Osinbajo under fire over probe report

.Lawyers disagree on Acting President’s power to act on report

.Presidency keeps mum

Acting President Yemi Osinbajo (SAN) on Tuesday came under criticism over his silence in the implementation of the outcome of a probe panel on the suspended Secretary to the Government of the Federation (SGF), Engr. Babachir David Lawal and the Director General of the National Intelligence Agency (NIA), Ambassador Ayodele Oke.

Some analysts have alleged that the report might not see the light of the day, claiming that the two top government officials have been given a soft landing as they have been eased out quietly.

They also pointed out that the absence of President Muhammadu Buhari, who is now in London for medical treatment, has presented a perfect excuse for Osinbajo not to act on the matter since Buhari initiated the probe.

They further cited the delay in the swearing in of two ministers and 15 INEC Resident Electoral Commissioners (RECs) that were recently confirmed by the Senate to buttress their argument.

The situation was further compounded with the unusual silence from the Presidency over the outcome of the probe.
Certain analysts have also claimed that the silence being displayed by Osinbajo is giving rise to concerns that there might be problem with Osibanjo exercising his constitutional powers by virtue of Section 145 of the 1999 Constitution (as amended) which was activated by Buhari before his departure to London in May for medical treatment.

The Daily Times recalls that Osibanjo had prior to Buhari’s departure, submitted the report of the Presidential Panel of investigation on the two embattled members of his cabinet, which he (Osibanjo) chaired and was alleged by presidency sources to have been given the mandate to implement the recommendations of the panel to the letter.
But weeks after the report was submitted, Nigerians are yet to hear any news from the report, thereby leading to rumours and speculations on the matter.

Babachir was investigated for alleged violations of law and due process in the award of contracts to companies he is linked to under the Presidential Initiative on the North-East (PINE), which he headed, for the clearing of ‘invasive plant species’ (weeds) in Yobe State while Oke was investigated over the humongous N13 billion cash hauled from an apartment at Osborne Towers, Ikoyi, Lagos.

Though there are speculations that Osinbajo has been under pressure from lobbyists pleading that Lawal and Oke should be given a soft landing, a move that is said to have caused a divide in the cabinet.
But the presidential spokesman, Mr. Femi Adesina when speaking on the matter, assured that given the reputation of the members of the panel, Nigerians should expect “what is fair and just” from the report.

But two prominent lawyers, Chief Mike Ozekhome (SAN) and Mr. Femi Falana (SAN), have expressed divergent views on the propriety of Osinbajo acting on the outcome of report.

While Falana argued that it would be wrong for Osinbajo to act on a report in which he chaired, Ozekhome countered that the acting president had the power to act on the report by virtue of sections 5 and 145 of the constitution.

Ozekhome said: “I disagree with the view of Falana. Although, I had earlier criticised the format and template of the panel because like Nostradamus – the man who saw tomorrow, I had argued that Acting President Yemi Osinbajo, then Vice President of the Federal Republic of Nigeria, was too high then to head such a panel.

“I had wondered to whom the report would be submitted and I was later proved right when the substantive president went abroad on medical treatment while Osinbajo became the Acting President.

“However, it is not correct to say that the report cannot be presented to him because he chaired the panel. He was not the sole administrator of the panel, he has other soldiers among them is the Attorney General of the Federation and Minister of Justice, Abubakar Malami, the National Security Adviser General Mohammed Mongonu (rtd.). Any of the other two can present the report to Acting President Osinbajo because he is now Acting President under section 145 of the constitution of the Federal Republic of Nigeria, 1999 as amended.

“As Acting President, he can take all steps and all actions that the substantive president can take which derives from section 5 of the constitution and which derives from section 145 of the constitution.

“That means he can presides over all meetings, receives and dispatched ambassadors, appoints and swears -in ministers, presides over council meeting, presides over the council of state meeting. In fact, he can deploy the armed forces of Nigeria for an external war and he can also declare war as the Acting Commander-in-Chief of the armed forces with affirmation and concurrence of the Senate.

“There is nothing, there is no legal impediment, there is no constitutional lacuna that would now make such an important report to gather spider cobwebs. He can go ahead and act on the report.”

But Falana said: “Acting President Osinbajo cannot act on the report on the grounds that he cannot be a judge in his own case.

“This is a panel chaired by him with due respect and he cannot proceed to act on the outcome of the report. That will be wrong.

“He is not the initiator of the panel as President Buhari asked him to chair the panel and give his findings and recommendations accordingly.

“You will agree with me that only President Buhari can act on the report so as to remove any insinuations as the issues involved are serious matters.”

Falana’s view was also shared by a former Ekiti State Attorney General and Commissioner for Justice, Chief Makanjuola Esan (SAN).

According to Esan, the acting President cannot implement the report of the probe panel initiated by Buhari on Lawal and Oke.

He said: “I believe that having conducted an inquiry into the matter, the beauty was to report to President Buhari because he didn’t initiate the probe.

“President Buhari made him chairman. His duty was to report his findings to the president. But before the president could act on his findings, he traveled on medical leave.

“I would have blamed him if he’s the one that initiated the proceedings and failed to act on the matter. In view of the fact that he was merely appointed to head the panel, I can’t blame him for expecting Buhari to act on his recommendation.

“What the people expect is that the acting President will take decision on what he recommended that the president should do. It will not be proper to take decision on his recommendation.

However, an Abuja- based legal practitioner, Mr. Ben Okoh, aligned with the submission of Ozekhome, saying that Osinbajo can act on the report as it is a mere administrative panel and not a judicial inquiry.

According Okoh, the findings of the panel has no legal backing, saying that it will remain purely an administrative work until either a judicial inquiry is instituted or the suspects are charged to court.

He, however, said that a meaningful pressure cannot be mounted on Osinbajo to act on the report because administratively, he must submit the report to the constituting authority (President Buhari) and until that is done, the report of the committee will remain in abeyance.

Regarding the delay in the swearing in of ministers, Okoh said that legally speaking, Osinbajo has been empowered with the letter transmitted to the Senate by Buhari to perform all his functions including the appointments of ministers.

Meanwhile, efforts to get the reaction of the Presidency over the issues were unsuccessful at press time.
The spokesman to acting president, Mr. Laolu Akande, did not answer calls made to his phone just as he did not respond text messages sent to him at about 8:25pm on Tuesday.