Osinbajo panel: Lawal, Oke know fate this week

.NIA DG’s action violates extant rule -Source

.Report of probe panel on NIA should not be made public – Akinyemi

Barring any unforeseen circumstances, President Muhammadu Buhari will this week determine the fate of the suspended Secretary to the Government of the Federation, Mr. Babachir Lawal and the suspended Director General of the National Intelligence Agency (NIA), Ambassador Ayo Oke.

A source close to the presidency disclosed the development to The Daily Times on Sunday night. He added that Buhari is eagerly awaiting the report of Vice President Yemi Osinbajo-led panel on Wednesday to take a decisive action on the matter.

Buhari had set up Osinbajo-led panel to probe the involvement of Lawal over the propriety of awards of contract under the Presidential Initiative for North East (PINE) and the Oke’s claim of ownership of about N13 billion cash recovered from a private home in Ikoyi, Lagos by the Economic and Financial Crimes Commission (EFCC).

But the presidential source, who sought anonymity because of the sensitive nature of the issues, disclosed that the president is ready to wield the big stick and punish errant officials who soiled their hands on the contentious issues.

According to him, once Osinbajo submits his report on Wednesday, the president will make a pronouncement that will serve as deterrent to those who think it will be business as usual.

The source said: “The president is angry about the two issues. And that is why he directed the Vice President to head the panel. You will recall that members have been sitting in camera to demonstrate the seriousness of the issues.

“And for those who have been speculating and sponsoring media report that the President is aware of the N13 billion cash, they should just wait for the outcome of the panel.

“It is amusing to read in certain media reports that the suspended NIA DG briefed the National Security Adviser (NSA) about the existence of the cash and the NSA reportedly informed the President.

“That claim does not make sense. Don’t forget that the NIA DG was quizzed for more than 10 hours on Monday and was subsequently grilled for another two hours on Tuesday. Relevant officials on the cash saga have also been quizzed and the panel is currently going through the documents and submission of concerned parties in order to take necessary action.

“All things being equal, the panel will submit its report to the President on Wednesday and he will take action before the week runs out.”

When reminded that certain privileged individuals are claiming that that the report on the cash should not be made public and NIA should not be unduly exposed because of its effect on the country’s intelligence gathering, the source debunked the claims.

He said: “We know those who are making the claims are not doing so for altruistic purpose. Oke and his officials know that they can’t keep such a huge government money in a private home without informing the president. They know that the action is against the extant rules. Nobody can hide under technicality and make spurious claims.

In any case, they are not part of the dramatis personae as what they are expressing are personal opinions.

On the fate of Babachir Lawal, the source said: “The suspended SGF was also quizzed for more than two hours when he appeared before the panel. Since the Senate will turn in its final report on Tuesday, the panel will have all the facts of the matter and decide accordingly.

“I can tell you that indicted government officials on the two issues will be severely dealt with as there is no hiding place for them”.

Meanwhile, four days to the court final ruling on the interim forfeiture order on the N13 billion cash by the Federal High Court in Lagos, the NIA and the Rivers State Government are yet to file applications against the court order.

Justice Muslim Hassan had fixed Friday, May 5 for his final pronouncement on the interim order, saying that if there is no application from any interested party on or before May 5, he would make a final pronouncement, forfeiting the said N13billion cash to the federal government.

The NIA DG and Rivers State Governor Nyesom Wike are laying claim to the humongous cash.

In a related development, a Lagos based-lawyer, Mr. Olukoya Ogungbeje, has asked the Federal High Court, Ikoyi, Lagos to stay proceedings in the suit seeking to forfeit the huge cash and foreign currencies found in F7B, Osborne Towers, 16, Osborne Road, Ikoyi.

He is also asking the court to disclose ownership of the money before any further action.
Ogungbeje, is seeking an order directing the Economic and Financial Crimes Commission (EFCC) to furnish the court with a report of its preliminary or final investigation on the source of the monies, the owner, and how the currencies got into the building.

He is also praying for an order compelling the EFCC, the Independent Corrupt Practices and other Related Offences Commission (ICPC) and the police to immediately begin a thorough investigation of the recovered monies.

Justice Hassan had ordered that the money be temporarily forfeited to the Federal Government until the owner shows up.

The judge directed EFCC to advertise the forfeiture order in a newspaper so that anybody who owns the money can claim it within 14 days.

But Ogungbeje, in a motion on notice, is praying for a stay of proceedings pending the outcome of the investigation panel headed by Osinbajo.

According to him, the court should not order a permanent forfeiture of the monies since there are claims and counter claims as to ownership by the Rivers State government and the National Intelligence Agency (NIA).

He said the EFCC has not produced any report on the sources of the monies, owners of the building and how the monies got there.

He said: “This Honourable Court has the inherent jurisdiction under Section 6 (6)(b) of the Constitution to order and direct thorough investigation on the sources of the monies, their owners, the owners of the Osborne Towers where the monies were found and how they got into the building.

“A thorough and transparent investigation of the monies will strengthen the anti-corruption crusade.
“Nigerians are interested in the sources, owners of the monies, owners of the building and how the monies got into Osborne Residential apartment.

In a supporting affidavit deposed to by Ogungbeje, the lawyer said it would be prejudicial for the court to order permanent forfeiture of the monies to the Federal Government while investigation is ongoing.

“It will be in the interest of justice if the EFCC, ICPC and the police being agencies created by law are ordered by this honourable court to conduct a thorough investigation into the sources, ownership of the monies and residential apartment where the monies were found and the circumstances under which the monies got into the building.

“The respondent will not be prejudiced by the grant of this application”, he added.

But a former Minister of External Affairs, Professor Bolaji Akinyemi, has said that the report of the probe panel on the NIA should not be made public for security reasons.

Akinyemi, who stated this in a statement made available on Sunday, listed what he considered as mistakes made by Buhari while setting up a panel to investigate the monies recovered by the EFCC
According to Akinyemi, Buhari should have appointed someone with a history or experience in the operations of NIA as part of the panel.

The statement reads in part: “When Oke stepped forward to claim it on the part of the National Intelligence Agency (NIA), alarm bells started to ring in my ears. It is one of the sacred traditions of the external intelligence trade to admit nothing and to deny nothing.

“A saving grace emerged when the president set up the Osinbajo panel to untangle the web over the millions of dollars. But the president inadvertently made a mistake.

“He did not appoint anyone with a history of external intelligence experience into the panel.

External Intelligence operations do not belong to the same security genre as domestic security forces such as the SSS, EFCC and the police.

“External intelligence officers, otherwise called spies, do not operate under the same operational penalties as domestic intelligence officers.

“Under no circumstances should the report of the panel in as far as it relates to the activities of the NIA be made public and no more leaks from the panel.”

He added that the exposure of the agency to the public could pose a serious threat to officers of the agency, saying that, “normally, foreign intelligence activities are shrouded in secrecy, and not in the glare of publicity.”

He also faulted the decision of the House of Representatives to get involved on the matter, saying that the action is laced with security implications.

He said: “What has motivated me at this late stage to issue this release is the news that the House has now decided to institute its own inquiry to this peculiar mess. This is a dangerous move.

“The ultimate penalty for a foreign spy in most countries is death. Countries go to incredible lengths to hide the identities of their agents both domestic and foreign and their operations. No receipts get issued. Budgets are called black budgets because they are never publicly acknowledged.

“Now, the whole saga has made us a laughing stock in the world. Nigerian agents strewn all across Africa are now in dread of being exposed. Recruiting agents in future in Africa is going to be difficult out of fear of future exposure.

Warning the lawmakers from dabbling into the matter, Akinyemi said: “Under no circumstances should the National Assembly be allowed to conduct hearings into the NIA affair. The Osinbajo panel Report could be shared secretly with the president of the Senate and the speaker of the House.

“Should any NIA officer be found culpable, he or she should be quietly eased out. Putting a foreign intelligence officer on trial in an open court is going to be disastrous to external national security interests.

“If there is no provision to put an intelligence officer on trial in a secret and special court, an executive bill should be sent to the National Assembly to make provision for such.

“Under no circumstances should one security agency be allowed to move against another security agency especially one dealing with foreign intelligence, without the express permission of the president or in his absence the acting president. This should be without any publicity or fanfare.”