Illegality In Investigative Panel Presidency Is Overlooking

By Kingsley Jones

The House of Representatives’ Ad-hoc Committee on need to
investigate the legality and modus operandi of the Special
Presidential Investigation Panel came out with damming report in
July 2018 faulting proprietary of the panel, panel’s account
statement and the qualification of the panel’s chairman, Okoi
Obono-Obla.

While serving as Acting President, Yemi Osinbajo on August 1st
2017, constituted the Okoi Obono-Obla-led Special Presidential
Investigation Panel on the Recovery of Public Property.

The Presidency said it relied on the powers conferred on it by
the Recovery of Public Property (Special Provisions) Act, 2004. The
law was originally Decree No 3, 1984 promulgated by the military
regime of General Muhammadu Buhari, but with a retroactive effect
from 31st December 1983.

But this panel which derives its root from a military decree
have been subjected to scrutiny with conclusion that it’s an
illegal body. Contrary to its provision that it shall work with
petitions from the President, the panel began by soliciting and
receiving petitions from members of the public and also invited
citizens to fill asset declaration forms, which is a constitutional
preserve of the Code of Conduct Bureau (CBB). While Section 153 of
the 1999 Constitution captures the CCB as a federal executive body,
the 5th Schedule to the Constitution provides greater details of
the acts amounting to a breach of the code of conduct of public
officers. It also established the Code of Conduct Tribunal.

Also, since the Code of Conduct and Tribunal Act came into
effect some eight years before the Recovery of Public Property
(Special Provisions) Act, the latter is deemed a spent law because
the functions specified by the Act to be performed through panels
established by the president are now performed by the Code of
Conduct Tribunal.

It has also been observed that the propriety of the panel’s
existence side by side with the Independent Corrupt Practices and
Other Related Offences Commission (ICPC) and the Economic and
Financial Crimes Commission (EFCC) are mere duplication of
functions and ballooning cost of governance.

Furthermore, there is no gazette backing the establishment of
the panel, just as there is also no provision for the panel in the
2017 Appropriation Act.

According to House of Representatives ad-hoc committee report,
the office of the Accountant General released to the Secretary to
the Government of the Federation (OSGF) the sum of N251, 355,000
for the take-off of the activities of the Special Investigation
Panel for the Recovery of Public Property (SPIP). The sum of
N500,000,000 was released to the office of the National Security
Adviser to set up Special Intervention fund to enable ICPC, EFCC
and SPIP have a common pool of funds to draw upon when their
statutory allocation is inadequate.

The ad-hoc committee however disclosed that following its
directive to the Auditor General for the Federation, the panel was
audited with mind bungling revelations.

It said contrary to the provisions of the Circular No.
SWC/S/04/S.310/105 dated June 10, 2010, the panel chairman (Okoi
Obono-Obla) paid himself honorarium of N600,000 monthly and
N500,000 monthly each to other members as against sitting allowance
of N50,000 and N40,000 monthly to chairman and each member per
month. This went on for six months before the.audit Besides, the
payment schedules also contained names of persons who are not
appointed members of the panel but enjoyed honorarium in
unregulated and unapproved sums of N8,185,000.

‘’It was observed that N4.2 million was budgeted for each of the
3 members of the panel to pay accommodation for 60 days at the rate
of N70,000/day totaling N12.6 million. Payments were also seen to
be made in this regards on PV/TP/OSGF/CG/ADV/297/2017 dated
20/12/2017 for two of the panel members who could not be identified
as their names were not stated in any of the hotel’s
correspondences obtained from retirement voucher
TP/OSGF/CA/ADV/20D18/2018. The stated documents reveal that the
members enjoyed accommodation at Rockview Hotels at a total cost of
N4.2 million for 30 days’’.

‘’The chairman and members of the panel were to be flying
business class air tickets at the expense of public funds despite
restrictions on such class of tickets in the public service for
appointees in their category. This was in defiance to an order by
the President vide Establishment Circular with ref no.
SGF/OP/1/S.3/X1756 dated 2/11/2016. Consequent to this, all claims
for travels made by air in classes other than economy does not
constitute a legitimate charge against public funds’’.

The panel members were also observed to have misrepresented
special imprest as advances. Policy of government such as e-payment
which ensures control and transparency in transaction, the
committee said was totally disregarded in virtually in all
transactions.

The Ad-hoc committee disclosed that it received a petition from
theHuman Rights Writers Association of Nigeria (HURIWA) against the
chairman of the panel, Okoi Obono Obla, including copies of the
statement of result which he was alleged to have used to gain
admission to study Law, adding that the committee sent them to the
West African Examination Council and University of Jos for
verification.

Mr Obono-Obla has said that some people were after him for
daring to investigate and expose assets hidden abroad by some
powerful people in the National Assembly. According to him, he is
not under any pressure to resign as the issue is currently in
court.

“The matter is in the Federal High Court, Abuja. It was filed
since June 2018 and the House of Representatives Committee was duly
served but they ignored the matter and went ahead to procure false
witnesses to give evidence behind me.

The ad-hoc committee however recommended that the Recovery of
Public Property (Special Provision) Act, Cap R4, Laws of the
Federation of Nigeria, 2004 be repealed; just as it urged the
President to dissolve the panel in view of the arbitrary use of
power and abuse of office by the chairman.

‘’The CCB should be strengthened to fill the gap that the panel
seek to fill in the current anti-corruption drive, just as it said
the ICPC should investigate the allegations of corruption contained
in the Audit report on the financial transactions of the panel by
the Auditor-General of the Federation and prosecute the
culprits.

‘’Mr President should discharge Obla of the responsibility as
Special Adviser and as chairman of the Special Presidential
Investigation Panel (SPIP)’’, Reps Ad-hoc committee stated.

The presidency has remained silent since July this year when the
Ad-hoc Committee of the House of Representatives released its
report. The presidency is carrying on as if nothing is amiss.

–Jones is a public affairs analyst based in Abuja.

Related