Nduka Enweliku has written a petition to Senator Bukola Saraki,
the President of the Nigerian Senate on what he tags as THE
DELIBERATE SINFUL SILENCE OF THE SENATE UNDER SENATOR SARAKI’S
LEADERSHIP IN THE FACE OF THE MONUMENTAL CORRUPTION IN THE NIGERIAN
NATIONAL PETROLEUM CORPORATION AND THE MINISTRY OF PETROLEUM
RESOURCES.
The petition which was dated the 23rd January, 2018, drew the
attention of the Senate President to the silence of the Senate and
its Committees in the face of the monumental corruption going on in
the NNPC. The letter was said to be as a result of the recent
happenings in the petroleum sector and the role played by various
actors which include the Senate of the Federal Republic of Nigeria,
President Muhammadu Buhari who is also the Minister of Petroleum
Resources, Dr. Ibe Kachikwu, the Minister of State for Petroleum
Resources and Dr. Maikanti Baru, the Group Managing Director (GMD)
of the State-owned oil company, the Nigerian National Petroleum
Corporation hereinafter referred to as “the NNPC.” Issues raised
were itemized as follows: The compromise by the Senate joint
Committee on Petroleum Resources comprising the Committees on
Petroleum (Downstream), Upstream and Gas led by Senators Kabiru
Marafa, Albert Bassey Akpan, and Tayo Alaosoadura respectively of
its Investigations into the N10 Trillion fraudulent petrol subsidy
regime perpetrated by the NNPC from 2006 till date; the failure of
the Senate Ad Hoc Committee headed by Senator Aliyu Magatakarda
Wamakko to investigate allegations of corruption in the NNPC raised
by Dr. Ibe Kachikwu, the Minister of State, Petroleum Resources in
his leaked letter to the President dated 30th August, 2017; the
compromise by the Senate Committee on Petroleum (Downstream) led by
Senator Kabiru Marafa of its investigations into the remote causes
of the scarcity of petroleum products including the resurgence of
illegal payments of subsidy by the NNPC to itself; and the
acquiescence of the Senate to the unconstitutional appointment by
the President of himself as the Minister of Petroleum Resources
which has led to perennial crisis and monumental corruption in the
petroleum sector.
Nduka Enweliku reminded the Senate President that during Plenary
on the 28th of February 2017, while raising a Point of Order,
Senator Dino Melaye drew the attention of the Senate to the refusal
of the Federal Government to probe the NNPC which he said got about
51 percent of the subsidy payments paid from 1999 till date as it
is the major importer of petroleum products. Furthermore, he drew
the attention of the Senate to the fact that oil marketers, most of
whom were facing trial for subsidy fraud constitute just 49 percent
of those who import refined products while NNPC is responsible for
about 51 percent. While the marketers collected about N3. 83
Trillion, the NNPC collected about N5.1 Trillion, and curiously
this has never been investigated.
In response to this Point of Order, the Senate mandated a Joint
Committee, comprising the Senate Committees on Petroleum
(Downstream), Petroleum (Upstream) and Gas to investigate the issue
of Petrol Subsidy fraud holistically. Nduka Enweliku also stated
that he is also aware that immediately thereafter, the Co-Chairmen
of this Joint Committee, Senators Kabiru Marafa, Albert Bassey
Akpan and Tayo Alaosoadura while addressing the Press on the 4th of
March, 2017 even stated that the entire monies claimed as subsidy
was over N10 Trillion. Senator Kabiru Marafa who read a prepared
speech on behalf of the others promised to investigate the subsidy
regime as well as the activities of the NNPC since 2006 including
the revenues generated by NNPC from its commercial activities and
the sale of the 445, 000 Barrels of Crude Oil allocated to it
daily. According to him, they even stated that they have invited
former and present Executives of the NNPC as well as Local and
International Oil companies to appear before the Committee with
relevant documents and other information at their disposal.
He noted however, that surprisingly Nigerians have not heard
anything about this Committee till date. They never sat, and never
bothered to carry out the Investigative task given to them by the
Distinguished Senate. Reports in the media indicate that the
Committee could not take off because some Northern Senators did not
want the probe to extend to the Umaru Yar’adua regime; for Late
President Yar’adua who was also the Minister of Petroleum between
2007 and 2010 being from Katsina State, the home state of President
Muhammadu Buhari was deemed untouchable even in death by these
Senators and other external interests in the Executive who do not
want any stain to his legacy.
On the second item, he reminded the Senate President of the
national uproar generated by the weighty allegations of corruption
levelled against the GMD of NNPC by Dr. Ibe Kachikwu, the Minister
of State for Petroleum in his letter dated 30thAugust, 2017
addressed to the President which was leaked; and the resolution of
the Senate after extensive deliberations to set up an Ad Hoc
Committee to investigate the weighty allegations raised in Dr. Ibe
Kachikwu’s letter. This Committee which was headed by Senator Aliyu
Magatakarda Wamakko was expected to submit their report in four
weeks, but it is very disheartening that there is no record of the
work of this Committee till date. They never held any public or
private hearing. According to him, they never interrogated the
issues raised by Dr. Ibe Kachikwu in his letter, as well as the
response of the GMD of the NNPC. This situation portends great
danger for the Rule of Law, as well as the general wellbeing of our
economy which depends mainly on oil exports with its attendant
effects on the people of this great Nation. Nduka Enweliku also
stated that interference by the Presidency scuttled the
investigation.
On the acquiescence of the Senate to the unconstitutional
appointment by the President of himself as the Minister of
Petroleum Resources which has led to perennial crisis and
monumental corruption in the petroleum sector as stated by him, he
gave reasons why he believes that the appointment is
unconstitutional whilst stating issues arising from the fact of the
President functioning as President and Minister of Petroleum
Resources at the same time.
According to him, the President’s appointment of himself as the
Minister of Petroleum Resources is a throwback to the era of
Military Rule in Nigeria when the Military Head of State appointed
himself as a Minister, and has no basis under this present
dispensation of constitutional democracy being practiced since 29th
May, 1999 based on Sections 5, 138, 147, 148 and 149 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The President’s appointment of himself as the Minister of Petroleum
Resources of the Government of the Federation offends the mandatory
provision of Section 138 of the Constitution which states clearly
that the President shall not, during his tenure of office, hold any
other executive office or paid employment in any capacity
whatsoever. Also, the President’s appointment of himself to the
office of Minister of the Government of the Federation was done
without forwarding his nomination as a Minister to the Senate which
made it impossible to screen or confirm the President as a Minister
by the Senate which clearly offends the mandatory provision of
Section 147(2) of the Constitution. Furthermore, the President did
not subscribe to the Oath of Allegiance and the Oath of Office for
the due execution of the duties of his office as a Minister which
is a mandatory prerequisite before the assumption of the office of
a Minister of the Government of the Federation as provided in
Section 149 of the Constitution. This Oath of Office which is
titled: Oath of Office of Vice-President, Deputy Governor,
Minister, Commissioner or Special Adviser is markedly different
from the Oath of the office of the President which he took and
subscribed to on the 29th of May, 2015 when he assumed the office
of the President, Federal Republic of Nigeria which is titled: Oath
of Office of President. He concluded by stating that the
President’s appointment of himself as the Minister of Petroleum
Resources is an abuse of his powers as President of the Federal
Republic of Nigeria. He therefore calls on the Senate to wake up to
its constitutional responsibilities.
TheNigerialawyer recalls that Nduka Enweliku has also written
two petitions to Nigerian Communications Commission asking same to
refuse the bid by Globacom and Airtel to buy 9mobile because of the
anti-competitive effect it would have on the telecommunications
sector; and the Securities and Exchange Commission requesting a
break up Dangote Cement Plc in order to promote competition in the
cement sector and the Nigerian stock market
Nduka Enweliku has written a petition to Senator Bukola Saraki,
the President of the Nigerian Senate on what he tags as THE
DELIBERATE SINFUL SILENCE OF THE SENATE UNDER SENATOR SARAKI’S
LEADERSHIP IN THE FACE OF THE MONUMENTAL CORRUPTION IN THE NIGERIAN
NATIONAL PETROLEUM CORPORATION AND THE MINISTRY OF PETROLEUM
RESOURCES.
The petition which was dated the 23rd January, 2018, drew the
attention of the Senate President to the silence of the Senate and
its Committees in the face of the monumental corruption going on in
the NNPC. The letter was said to be as a result of the recent
happenings in the petroleum sector and the role played by various
actors which include the Senate of the Federal Republic of Nigeria,
President Muhammadu Buhari who is also the Minister of Petroleum
Resources, Dr. Ibe Kachikwu, the Minister of State for Petroleum
Resources and Dr. Maikanti Baru, the Group Managing Director (GMD)
of the State-owned oil company, the Nigerian National Petroleum
Corporation hereinafter referred to as “the NNPC.” Issues raised
were itemized as follows: The compromise by the Senate joint
Committee on Petroleum Resources comprising the Committees on
Petroleum (Downstream), Upstream and Gas led by Senators Kabiru
Marafa, Albert Bassey Akpan, and Tayo Alaosoadura respectively of
its Investigations into the N10 Trillion fraudulent petrol subsidy
regime perpetrated by the NNPC from 2006 till date; the failure of
the Senate Ad Hoc Committee headed by Senator Aliyu Magatakarda
Wamakko to investigate allegations of corruption in the NNPC raised
by Dr. Ibe Kachikwu, the Minister of State, Petroleum Resources in
his leaked letter to the President dated 30th August, 2017; the
compromise by the Senate Committee on Petroleum (Downstream) led by
Senator Kabiru Marafa of its investigations into the remote causes
of the scarcity of petroleum products including the resurgence of
illegal payments of subsidy by the NNPC to itself; and the
acquiescence of the Senate to the unconstitutional appointment by
the President of himself as the Minister of Petroleum Resources
which has led to perennial crisis and monumental corruption in the
petroleum sector.
Nduka Enweliku reminded the Senate President that during Plenary
on the 28th of February 2017, while raising a Point of Order,
Senator Dino Melaye drew the attention of the Senate to the refusal
of the Federal Government to probe the NNPC which he said got about
51 percent of the subsidy payments paid from 1999 till date as it
is the major importer of petroleum products. Furthermore, he drew
the attention of the Senate to the fact that oil marketers, most of
whom were facing trial for subsidy fraud constitute just 49 percent
of those who import refined products while NNPC is responsible for
about 51 percent. While the marketers collected about N3. 83
Trillion, the NNPC collected about N5.1 Trillion, and curiously
this has never been investigated.
In response to this Point of Order, the Senate mandated a Joint
Committee, comprising the Senate Committees on Petroleum
(Downstream), Petroleum (Upstream) and Gas to investigate the issue
of Petrol Subsidy fraud holistically. Nduka Enweliku also stated
that he is also aware that immediately thereafter, the Co-Chairmen
of this Joint Committee, Senators Kabiru Marafa, Albert Bassey
Akpan and Tayo Alaosoadura while addressing the Press on the 4th of
March, 2017 even stated that the entire monies claimed as subsidy
was over N10 Trillion. Senator Kabiru Marafa who read a prepared
speech on behalf of the others promised to investigate the subsidy
regime as well as the activities of the NNPC since 2006 including
the revenues generated by NNPC from its commercial activities and
the sale of the 445, 000 Barrels of Crude Oil allocated to it
daily. According to him, they even stated that they have invited
former and present Executives of the NNPC as well as Local and
International Oil companies to appear before the Committee with
relevant documents and other information at their disposal.
He noted however, that surprisingly Nigerians have not heard
anything about this Committee till date. They never sat, and never
bothered to carry out the Investigative task given to them by the
Distinguished Senate. Reports in the media indicate that the
Committee could not take off because some Northern Senators did not
want the probe to extend to the Umaru Yar’adua regime; for Late
President Yar’adua who was also the Minister of Petroleum between
2007 and 2010 being from Katsina State, the home state of President
Muhammadu Buhari was deemed untouchable even in death by these
Senators and other external interests in the Executive who do not
want any stain to his legacy.
On the second item, he reminded the Senate President of the
national uproar generated by the weighty allegations of corruption
levelled against the GMD of NNPC by Dr. Ibe Kachikwu, the Minister
of State for Petroleum in his letter dated 30thAugust, 2017
addressed to the President which was leaked; and the resolution of
the Senate after extensive deliberations to set up an Ad Hoc
Committee to investigate the weighty allegations raised in Dr. Ibe
Kachikwu’s letter. This Committee which was headed by Senator Aliyu
Magatakarda Wamakko was expected to submit their report in four
weeks, but it is very disheartening that there is no record of the
work of this Committee till date. They never held any public or
private hearing. According to him, they never interrogated the
issues raised by Dr. Ibe Kachikwu in his letter, as well as the
response of the GMD of the NNPC. This situation portends great
danger for the Rule of Law, as well as the general wellbeing of our
economy which depends mainly on oil exports with its attendant
effects on the people of this great Nation. Nduka Enweliku also
stated that interference by the Presidency scuttled the
investigation.
On the acquiescence of the Senate to the unconstitutional
appointment by the President of himself as the Minister of
Petroleum Resources which has led to perennial crisis and
monumental corruption in the petroleum sector as stated by him, he
gave reasons why he believes that the appointment is
unconstitutional whilst stating issues arising from the fact of the
President functioning as President and Minister of Petroleum
Resources at the same time.
According to him, the President’s appointment of himself as the
Minister of Petroleum Resources is a throwback to the era of
Military Rule in Nigeria when the Military Head of State appointed
himself as a Minister, and has no basis under this present
dispensation of constitutional democracy being practiced since 29th
May, 1999 based on Sections 5, 138, 147, 148 and 149 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The President’s appointment of himself as the Minister of Petroleum
Resources of the Government of the Federation offends the mandatory
provision of Section 138 of the Constitution which states clearly
that the President shall not, during his tenure of office, hold any
other executive office or paid employment in any capacity
whatsoever. Also, the President’s appointment of himself to the
office of Minister of the Government of the Federation was done
without forwarding his nomination as a Minister to the Senate which
made it impossible to screen or confirm the President as a Minister
by the Senate which clearly offends the mandatory provision of
Section 147(2) of the Constitution. Furthermore, the President did
not subscribe to the Oath of Allegiance and the Oath of Office for
the due execution of the duties of his office as a Minister which
is a mandatory prerequisite before the assumption of the office of
a Minister of the Government of the Federation as provided in
Section 149 of the Constitution. This Oath of Office which is
titled: Oath of Office of Vice-President, Deputy Governor,
Minister, Commissioner or Special Adviser is markedly different
from the Oath of the office of the President which he took and
subscribed to on the 29th of May, 2015 when he assumed the office
of the President, Federal Republic of Nigeria which is titled: Oath
of Office of President. He concluded by stating that the
President’s appointment of himself as the Minister of Petroleum
Resources is an abuse of his powers as President of the Federal
Republic of Nigeria. He therefore calls on the Senate to wake up to
its constitutional responsibilities.
TheNigerialawyer recalls that Nduka Enweliku has also written
two petitions to Nigerian Communications Commission asking same to
refuse the bid by Globacom and Airtel to buy 9mobile because of the
anti-competitive effect it would have on the telecommunications
sector; and the Securities and Exchange Commission requesting a
break up Dangote Cement Plc in order to promote competition in the
cement sector and the Nigerian stock market