ABUJA— THE controversy over the Olusegun Obasanjo Presidential Library (OOPL) yesterday deepened with the Federal High Court sitting in Abuja set to rule on whether or not the President abused his office and violated the constitution in initiating the project.
The court was also challenged to order the Economic and Financial Crimes Commission (EFCC) to investigate all the contracts awarded by the Federal Government from 1999 to date “in so far as the donors of the gifts of money received at the launch of the Presidential Library at Abeokuta, Ogun State on May 14, 2005 are involved in such contracts and for the Economic and Financial Crimes Commission (EFCC) and the Independent and Corrupt Practices Commission (ICPC) to take appropriate actions against the President and the donors."
Frontline human rights crusader and lawyer, Chief Gani Fawehinm (SAN)i, who filed the writ in Abuja claimed that President Obasanjo violated section 15 (5) of the constitution which states: “The state shall abolish all corrupt practices and abuse of power.” He said President Obasanjo also abused Item 1 Fifth Schedule, Part 1 of the Constitution which states that “A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.”
Chief Fawehinmi alleged that the President also “flagrantly disregarded” the Code of Conduct for public officers contained in Item 6 (1) (2) of the Fifth Schedule, Part 1 of the Constitution which states in 6(1) A that: “A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.
(2) “For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved.”
Government is expected to react within eight days whether as a serving President, President Obasanjo breached the constitution by receiving gifts from Federal Government contractors both local and foreign.
Chief Fawehinmi also wants the court to determine whether in view of section 22 of the constitution, the mass media have a right to have access to the declaration of assets filed in the Code of Conduct Bureau by President Obasanjo.
The court will also determine whether the chairmanship of the board by Nigeria's High Commissioner in London, Dr. Christopher Kolade; the membership of a serving governor, Otunba Gbenga Daniel; and a serving Commissioner of Health in Ogun State, Dr. Iyabo Obasanjo-Bello; and Messrs Karl Masters Vernon Jordon (USA) and Richard Brandson (UK) being foreigners of the Board of Trustees of Olusegun Obasanjo Presidential Library at Abeokuta contravene the provisions of Sections 15(5) and 23 of the Constitution of the Federal Republic of Nigeria
The writ wants the court to declare that the gift of money to the President at the launch by various contractors to government and other beneficiaries of government policies and programmes including Alhaji Aliko Dangote and his group of companies, Chief Mike Adenuga Jr. and his companies, oil firm majors, consortium of banks and others who are benefitting or have benefitted from policies and programmes of President Obasanjo’s government contravenes Section n15 (5) of the Constitution.
Other reliefs sought by Chief Fawehinmi include:
lA mandatory order directing the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) to investigate all the contracts awarded by the Federal Government from 1999 to date in so far as the donors of the gifts of money received at the launching of the Olusegun Obasanjo Presidential Library at Abeokuta, Ogun State on Saturday, 14th May, 2005 are involved in such contracts and for the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) to take appropriate actions against the President and the donors of the said gifts of money within the provisions of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004 and the Corrupt Practices and Other Related Offences Act respectively, including forfeiture of (a) the entire project (b) Olusegun Obasanjo Presidential Library Fund if there is contravention of any of the two Acts i.e. EFCC and ICPC, by the President of the Federal Republic of Nigeria, General Olusegun Obasanjo.
lA mandatory order compelling the 4th Defendant, Code of Conduct Bureau to publish or allow the mass media pursuant to their duties under Section 22 of the Constitution of the Federal Republic of Nigeria, 1999 access to the declaration of assets filed in the Code of Conduct Bureau by the President of the Federal Republic of Nigeria, General Olusegun Obasanjo before he assumed office as President in 1999.
lA declaration that the composition of the Board of Trustees of Olusegun Obasanjo Presidential Library being a private project of a serving President is both a violation of Sections 15(5) and 23 of the Constitution
of the Federal Republic of Nigeria, 1999 in that:
(a) the Chairmanship of Dr. Christopher Kolade, a serving public officer being the Nation*s High Commissioner in Britain is incompetent to spend public time and money to serve*General Olusegun Obasanjo’s private business;
(b) the membership of Otunba Gbenga Daniel, a serving public officer who is the Governor of Ogun State is incompetent to spend public time and money for President Olusegun Obasanjo private business;
the membership of Dr. Iyabo Obasanjo-Bello who is a serving public officer and Commissioner for Health in Ogun State is incompetent. to spend public time and money to serve a private project of a serving President, General Olusegun Obasanjo, her father.
lThe membership of Messrs Karl Masters, Vernon Jordan (USA) and Richard Branson (UK) who are foreigners are incompetent to serve the private project of a serving President of Nigeria in that their identities are unknown to Nigerians as the national security of Nigeria can be compromised in this respect and in particular Mr. Richard Branson is a substantial shareholder of the new National Carrier, Virgin Nigeria as well as a substantial shareholder of Vmobile Telecommunications which is now Virgin Mobile.
lA declaration that the entire establishment of Olusegun Obasanjo Presidential Library whilst President Olusegun Obasanjo is still a serving President amounts to abuse of office and is capable of engendering corrupt practices contrary to Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides as follows:
A declaration that the licence which the 1st Defendant, General Olusegun Obasanjo sitting as the Chairman of the Federal Executive Council meeting in 2003 approved for himself for the establishment of the Bells University of Technology to which the Olusegun Obasanjo Presidential Library will be affiliated is an abuse of power and is contrary to Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999.
He said:lThat among the donors are many businessmen and companies that have been beneficiaries of large contracts from the Federal Government of Nigeria since General Olusegun Obasanjo came to power in 1999, notably Alhaji Aliko Dangote and his Group of Companies, Chief Mike Adenuga and his companies, oil firm majors, consortium of banks and others.
lThat General Olusegun Obasanjo set up a board of trustees for the Olusegun Obasanjo Presidential Library with the following members: Dr. Christopher Kolade as chairman who is a serving public officer (Nigeria High Commissioner in Britain) to serve in the private project of General Olusegun Obasanjo;
Otunba Gbenga Daniel as a member who is a serving public officer (Governor of Ogun State) to serve in the private project of General Olusegun Obasanjo; Dr. Iyabo Obasanjo-Bello as a member who is a serving public officer (Commissioner for Health, Ogun State) to serve in the private project of General Olusegun Obasanjo, her father; Messrs Karl Masters, Vernon Jordan (USA) and Richard Branson (UK) as members who are foreigners and whose true identities are unknown to Nigerians in view of the security implications to the nation.
lThat one of the members of the Board of Trustees of the Olusegun Obasanjo Presidential Library, Mr. Richard Branson (UK), recently negotiated a successful deal with the Federal Government of Nigeria after the Government of General Olusegun Obasanjo had successfully liquidated the National Carrier, Nigeria Airways whereby the Richard Branson’s Virgin Atlantic became the substantial shareholder of Virgin Nigeria Airline which is now the Nigeria National Carrier.
lThat in addition, Richard Branson’s company, the Virgin, has just bought over Vmobile Telecommunications as a majority shareholder which has now become Virgin Mobile, a beneficiary of President Olusegun Obasanjo privatisation policies and programmes.
lThat before the Olusegun Obasanjo Presidential Library fund was launched on Saturday, May 14, 2005 in Abeokuta, Ogun State, President Olusegun Obasanjo had done the architectural drawings of the Library project.
lThat the Federal Government has initiated and implemented policies and programmes including privatisation of public enterprises which has conferred enormous financial functions on some of the donors to the Olusegun Obasanjo Presidential Library Fund launched on Saturday, May
14, 2005.
The court was also tasked to declare that:
lthe Chairmanship of Dr. Christopher Kolade, a serving public officer being the nation’s High Commissioner in Britain is incompetent to spend public time and money to serve General Olusegun Obasanjo’s private business;
lthe membership of Otunba Gbenga Daniel, a serving public officer who is the Governor of Ogun State is incompetent to spend public time and money for President Olusegun Obasanjo’s private business;
lthe membership of Dr. Iyabo Obasanjo-Bello who is a serving public officer and Commissioner for Health in Ogun State is incompetent to spend public time and money to serve a private project of a serving President, General Olusegun Obasanjo, her father.
lthe membership of Messrs Karl Masters, Vernon Jordan (USA) and Richard Branson (UK) who are foreigners are incompetent to serve the private project of a serving President of Nigeria in that their identities are unknown to Nigerians as the national security of Nigeria can be compromised in this respect and in particular Mr. Richard Branson is a substantial shareholder of the new National Carrier, Virgin Nigeria, as well as a substantial shareholder of Vmobile Telecommunications which is now Virgin Mobile.
lA declaration that the entire establishment of Olusegun Obasanjo Presidential Library whilst President Olusegun Obasanjo is still a serving President amounts to abuse of office and is capable of engendering corrupt practices contrary to Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999.
lA declaration that the licence which the 1st Defendant, General Olusegun Obasanjo sitting as the Chairman of the Federal Executive Council meeting in 2003 approved for himself for the establishment of The Bells University of Technology to which the Olusegun Obasanjo Presidential Library will be affiliated is an abuse of power and is contrary to Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999.
