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The Guardian June 8 2005
Fawehinmi asks conduct bureau to try Obasanjo over library, varsity
From Florence Oretade (Abuja)
PRESIDENT Olusegun Obasanjo still has a lot of explaining to do over the library project in Ogun State named after him and the recent granting of a licence for the Bells University of Technology, Badagry, a tertiary institution in which he is believed to have substantial interest.
In addition to a suit he has filed at a Federal High Court in Abuja, activist lawyer, Chief Ganiyu Oyesola Fawehinmi (SAN) has asked the Code of Conduct Tribunal to try the President for allegedly breaching his oath of office on both scores.
Obasanjo, in a preliminary objection to the suit on Monday, said that the library belongs to a foundation registered with the Corporate Affairs Commission (CAC). He denied ownership of the university and challenged the locus standi of Fawehinmi to institute the suit in the first instance.
But Fawehinmi wants the Conduct Bureau to sanction the president for allegedly abusing his office to personal and undue advantage.
The allegations, according to Fawehinmi, include "conflict of interest with official duty, receipt of gifts or benefits in cash and kind contrary to the Item 1 of the Code of Conduct for Public Officers Part 1, Fifth schedule of the Constitution of the Federal Republic of Nigeria and Item 6 (1) & (2) of the Code of Conduct for Public Officers in Part 1 Fifth schedule of the Constitution."
Fawehinmi, who filed the petition yesterday, said that Obasanjo violated the provisions of the Code of Conduct when he "approved for himself a license to establish a private university, The Bells University of Technology, organised the fund raising event for the Olusegun Obasanjo Presidential Library which will be affiliated to this private university and receipt of colossal sums of money amounting to N6.5 billion towards the presidential library."
The President had on Monday through his counsel, Chief Afe Babalola (SAN) raised a preliminary objection to the suit, noting that the (President) enjoys immunity under Section 308 of the 1999 Constitution.
Obasanjo also argued that the suit was a gross abuse of court process and fraught with fundamental irregularities.
But Fawehinmi stated that the President had put his personal interest into conflict with his public/official duties, which "amount to acts of corruption and abuse of power contrary to section 15(5) of 1999 Constitution."
The Senior Advocate said that the President's action also violated Item 6(1) and (2) of the Fifth schedule of the Constitution.
Item 6(1) states: "A public officer shall not ask for or accept property or benefit 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."
Item 6(2) states that "for the purpose of sub paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or person 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."
Fawehinmi said that those who donated money at the fund raising event on May 14 at Abeokuta, Ogun State, were mostly contractors to the Federal Government who had benefited financially from the Obasanjo administration since May 29, 1999.
"They have also profited 'prodigiously' particularly from the privatisation and deregulation policies of Obasanjo's government," Fawehinmi added.
His words: "For instance President Obasanjo had helped Alhaji Aliko Dangote to enjoy the fruits of privatisation and deregulation policies of government to the extent that Dangote has now become a multibillionaire consequent upon his relationship with him and donated N211,000,000 (Two hundred and eleven million naira) to the presidential library fund."
Fawehinmi continued: "Before Obasanjo came to power, there was no Globacom and Conoil. As a result of the contracts the Federal Government has awarded to Adenuga's companies and consequent upon privatisation and deregulation policies and in particular as Minister of Petroleum Resources, Chief Mike Adenuga Jnr as chief executive officer (CEO) of Conoil and Globacom has received allocation of oil blocs and in addition has benefited from the privatisation and deregulation of NITEL. He donated N250,000.000 (Two hundred and fifty million naira) openly to the presidential library fund."
The lawyer added that the consortium of oil companies and banks which donated $20 million and N622 million were paying Obasanjo back privately for what they got officially.
The Board of Trustees of the library, according Fawehinmi, is a negation of the code of conduct for public officers.
"Dr. Christopher Kolade, who is the chairman of the board, is a serving public officer being the Nigerian High Commissioner to Britain; the membership of Otunba Gbenga Daniel, a serving public officer being the governor of Ogun State, the membership of Dr. Iyabo Obasanjo-Bello, a Commissioner for Health in Ogun State and the membership of Messrs Karl Master, Vernon Jordan (USA) and Richard Branson (UK), foreigners whose background are not known, their memberships are capable of constituting a security risk to Nigeria."
He prayed the bureau for the seizure or forfeiture of the presidential library project and all funds contributed; The Bells University of Technology and Obasanjo Holdings Limited and requested that Obasanjo be tried in the Code of Conduct Tribunal
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