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Following the petition sent to the Economic and Financial Crimes Commission (EFCC) by Chief Gani Fawehini (SAN) alleging corruption and abuse of office against President Olusegun Obasanjo over the N6.5 billion Olusegun Obasanjo Presidential Library Project, the president is now being investigated.

Revealing this in a letter dated July 21, 2005 and signed by its Executive Chairman, Nuhu Ribadu, EFCC stated that investigation had already commenced on sundry allegations raised by Fawehinmi in his June 20, 2005 petition.

While acknowledging Fawehinmi’s efforts at supporting the commission with valuable materials, such as books, the letter said: "We are already investigating the allegations contained in the petition and assure you that we will give it the attention it deserves."

Ribadu also expressed gratitude to the human rights crusader for his "untiring effort in promoting good governance, probity and accountability in our dear country," adding: "We believe we are following your indelible footsteps and we assure you that we will continue to give our best in improving the lot of Nigerians. We will also continue to rely on your guidance and pray to Almighty God to continue to give good heal and protect you in order to continue your service for Nigeria and Nigerians."

It would be recalled that Fawehinmi had cried to the commission to investigate the N6.5 billion collected during the fund raising for the presidential library on the grounds that Obasanjo had acted unlawfully by using his office to raise fund for a private business.

Fawehinmi, in the petition, argued that Obasanjo’s action of My 14, 2005, when he organised the fund raising for the library project, offends section 98 of the Criminal Code Cap 29, Laws of Ogun State, 1978, which states that "any person who:- (1) being employed in the public service and being charged with the performance of any duty by virtue of such employments, not being a duty touching the administration of justice, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person on account of any thing already done or omitted to be done, by him in the discharge of the duties of his office … is guilty of a felony, and is liable to imprisonment for seven years."

The petitioner had also alleged that the undertaking of fund raising by Obasanjo for the library project also violates sections 100 and 104 of Criminal Code, Cap 29, Laws of Ogun State of Nigeria, 1978.
In addition, Fawehinmi posited in his petition that the president grossly abused his office by awarding himself, in 2003, a licence to operate a private university, Bell University of Technology, an action which he said violated the provision of section 15 (5) of the constitution of the Federal Republic of Nigeria, 1999.

Fawehinmi had argued that those who donated at May 14, 2005 fund raising for the library project were "mostly contractors to Federal Government of Nigeria, who had benefited financially from the Federal Government since General Olusegun Obasanjo came to power on May, 1999."

Among those who donated for the Library project were captains of industries, like Alhaji Aliko Dangote, Chief Mike Adenuga Jnr, Femi Otedola and Alhaji Arisekola.

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Documents published on the internet indicate that President Obasanjo's son, Gbenga, has bought a house worth $537,126.88 (about N76,271,892) in New York, United States.

Gbenga is alleged to have bought the house located at 705, Carol Street, Brooklyn, New York, through his agents, Isaac Erlich, Jonathan Ross and Jordana Beth Levine, all of 150, Seventh Avenue, Brooklyn, New York.

The house is said to have been registered on April 1, 2005 at the office of the city's registrar in the New York City department of finance.

The president's son who did not state in categorical terms whether the house belongs to him, told Daily Trust on phone that the information concerning the property were "precise but not accurate."

When pressed to explain the ambiguous statement, Gbenga insisted that Daily Trust visits the internet to dig out the exact information linking him with the property.

An angry Gbenga went ahead to ask Daily Trust to "publish whatever you want to publish in your usual manner. The story is already on the internet. Call your colleagues in Lagos who also have the story but have not used it because they have done what they are supposed to do."

The Special Assistant to the President on Public Affairs, Chief Femi Fani-Kayode, declined comments on the matter.

He told Daily Trust on phone that it was Gbenga Obasanjo's private affair on which he has not been mandated to comment.

It will be recalled that in April this year, Gbenga Obasanjo was again in the news when it was alleged that he has about $20 million stashed in foreign accounts.

In defence of his son then, President Obasanjo said: "My son, Gbenga, has no money in his name. Someone said he has $20 million in his account. My family knows where I stand on this issue. They have a code of conduct."

"If they don't follow, they will be treated like anyone else and we have done well. The presidency in its totality is united in this war against corruption," the president said.

But the president's anti-corruption war song was interrupted last week when the Abia State Governor, Orji Uzor Kalu, in a letter, accused the president of a lukewarm attitude in his fight against corruption.

Governor Kalu accused the president of owning foreign accounts and also alleged that several deals in the oil sector were carried out by Obasanjo through his agents.

The president has however ordered the EFCC to investigate the matter.

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Amidst titillating media reports that one of President Olusegun Obasanjo’s sons has acquired a N78million mansion in Brooklyn, New York, Gbenga Obasanjo says he knows nothing about the New York house deal.

The New York mansion, said to be eye-popping, was bought March this year at a princely $537,126.28 (about N78million).
In an exclusive chat with Daily Sun, Gbenga, widely believed to be the president’s son involved in the sensational deal, said he isn’t the ‘Obasanjo’s son’ mentioned in the saga.

"I know nothing about the house. It’s not my house. I am not the Olu mentioned in the story. I am Olugbenga and the person mentioned is Olumuyiwa (Stella’s son.)," Gbenga said in a telephone chat.

Fighting hard to absolve himself of complicity in the burgeoning scandal, Gbenga said: "This is the point I keep making about our press in Nigeria. They don’t go the extra mile to investigate their stories, unlike their foreign counterparts. They rely on beer parlour and pepper soup gossips most of the time to make up their stories… Look at what was done in the report on the New York house issue. They got the name of who bought the house, when, where, how much was paid etc. But, here you don’t take the pains to do that. That is why most times you are precise but not accurate. They keep saying I own this and that property or company all over the place, but all you need to do is to go to CAC and find out who owns what. But nobody bothers to find out anything. That’s bad.

"Any way, I still have faith in this country, despite what the press is doing. The press is not totally bad. But I believe they need to go the extra mile to investigate stories and not rely on hearsay most of the time. See, for example, what the foreign press have done in the New York house issue. They gave details and tried to provide evidence. But in Nigeria, it is usually wild allegations."

The president’s son wouldn’t be drawn into detailed discussion on the allegation against the said ‘Olu Obasanjo’ or any discussion on the impropriety of the president’s son who graduated barely a year ago from university owning a mansion worth over N78million, in
a country where per capital income is a paltry 65 cents a day for majority of the over 120million impoverished citizenry.

Gbenga himself had, in the past, been accused of cutting high-profile deals, cashing in on his advantage as the president’s son. But he has consistently denied over-reaching himself or soiling his garment in corrupt practices.

"I keep telling you, that if I were not living in Nigeria, if I were abroad, I would still be living comfortably. I won’t be a poor man. I am a professional. I am a vet. doctor and I was doing well abroad. I don’t have to be the president’s son to live the way I am living."

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Library: Obasanjo wants court to dismiss Gani’s suit

MALACHY UZENDU, Abuja


PRESIDENT Olusegun Obasanjo yesterday asked a Federal High Court, Abuja to dismiss a suit filed against him by Chief Gani Fawehinmi (SAN) over the May 14, 2005 fund raising for the Olusegun Obasanjo Presidential Library (OOPL).

In a submission made by his counsel, Chief Afe Babalola (SAN), the President said Section 308 of the 1999 Constitution protects him from any legal action while in office.

The section gives immunity to the President, Vice President, Governors and Deputy Governors against civil and criminal proceedings.

Gani had dragged the President to court over an estimated N6.5 billion donations realised at the fund raising ceremony of the OOPL claiming that Obasanjo had used his official position to force all major government contractors to donate money to his private project.

He also stated that contrary to claims by the President, the directors of OOPL were serving public officers, thus violating the constitution on such matters.

But arguing his preliminary objection in court yesterday, Chief Babalola stated that Gani had no legal rights (locus standi) to institute the action as he failed to state the special rights infringed upon.

He also stated that being a presidential candidate on the platform of National Conscience Party (NCP) in the 2003 general elections as well as the claim that he (Gani) is a Senior Advocate of Nigeria (SAN) did not entitle him to file the suit, as his private life had not been infringed upon.

Similarly, Obasanjo contended that the five reliefs where the plaintiff claimed sections 15(5) and 23 of the constitution had been violated did not disclose any cause of action in that they did not violate Chapter II of the Constitution.

Obasanjo also stated that under Section 308 of the Constitution, the President is immune from civil or criminal prosecution while in office.

He explained that given the scenario, the suit by Chief Fawehinmi was an abuse of court process in that the fact that "one is a lawyer does not give him the licence to provoke, insult, scandalise or annoy his adversary."

He said that the affidavit sworn to by Chief Fawehinmi in support of the claims violated the letters of Section 204 of the Evidence Act.

"As earlier submitted, where a party’s private right has not been violated in any way, it is an abuse of court process to come to court.

"In this case, the applicant’s affidavit does not show that he has locus standi. In the circumstance, the plaintiff ought to have withdrawn his action," he stated.

He added that having commenced the suit by originating summons, Section 2 (9) of the Public Officers Protection Act had been violated.

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