Posted by By GODWIN TSA, Abuja on
The mind-boggling contract scam involving Senator Iyabo Obasanjo-Bello, daughter of former president Olusegun Obasanjo, has taken another dimension with the allegation that she received a Toyota Land Cruiser as bribe to help secure contracts in the power sector.
The mind-boggling contract scam involving Senator Iyabo Obasanjo-Bello, daughter of former president Olusegun Obasanjo, has taken another dimension with the allegation that she received a Toyota Land Cruiser as bribe to help secure contracts in the power sector.
This is coming as an Abuja based legal practitioner, Barrister Kayode Ajulo has disclosed that Senator Obasanjo-Bello risked a five-year jail term if convicted of the allegations of felony against her by the Austrian company, which accused her of corruption.
An Austrian firm, M. Schneider GMBH & Co, had alleged, in its petition to the Presidency, the Economic and Financial Crimes Commission (EFCC) and other anti-corruption agencies complaining about what it described as 'Obasanjo-Bello's fraudulent, corrupt and criminal nature."
Some of the exhibits attached to the petition contained vital information to the effect that a gift of Toyota Jeep was offered to the senator by one Prince Albert Awofisayo, a Lagos businessman as public relations (PR) so as to secure a contract through her.
The vehicle, which was eventually bought from Elizade Nigeria Limited was delivered to Dr. Iyabo Obasanjo, No. 383 Agege Motor Road, Mushin, Lagos with a letter of delivery signed by Tunde Fagbolagun.
The quotation and proforma invoice from the car company, referenced, Saju-001, gave the description of the vehicle as Toyota Land cruiser VX AHC Patrol engine, automatic transmission, leather seat, power steering, central door lock, wood finish A/C cool box, airbags, roof ral sun proof, double extra tyre, ABS, radio/cassette CD player, alloy wheel with side step.
A Union Bank of Nigeria Plc cheque of N11, 660, 00.00 was issued in favour of Elizade Nigeria Limited at its Abuja branch, at UAC building on November 15, 2005 and the vehicle, with Engine no. 2UZ-9151608 and Chasis No. JTEHT05J302086528, was delivered to Iyabo Obasanjo at No. 383, Agege Motor Road, Mushin, Lagos with a covering note signed by Tunde Fagbolagun, an assistant manager (delivery) of Elizade Nigeria Limited on November 25, 2005.
It was revealed that when the Austrian firm was approached to buy the vehicle for Iyabo Obasanjo-Bello as 'PR," by Albert Awofisayo, the company turned down the request on the grounds that Awofisayo should be responsible for such gesture.
In a note to Albert Awofisayo on the subject matter, the company noted: 'Dear Albert, sorry, but we are not in position to satisfy this request. We have many obligation to fulfill along with the project. PR is yours."
The N3.5 billion contract scam was blown open following a letter written by M. Schneider and dated 3 August 30, 2007, which was delivered through DHL to the EFCC, the office of President Umar Musa Yar'Adua, Austrian ambassador, Attorney-General of Federation and Minister of Justice, chairman, Senate, Committee on Ethics and Privileges, chairman, ICPC and the chairman of Code of Conduct Bureau.
Signed by Andreas Altenhuber, the petition further revealed that the EFCC had, sometime in 2006, conducted an investigation involving directors of M. Schneider Energy Nigeria Limited.
'The underlying dispute culminated in our being frustrated out of Nigeria after investing in excess of one million Euros. This resulted in litigation in different jurisdictions. One of the proceedings will be before the International Chamber of Commerce Paris on 3rd and 4th September, 2007," the firm said.
The company claimed that it attached a copy of the court papers and other exhibits in the letter to the commission to substantiate various allegations against the senator.
'Contained therein are allegations of a fraudulent, corrupt and criminal nature involving Senator (Mrs) Iyabo Obasanjo-Bello (alias Damilola Akinlawo) then serving as a commissioner with Ogun State government and which concealment of her identity, in our view, was driven by the sole consideration of shielding her father, the former president of Nigeria, from being perceived as having breached relevant laws in the award of power projects indirectly to her daughter," it said.
The company stated that the hearing of various cases on the matter has the potentials of placing the Federal Government in bad light before the international community.
It said: 'We would therefore be grateful, without prejudice to the judicial process, if you would kindly cause your commission to investigate same with a view to ascertaining whether your enabling laws or any other related Nigerian laws were broken by Senator (Mrs) Iyabo Obasanjo-Bello, acting either for herself or on behalf of the then president."
The documents also listed details about Iyabo Obasanjo-Bello's trips to Austria, narrating how she joined Prince Awofisayo in Singapore after her trip to Jakarta, Indonesia in February, 2006.
When contacted by a national newspaper over the contract scam both Dr. Iyabo-Obasanjo Bello and Prince Albert Awofisayo had described the allegations as false and an attempt to tarnish their image. Senator Obasanjo-Bello said she was not directly involved in the business.
She said: 'I know Prince Awofisayo. Sometimes ago, he invited me to be part of a business he wanted to do. Some of these proposals work, other times they don't. Prince said I should not worry, that he would fund the entire project. I told him since I was a commissioner it could raise issues of conflict of interest. We agreed to go into the business all the same. Prince formed a company and did all the ground work.
We agreed that I should use a different name, yes, because in law there is nothing, wrong with that…"
On his part, Prince Awofoisayo said he was out of the country but would speak on the controversy as soon as he returned. He said the Austrian company had resorted to blackmail because of its failure to prove its case in a court of law.
Meanwhile, an Abuja based legal practitioner, Mr. Kayode Ajulo said Dr. Obasanjo-Bello risks a five-year jail term if convicted of the allegations of felony against her.
In a statement in Abuja, the lawyer said: 'The macabre expression and approval of misdeed of misdemeanor by the first daughter of the erstwhile President (General Obasanjo), the one-time commissioner of Ogun State and presently the distinguished Senator of Federal Republic of Nigeria, Senator Dr. Iyabo Obasanjo-Bello aka Damilola Okanlawon, disguised nothing but an admittance of guilt of impersonation, corruption and to cover up palpable commission of crimes.
'Although her spin-doctors and fellow voyagers may delude her and equally want Nigerians to lap into the distorted conjecture that she is not liable for criminal misdeed, it is pertinent to point out that Section 484 of Criminal Code, Laws of the Federation provides that: ‘Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a felony, and is liable to imprisonment for three years.'
'Bearing in mind the novelty and inventiveness of her misdeed as those she falsely represented in this instance are allegedly her sister (Damilola) and mother (Ms. Okanlawon) vis-à-vis the fact that at the time of the commission of the crime Dr. Iyabo was a serving commissioner in Ogun State, holding a position of public trust and bound by provisions of Code of Conduct rules, Public Officers rules and other related statutes.
It is therefore indispensable that to appreciate the full weight of her criminal liabilities, a combined reading of the provisions of Chapter 2 of the 1999 Constitution, Public Officers Rules, ICPC and EFCC Acts will reveal an imposing commission of offence sanctionable by our laws.
'Section 15 (5) of the Constitution provides thus: ‘The State shall abolish all corrupt practices and abuse of powers.'
'The reasons for the impersonation are not far fetched. What else must be the reason for the daughter of a president and commissioner of health of a state to turn himself to LAGBAJA for pecunial gains?
'To circumvent the law and the system, to besmirch it, defile it and make fools out of the whole world with a full fledged premeditated conspiracy to cover up a perceptible crime.
'The theory of LAGBAJAISM as propounded by Iyabo Obasanjo-Bello PhD holds no water. It is patently cynical, contemptuously jaded, which is, in itself, a dishonoured affirmation from an apparent corrupt psyche.
'Corruption has no other name than corruption either in private business or public office and not a soul should be allowed to hide under any assumption of legality to escape chastisement.
'In the case of A.G. Ondo State Vs. A.G. Federation reported in 2002, Hon. Justice Mohammed Uwais (retd) stated the true position of the law and the mind of the Supreme Court when he held thus: ‘Corruption is not a disease which afflicts public officers but society as a whole. If it is therefore to be eradicated effectively, the solution must be pervasive to cover every segment of the society.
'One is somehow interestingly surprised by the timid position of the government and its law enforcement agencies since the receipt of the complaint against Dr. Iyabo. If the EFCC, ICPC and others are of the opinion that Dr. Iyabo has no case to answer then EFCC should, without hesitation, tender apology to Tafa Balogun, the late Maurice Ibekwe, Ade Bendel and Co. as they have no business being in prison.
'The Federal Government and her agencies should be guided by the dictum of Hon Justice Mohammed of the Supreme Court, in the above mentioned case reported in the Nigerian Weekly Law Report (Part 772) at page 347, where the noble law lord stated:
‘It is quite plain that the issue of corruption in Nigerian society has gone beyond our borders. It is no more a local affair. It is a natural malaise, which must be tackled by the government of the Federal Republic. The disastrous consequences of the evil practice of corruption has taken this nation into the list of most corrupt nations on earth…..'
The battle over which promoter has direct business dealings with an Austrian firm, M. Schneider GMBH, among CPL Industries Limited, Falcony Nigeria Limited and Akiya Nigeria Limited, which is the company of ex-President Obasanjo's children, shifted to Paris, France as one of them, CPL Industries Limited, took the matter to the International Court of Arbitration in Paris.
The legal battle started in July last year when M. Schneider GMBH and five others instituted a suit at the Federal High Court in Abuja.
Other plaintiffs in the matter were: M.Schneider Energy Nigeria Limited, Falcony Nigeria Limited, Andreas Tenhuber, Michael Tenhuber and Olu Obikoya.
The defendants in the suit were Prince Albert Awofisayo, CPL Industries Limited Akiya Nigeria Limited (firm of Obasanjo's children), Ms. Damilola Akinlawon and Mr. Richard Awofisayo.
However, Falcony Nigeria Limited and Schneider GMBH were said to have instituted another suit at the High Court of Lagos State, while arbitration discontinues in the one filed at the Federal High Court in Abuja.