FAROUK Lawan, the suspended Chairman of the House of Representatives Ad Hoc Committee on Fuel Subsidy, and three others may not have their day in court so soon, it emerged yesterday.
They are to be tried for the alleged $620,000 bribery allegation made by businessman Femi Otedola.
But the trial is being put on hold because the police need to do more investigation in the matter.
The others are the bribe giver, Otedola, the clerk of the committee, Mr. Boniface Emenalo, and the Chairman of the House Committee on Drugs, Narcotics, Mr. Adam Jagaba.
The police have been advised to quiz all members of the House Committee on Ad Hoc Committee on Fuel Subsidy Regime, when Lawan was the chairman, for more insight into the matter.
To be quizzed are Ali Babatunde Ahmad, James Faleke, Alphonsus Irona, Umar Abubakar Sade, Eucharia Azodo, Abbas Tajudeen and John Eno.
It was learnt that the prosecution is of the opinion that police investigation has not resolved how the $620,000 was sourced; the manner in which the “sting operation” was conducted; why the money was offered piecemeal and the whereabouts of the cash.
Another area of focus is all the local and international call logs of Otedola and Lawan.
According to sources, the prosecution team, led by Chief Adegboyega Awomolo (SAN), has concluded that all the actors have more questions to answer.
A source, who spoke in confidence, said: “There is already a request for additional investigation of all the key actors in the bribery saga before trial can commence.
“The whole essence of more investigation is to bring all suspects to book and present a water-tight case before the court that will try the case.
“Already, the two suspects recommended for trial (Lawan and Emenalo) by the police have been slated for arraignment under the ICPC Act.
“It is also established that they will be tried in the High Court of Justice of the Federal Capital Territory.
“The preparation for the trial made the AGF to exercise his powers under Section 26 of the ICPC Act to delegate Awomolo to prosecute suspects with prima facie case against them.
The section reads: “Prosecution for an offence under this Act shall be initiated by the Attorney-General of the Federation or any person or authority to whom he shall delegate his authority, in any superior court of record so designated by the Chief Judge of a State or the Chief Judge of the Federal Capital Territory, Abuja under Section 61(3) of this Act; and every prosecution for an offence under this Act or any other law prohibiting bribery, corruption, fraud or any other related offence shall be deemed to be initiated by the Attorney-General of the Federation.”
But preparatory to the trial, about 114 questions or areas have been isolated for additional investigation by the Police.
Some of the new areas of additional investigation are as follows:
•A Certified True Copy of the letter of complaint by Otedola
•Was there a register for the Serial Nos of the $620,000 given to Otedola or was there a photocopy of the USD100 bills given to Mr. Femi Otedola?
•Did Otedola sign for the monies he received from the SSS? Where are the CTC of the register, records and photocopies of the bills?.
•If the demand for $100,000 or $120,000 by Emenalo was reported to the SSS, Where are the records of the report? Case file opened by the SSS in relation to the investigation of demand for bribe by Farouk Lawan from Otedola, if any, a copy.
•Call logs of telephone calls and text messages between Otedola and Farouk. Call logs between Otedola/Farouk/Emenalo before, during and after demand and receipt of bribe i.e. (January – June 2012).Call logs between Emenalo and Farouk Lawan between January – June 2012. Call logs between Emenalo and Otedola between January – June 2012.
•Otedola and the Secretary (Emenalo Boniface). April/May.
•The documents given by Otedola to the Committee.
•Zenon/AP memo to the committee.
•Call logs of Otaru and Emenalo as well as Emenalo and Otedola. April/May.
•Lawan’s Protea Hotel bills for April, 2012 (not just one day).
•Resolutions of the House which directed investigation into the bribery allegation;
•Written statements to the police of the persons named in a letter from the Office of the Speaker dated 20th June, 2012.
A document obtained last night showed the specific gaps to be filled by all the key actors.
On Lawan, the document states: “Additional statement should be obtained from Mr. Farouk Lawan so that he can explain the following: The procedure followed by the Ad Hoc Committee for taking decisions with respect to indictment of the oil marketers before 24th April 2012.
“Whether such decisions were reflected in minutes of the meeting and if there is CTC of such minutes.
“To confirm whether the decision of April 24, 2012 to remove the names of ‘Zenon Oil’ and ‘Synopsis’ was by the committee and whether the Committee followed the usual decision making procedure of the committee pre-18th April 2012.
“To confirm the telephone numbers he used in calling Otedola at all times between April and May 2012.
“What were Otedola’s telephone numbers with which he called Lawan from London ? When Otedola submitted a copy of the PPPRA subsidy scam report to him, what did he do with the report?”
The document also explained that Lawan would have to “make comments on the statement of the Chairman of the EFCC, Mr. Ibrahim Lamorde, with respect to: the failure to mention the names of persons who attempted to bribe him; on the suggestion of Lamorde for a sting operation by EFCC, why he declined; the non-disclosure to Lamorde of the earlier $500,000 he collected; the non-disclosure of the money his secretary collected from Femi Otedola on April 24, 2012; Where is the $100,000 and whether he saw the whole $600,000 with the House Committee set up to investigate the allegation of bribery.
“Lawan should confirm whether on 23rd of April, he reported the $250,000 to any person (first installment, $250,000 at Apo ; second Installment by 2am at Otedola’s house and 10am at Otedola’s house by the Secretary:
“Farouk to confirm whether and when he added the sum brought by Emenalo to the rest of the money.”
On Otedola, the document said: “He should be contacted so that he can provide the following: Copies of documents he submitted to Farouk Lawan after the public hearing investigation to clear his companies AP and Zenon Oil (with a view to comparing them with what the House supplied).
“All the telephone numbers he used in communicating with Farouk Lawan or any other person related to this matter. Cautionary words to his statement or compliance with the rules.
“To confirm whether SSS gave him the money in bulk or in bits of $20, $250, $120. Whether Otedola signed for the money at SSS, with particular serial numbers or whether the SSS has a photocopy of the US dollar bills.
“A copy of memo/documents by AP, ZENON and FORTE Oil submitted to the ad-hoc committee (presentation) by the MD, Mr. Otaru. He is to confirm whether the $120,000.00 requested for by the secretary was for Lawan or for himself as the secretary of the Committee.
“To confirm whether it was the secretary who called him or he (Otedola) who called the secretary (who initiated the call?).
“To confirm how many video cameras were used for the coverage of the said sting operation. Where are copies of the recordings? How many bundles were the $120,000.00; whether only two bundles of $50,000 bills were given to Emenalo and account for the $20,000. The number of times he was visited by Mr. Emenalo.
“He should throw more light on why he went to the SSS and not the other anti-graft agencies? (To prepare for cross examination). Why did he take the first $250,000 to Farouk’s hotel? (To prepare for cross examination).
“Was there any lunch on 20th April in his house involving himself, Farouk and a former EFCC chairman and to comment on Lawn’s statement of 14/06/2012. He is also to comment on the allegation of plane load of 2.5million USD he is alleged to have made to Lawan. To confirm audio recording of Otedola with Farouk, where it is, and the copies.
Emenalo is “requested to make additional statement so that he can explain the following: Rules of the Procedure of the Committee, the function of the secretariat. Documents submitted by Otedola to Farouk Lawan on 24/04/2012. Whether he was the “secretariat” consulted by Lawan on 24th April, 2012 which led to the removal of “Zenon Oil” from the list of companies formerly indicted by the Committee. Whether the alteration of the report was a decision of the whole Committee or by Lawan alone. Whether the secretariat has the minutes of the meetings of the Committee where decisions were taken. And the address of Otedola in Maitama that he visited.
On the $120,000, Emenalo is expected to explain “the purpose of the money – was it a gift for him as secretary of the committee? Or if the $120,000 or $100,000 was for him or for Lawan and why he did not report to Police, SSS or clerk of the House of Representatives, who is his boss. The location of the $620,000?
On the Chairman of the House Committee on Financial Crimes, Narcotics and Drugs, Mr. Adam Jagaba, the document said: : “There is need to obtain additional statement from this witness so that he can explain the following: The history of his health, with records. His functions as Chairman of House Committee on Financial Crimes, Drugs etc. The procedure his committee adopted previously when it received a report of bribe and how same was repeated, if any. Procedure his Committee adopted in treating the report by Farouk Lawan (if any).
“Whether his Committee received and kept the exhibit money. Did he see the money on the 6th June, 2012 and whose custody was the money after the meeting?”
As for the other members of the House Ad Hoc Committee, they might be grilled on what they knew about the bribery deal if any.
The document added: “Take cautionary statement from each and every member of the Ad Hoc Committee on Subsidy Regime to show: (a) The procedure followed in arriving at decisions concerning the indicted companies, the procedure for removing the indicted companies from the list, especially the removal of ‘Zenon Oil’ and a “Synopsis” on the 24th of April 2012. (b) Whether the procedures established in (a) above were followed in respect of both.(c) Whether the committee members were aware of the demand and receipt of over $600,000 by Farouk Lawan and the Secretary on or before the 24th of April 2012. (d) If they were aware, when and how? (e) Whether any of the committee members, who was aware, reported to the police, ICPC and EFCC. (f) CTC of all documents submitted by AP, Zenon Oil and Forte Oil. (g) The proceedings of 6th of June 2012 when the over $600,000 was suggested to be displayed on the floor of the House.”
It was also gathered that there might be need to invite the PPPRA for other bends of the additional investigation.
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