One of the attributes painted of President Muhammadu Buhari to Nigerians, prior to now, was his famed no-nonsense stance, especially on issues of corruption. It was so believed by many to the extent that early in his administration, it was said that many public officials, without any specific thing done by the President, were already reversing their attitudes to corruption. That was what later became known as the President’s “body language” those early years.
Whether the fear of Buhari was real or not, many believed that the country was on its way to witnessing a different and better way of conducting public affairs. However, with the passage of time it has become clear that a few persons have gone back to business as usual. Or, like some believe, there was really nothing spectacular about the President’s initial posturing, after all every new official promises to do things differently when they are yet new in a position.
For a leader who means and is ready to show zero tolerance to corruption, one veritable tool to use in reining people in is the power to hire and fire. But Buhari has shown an uncanny reluctance to do both, even though he has made attempts at a few appointments, albeit not in a timeous manner. The appointment of ministers for instance took all of six months after his inauguration.
While it may pay to tarry a while and be clear as to the quality, capability and integrity of those appointed into public office, there is real cause for concern when the president fails to act one way or another when questions touching on the integrity of his appointees come up. And few incidents have happened of late which analysts believe the President would do well to act.
In the last few weeks, two key officials of President Buhari have come under public opprobrium following certain reports from the Senate. In what many see as an unprecedented show of interest in or support for the anti-corruption fight of the President, the Senate said its findings indicate that the Secretary to the Federal Government and the Acting Chairman of the Economic and Financial Crimes Commission have explanations to make about their integrity.
A third official, the Minister for Youth and Sports, Solomon Dalung, has however shown a consistency of bungling under him that many actually wonder what value he adds to the President’s team. Yet, the President has allowed him to stay on.
The Senate has said that the SGF, Mr Babachir Lawal, is linked to a certain Rholavision Engineering Ltd, a company which apparently benefited from the audacious contract of N248, 939, 231 given to Josmon Technologies Ltd by the Presidential Initiative on Northeast to clear “invasive plant species” (read, grass).
Further evidence in the media reports show that subsequent to Josmon receiving the contract, it made 20 different funds transfer of N10 million each to Rholavision. It would seem therefore that Rholavision received N200 million from Josmon in those suspicious transactions which began from March 29.
That particular contract had previously been roundly criticised by Nigerians as a classic case of waste of public funds by PINE. The initiative, by the way, has the major mandate of addressing very urgent issues of saving human lives following the insurgency in the North-East of the country. But apparently, there was more about that contract than Nigerians knew of. And that is what the Senate laid bare last week by linking Lawal to the contract.
Lawal’s link to Rholavision is unmistakable. He was, until September 2016 a director of the company. This is a clear violation of the Code of Conduct for Public Officers, which Lawal, as the SGF, is subject to. What makes it even more appalling is the fact that PINE was under the direct operation of the SGF. So, if the Senate findings are factual, it means the SGF merely gave a public contract to himself, in a roundabout manner. This is another breach of the Code of Conduct.
Under paragraph 1 of the Code of Conduct for Public Officers, a public officer shall not put himself (or herself as the case may be) in a position where his/her personal interest conflicts with his/her duties and responsibilities. This summarises the guiding principle of the Code. But by sitting over a procurement process that awards contract to a company in which he has an apparent interest in, directly or indirectly, Lawal could be said to have breached the trust expected of him.
Paragraph 2 of the Code requires that a public officer on full time employment shall not “engage or participate in the management or running of any private business, profession or trade” apart from farming. Lawal’s continuation as director of Rholavision until September, while already serving as a public officer is also a clear violation of the Code of Conduct.
Writing last year on the Code of Conduct for public officers, I raised concern that this provision of the Code was in widespread breach and called for an auditing of procurement in some public agencies. The Senate’s investigation may just have opened up one of the potentially corrupt public procurement process. The Senate therefore called upon Lawal to resign to which he disdainfully dismissed the talk as balderdash. It is still surprising that the Presidency has not taken a position on this, let alone ease out the official.
In the case of Magu, the same Senate said it received security reports from a sister agency to the EFCC, the Department of State Services suggesting that Magu was also corrupt. On the face of it, it seems a fair decision by the Senate not to proceed with the confirmation of Magu as substantive chairman of the anti-graft agency. I do not know if the Senate specifically asked the DSS for an investigation of Magu.
One is also curious to know when the DSS did that investigation on Magu and what it did with its findings. Whom does the DSS report to in the ordinary course of its investigation and did it submit this particular report to that authority? What did that authority do with the findings? These are some of the questions I think the President ought to resolve. If the information presented by the DSS to the Senate is correct and such was also known to the Presidency, why was he still presented to the Senate for confirmation? And if, as the reports in the media suggest that Magu had previous valid queries or indictments in the course of his professional career, were such ever properly cleared. If not, by what security clearance was he initially appointed acting chairman of the EFCC?
Finally for me is the case of Dalung whose supervision of the sports ministry has been marked by one embarrassment upon another. The sports ministry has been unable to effectively work with the sports associations to ensure hitch-free participation at international competitions. The peak of it was the incidents that led to the victorious women football team at the last African Women Championship in Cameroon, the Super Falcons, having to go on a street protest in Abuja to demand payment of their allowances.
I believe that from all that has been shown so far, there is good enough reason for President Buhari to sack his SGF and Minister Dalung. While I respect the argument that Lawal is merely accused without an indictment by a competent court, I also know that the position he holds is not sacrosanct, like one acquired via election. A political appointee’s position must be distinguished from the case of an elected official who can only be removed by impeachment, a recall by the electorate or by order of court.
The position and tenure of office of the SGF, like of most other appointees of the President such as minister is merely at the pleasure of the President. So, if Lawal and Dalung’s continued stay would embarrass their principal, it is wiser to sack them, otherwise they would be deemed to be doing the will of their principal. The case of Magu is a bit different. Here is a very sensitive position, central to the President’s anti-corruption agenda. I have read a different narrative suggesting that the DSS and Senate reports may not be clear cut as earlier presented. The President must take steps to quickly resolve this and make the call on the future of Magu, rather than say or do nothing. The power to sack is still a legitimate tool the President must learn to use.
Twitter @obobef
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