We have received several enquiries following the wide publication of the report, by the press this morning, of a so-called five-man “administrative” panel headed by the Attorney-General, Mr. Bayo Ojo, to the effect that its conclusion was an indictment of the Vice President Atiku Abubakar. As usual, we would like to point out that the conclusions drawn by the Ministerial panel are entirely predictable.

The Ministers acted out a script authored by a vindictive President who is eager to get his pound of flesh over his third term loss by barring the Vice President Atiku Abubakar, from next year’s Presidential race.

While it is true that (Section 137 i) of the Constitution makes the simple requirement of an “indictment” for a fraudulent offence as a basis for barring a candidate from elections by the electoral commission, it is also very clear about who has the power to indict in the law.

For such indictment to be valid in Nigerian laws, it must come from either a court of law, a tribunal or an administrative panel set up by the laws.

It is important to underscore the fact that lately, there has been a frenzy around the President and many of his appointees about who and who will not be allowed to contest elections in the country.

Again, we state that this sacred power lies with Nigerian people who constitute the electorate that have the right to determine who governs them. This inalienable right cannot be appropriated by any individual or group of people. Nigeria remains a country governed by law.

The so-called administrative panel chaired by Mr. Ojo is not a creation of the law, but an adhoc panel put together for a hatchet job by the President. Its purported indictment of the Vice President is not in anyway different from an indictment by the Lagos State Butchers Association, assuming a thing like that could come from it.

It is also important to state here that the so-called panel headed by Ojo is incompetent in law and procedure to interrogate or question the Vice President on any administrative issue as is being suggested. The Vice President agreed to meet this adhoc panel out of courtesy, and he merely exchanged views with them in an atmosphere marked by cordiality and respect. Ordinarily, ministers are his underlings. Subordinates can not sit in judgment over their employers. If for instance the President were to go on leave and the Vice President is acting in that capacity, he can hire and fire ministers. This panel is therefore unknown to the law. It is uncharitable, false and malicious for the panel to have concluded that the Vice President abused his office by authorizing the placement of deposits at Equitorial Trust Bank and Trans International Bank. The deposits were placed in the two banks at the request of the Executive Secretary of Petroleum Technology Development Fund (PTDF) and approved by the President and that Account-General. The Economic and Financial Crimes Commission (EFCC) and the administrative panel could not establish any pecuniary benefits accruing to the Vice President from the placements. How then could the panel have concluded that the Vice President abused his office?

As for the reason for the withdrawal of PTDF funds from the treasury, both the President and his Deputy saw sense in the argument made by PTDF Executive Secretary that the money be invested to generate additional funds instead of leaving it idle in the treasury. This argument has been vindicated by the over N1 billion interest earned from the ETB deposits. The Ministers, if they were not being mischievous, should know that there is always a wide gap between project conception, approval by Federal Executive Council and Due Process and Execution. For instance, the projects in question which were conceived in 2002 have just been approved for execution. In any case, the law that established PTDF specifically granted it the authority to invest its resources.

It is therefore, false, wicked and unacceptable to insinuate that the placements were made to benefit the friends of the Vice President. Both Otunba Oyewole Fasawe and Mike Adenuga are also friends and business associates of President Obasanjo. Adenuga gave N250 Million donation at the launch of the Presidential Library and he is at present, building a library worth over One Billion Naira at the Bells University owned by Obasanjo. Fasawe coordinated the fund raising for the new head office of Africa Leadership Forum in Ota and personally donated a building worth over N64 Million to the NGO.

As for the approval of the additional $20 Million deposit at TIB, the Vice President acted within the global approval already given by the President. He also duly informed the Accountant–General of the Federation as stipulated by government financial regulations. Nothing was done in secrecy. The President was kept aware and he never raised any objection until the Life Presidency Project collapsed like a pack of cards. The President never for once queried the Vice President on these issues. A boss cannot report his or her subordinate to the police without at first querying him or her.

We understand the predicament of the Ministerial appointees. They were given a job to do and how to deliver as expected. The use of the word “indictment” was tailored towards the objective of stopping the Vice President from contesting the 2007 election.

The Vice President will not be hounded out of office by any individual or group. The Nigerian people gave him their mandate and he intends to serve out his tenure.

Signed:

Garba ShehuPlease find attached a statement from the Atiku Campaign Office on the report of Obasanjo's so-called Administrative panel.