The Federal Government has
explained why it is probing the purchase of the official residence of the
Senate President by Senator David Mark.
Minister of Justice and Attorney
General of the Federation (AGF) Abubakar Malami (SAN) and the Chairman, Special
Presidential Investigation Panel for Recovery of Public Property (SPIPRPP) Okoi
Obono-Obla, explained that the investigation was informed by information to the
effect that Mark, a former Senate President, unlawfully acquired the property
in 2011, without being reflected in the Federal Government’s gazette as
required.
They argued that the house said
to be built on 1.6 hectares of land, located in Gudu, Apo, Abuja, is a national
monument that was not meant to be acquired by an individual.
Malami and Obono-Obla’s
explanation is contained in the court papers they filed before the Federal High
Court in Abuja yesterday. It was in
reaction to a suit by Mark, challenging the notice of investigation served on
him by the SPIPRPP.
The documents include a notice of
preliminary objection, a counter-affidavit to Mark’s motion for interlocutory
injunction and a defence to the substantive suit.
An official in the office of the
Chairman of SPIPRPP, Aribatise Olanrewaju, who deposed to the counter-
affidavit for Malami and Obono-Obla stated that the panel was empowered to
probe the circumstances in which Mark took over the property.
He said although former President
Goodluck Jonathan approved the sale of the property to Mark, the purchase was
not gazetted as required by law.
He said: “The request of Senator
Bala Muhammad (the then Minister of the Federal Capital Territory) was approved
by former President Jonathan, but on the condition that the sale should be
gazetted.
“However, the sale of the
property were never gazette. Notwithstanding the directive of former President
Jonathan that the said house should be sold to the plaintiff upon enactment of
a Federal Government gazette, the said property was illegally sold to the
plaintiff;
“The sales of these houses were
never reflected in the Federal Government official gazette contrary to
directive/ minute in the memo of Senator Bala Muhammad to former President
Jonathan.
“I know as a fact that the sale
of the said house to the plaintiff was never conducted in a competitive bidding
and transparent process; this is contrary to the provisions of Section 15 (1)
of the Procurement Act, 2007;
“I know as a fact that the sale
was contrary to the provisions of the Federal Government of Nigeria official
gazette No. 82, Vol. 92 of 15 August 2005;
“The said house is a national
monument, which should have never been sold;
“I know as a fact that the
provisions of Part 11 (b) of the Certain Political, Public and Judicial Office
Holders (Salaries and Allowances, Etc.) (Amendment) Act, 2008 otherwise known
as the Remuneration Act, 2008 provides that Senate President is provided with
accommodation by the Federal Government of Nigeria.
“I know as a fact that the sale
to the said house was contrary to the provisions of Paragraphs 1 & 6 (1) of Part 1 of the 5th Schedule to
the Constitution of the Federal Republic of Nigeria, 1999 (as amended) since
the purchaser (the Plaintiff) was a the Senate President he purchased the house.”
Olanrewaju referred the law that
empowered the panel to investigate
Mark’s acquisition of the property.
He said: “I know as a fact that
the notice alluded to in paragraph 17 of the affidavit is therefore not a notice of eviction as claimed by the
plaintiff/applicant.
“I know as a fact that the 2nd
defendant never declared the plaintiff/applicant acquisition of the said
property illegal, but a notice to inform him that the acquisition of the said
property was under investigation by the Special Investigation Panel.
“I know as a fact that the
Special Presidential Investigation Panel for Recovery of Public Property was
set up by the Federal Government of Nigeria pursuant to the provisions of
Recovery of Public Property (Special Provisions) Act, Cap. R4, Laws of the
Federation of Nigeria, 2004,” he said.
In their objection, Malami and
Obono-Obla faulted the suit by Mark and described it as a ploy to stall his
ongoing investigation.
Obono-Obla, who endorsed the processes
filed by the respondents in the suit – the AGF and Obono-Obla – described the
suit as speculative and hypothetical.
He contended, in the objection
that the Federal High Court was without the jurisdiction to hear the suit.
He grounds on which he hinged his
argument include that the court has no jurisdiction to grant the relief sought
by the plaintiffs in view of the fact that, by virtue of Section 251 (1) (p) of
the Constitution, the subject matter of the case has nothing to do with the
administration or the management and control of the Federal Government or any
of its agencies.
He said the suit was a disguise
to scuttle criminal investigation of the plaintiff (a public officer) using the court.
Obono-Obla added tha: “This court
has no jurisdiction to stop the Special Investigation Panel for Recovery of
Public Property established pursuant to Section 1 (1) of the Recovery of Public
Property (Special Provisions) Act, Cap. R4, Laws of the Federation of Nigeria,
2004 from carrying out its statutory functions.
“The 2nd defendant (Obono-Obla)
is an agent of a disclosed principal and as such the plaintiff is wrong to sue
the 2nd defendant in his official capacity with his personal name.
“This suit has disclosed no
reasonable cause of action; it is speculative and hypothetical,” he said.
The SPIPRPP, In September this
year, issued a 21-day notice to Mark to quit the property or “show cause” why
the Federal Government should not “enforce the recovery of the property for
public good”.
Rather than “show cause” as
requested by SPIPRPP, Mark head before the Federal High Court where he lodged
the suit and prayed the court to among others, quash all steps taken by the
panel to evict him and recover the house from him.
The case will come up for hearing
on January 22, 2018before Justice Gabriel Kolawole
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