Faroukgate: Lawan Battles Otedola
Nnamdi Felix / Abuja
Farouk who was formerly the chairman of the House of Representatives’ Ad-Hoc committee on Fuel Subsidy probe, told the court that it lacks the jurisdiction to entertain the suit wherein he was alleged to have solicited and received bribe for the purpose of removing Otedola’s companies from list of defaulters of the federal government furl subsidy policy.
In a preliminary objection filed on the embattled legislator’s behalf by his counsel, Mr. Kehinde Ogunwumiju, he asked the court to strike out the suit on the grounds that Section 3 of the Legislative Houses Powers and Privileges Act Cap L12, Laws of the federal Republic of Nigeria, gives him absolute immunity from civil proceedings in respect of his actions on the floor of the House of
Representatives.
While arguing in support of Farouk’s preliminary objection, Mr. Ogunwumiju told the court that Section 251 (1) of the nation’s constitution absolves the court of the power to hear and determine a matter as this, adding also that the suit against his client is pre-mature.
He contended that the jurisdiction to entertain the matter lies with the Federal High Court and insisted that his client acted on the floor of the House in his capacity as a member and that the subject matter of the suit has to do with the revenue of the country.
“The law says that when an Ad-Hoc Committee is set up and a report is submitted, that no cause of action shall arise from the report until a white paper is produced there from or until the House adopts the resolution of that report” the lawyer added.
Mr. Ogunwumiju further pointed out that the Farouk Lawan led ad hoc committee only submitted its report to the House and that at this stage, no cause of action can arise.
The Speaker of the House of Representatives, Aminu Waziri Tambuwal, who is also a party in the suit told the court that he ought not to be a party in the matter.
His lawyers, led by Chief Mike Ahamba, a senior advocate of Nigeria, told the court that the Speaker cannot be a party in the suit as all the issues raised Otedola’s statement of claim do not, in anyway relate to the office of the Speaker or the Speaker himself.
He contended that there is nothing in the suit that Tambuwal can defend as the Speaker of the House of Representatives following the striking out of the House of Representatives and its clerk from the suit.
“Tambuwal is not a necessary party in this suit and as such, his presence is not required”, Ahamba told the court.
While urging the court to disregard these objections to the suit, Mr. Babajide Koku, also a senior Advocate who represented Otedola at today’s proceedings told the court that Legislative Houses Powers and Privileges Act confers immunity on Parliamentarians for words spoken on the floor of the House and pointed out that what is before the court is different, as it involves phone calls from Farouk to Otedola, demanding gratification and bribe.
“Farouk demanded $3 million and forced my client to pay $620,000. That is intimidation. Whether they collected the money in part or in full cannot absolve them and to to say we cannot institute an action is a misconception”, the senior advocate further contended.
Koku insisted that the Speaker, Hon. Tanbuwal, is a party in the intimidation and that makes him a necessary party in the suit.
The presiding judge, Justice Peter Kekemeke thereafter adjourned further proceedings to January 30, 2013 for the court to take its decision on the preliminary objections of Farouk and the Speaker.
Otedola is claiming the sum of N250 billion as compensation from Lawan and the Speaker of the House of Representatives for the loss he suffered as a result of their action.
He alleged that Lawan informed him that his company was going to be indicted for purchasing foreign exchange from Central Bank of Nigeria, CBN, without importing fuel and that in spite of his explanations, Farouk Lawan demanded $3 million as bribe to enable his company, Zenon Oil and Gas
Limited get a clean bill of health.
The billionaire also averred that he became distressed by Lawan’s persistent phone calls threatening him that his company would be included in the list of indicted oil importers unless he pays the $3million and reported the unlawful demands to security agencies who told him to play along by giving marked money to Lawan so as to gather evidence in the nefarious activities of the Lawmaker.
He claimed that the situation got to the peak on April 18, 2012 when the fuel subsidy probe report was submitted, indicting his company, Zenon Oil and Gas Company and further alleged that Lawan called and assured him that his company can be delisted from the list of the indicted oil importing companies prompting him to give $620,000 marked money in two instalments with $500,000 to Farouk and another $120,000 to the secretary of the Farouk Lawan led committee, Hon Boniface Emenalo, on the instruction of Farouk.
With the bribe paid, Otedola averred that Farouk, on April 24, 2012, moved the House to de-list the name of his company from the indicted companies but was still persistent in demanding for balance of $2,380,000 which prompted him to report the incident to the Police.
He therefore asked the court to award him N250 billion for the grave injuries done to his reputation and business image resulting in the substantial loss of goodwill and patronage of his business built over the years.
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