E.R.R

E.R.R

Saturday, July 14, 2012

$620,000 bribery latest: Otedola under pressure…To end feud with Lawan

















CHAIRMAN of Zenon Oil, Chief Femi Otedola may be under intense pressure to cease the fire of his no-holds-barred onslaught against the embattled former Chairman of the House of Representatives Ad-Hoc Committee on Monitoring of Subsidy Regime,Mallam Farouk Lawan.
Sources disclosed that some individuals who claimed to be Lawan's acquaintances approached Otedola recently with an alleged plea to him to soften his strategy in exposing Lawan's alleged $620,000 Bribery Scandal. This according to sources is to enable them find a subtle way of resolving the crisis in order to avoid its disastrous consequences. 
“Otedola has been under serious pressure since the video tape of his alleged encounter with Lawan was relayed by an independent national television. He has held discussion with certain individuals who claimed to be sympathetic to Farouk Lawan but stated that they were not sent by Lawanperse. The self-appointment emissaries said they are political activist and businessmen based in Abuja and Lagos. They claimed to be members of a popular conservative party.” One of our sources said, adding: the meeting was held in the house of a Lagos based party chieftain and another in the Victoria Island home of a wealthy businessman.”

National Daily sources said that the “emissaries” tried to prevail on Otedola to suspend his intention to release more video tapes to establish his allegation that Lawan demanded and received bribe from him in April. He was asked to withhold his intention until the grounds of amicable resolution is worked out between him and the “emissaries”.

Recall that Otedola had given an indication that the audio/video tape he released recently to the public is a tip of the iceberg assuring that more audio video tapes will be made public soon.

National Daily learned that the emissaries though claimed to be independent of Lawan and the House of Representative leadership offered to lobby the oil subsidy management committee to show appreciation of Otedola's decision to mellow by also withholding further action on the oil subsidy report.” Otedola was urged to stop insisting that the ethics committee should hold hearing on his role in the bribery saga on the public in order not to cause further embarrassment to Lawan personally and the general House” our source said.

It was gathered that the leadership of the House of Representatives is worried that if Otedola is allowed to have his way and ethic committee's hearing is eventually conducted in the public it will further damaged the image of the lower Assembly as Otedola may adduce more evidence to prove his case against Lawan. “The committee is concerned about firsthand information report by the media if there is a public hearing attended by National Assembly correspondents,” our source said.

PDP rattled
National Daily sources further informed that apart from those who claimed to be sympathisers of Farouk Lawan, some other top politicians and influential Nigerians have been allegedly pleading with Otedola to temper justice with mercy in order not to heighten the fragile security situation in the country. These group of people are said to have also become afraid that the exposition of so much corrupt practices by serving government officials who are members of the ruling party may adversely affect the fortune of the party in future elections apart from the security implications.
“The PDP leadership is becoming increasingly worried by the spate of corrupt practices being linked to its members in the public office. They are afraid that if the propensity to blow the lid on such scandalous stories open is not checkmated, it will ultimately worsen the security situation in the country as well as work against the party at the poll in 2015,” our source said. Adding, “PDP National Officials have been discussing the Otedola/Lawan imbroglio with a view to finding easily agreeable way out.

The ruling party frowns at the escalating scandal and would like the two parties to shield their sword. It is difficult making a choice of whom to back up against the other because of the negative implication of the scandal involving two party men. The two eminent citizens are also said to be of vital importance to the party even before the scandal. While Lawan had been a respected member of the House whose activities attracted modicum of respect to the parliament controlled by PDP, Otedolais one of the notable financiers of the party. So, for the ruling party it is a hard choice between the hen and the cock,” our source said.

National Daily learned that some concerned PDP National Officers met President Goodluck Jonathan recently to express their worries over the Otedola Lawan bribery scandal.

“You know, the president is unhappy with all these scandals bothering on corrupt practices. He was particularly miffed that the name of a law maker Mallam Farouk Lawan, renowned for his views in matters of transparency, was associated with such a shameful case of financial sleaze. But you know the president's hands are tied by virtue of his high position. He doesn't want to be seen as a president who condones corruption or one who obstructs the cause of justice. He wants the law to take its course. He is neither for Otedola or Lawan. So, when some of these influential persons visited him in Aso Rock and told him to intervene in order to save the image of the party from further damage, he declined to do so,” our source said.
Meanwhile, Otedola has also insisted that the law should take its course in the matter between him and Lawan. He refused to totally oblige the emissaries their request for peaceful resolution of the feud but rather gave an open-ended condition for such request to be granted.

“Otedola told the emissaries to convince Lawan to tender a public apology to him and make written copies available to the police and National Assembly if he seriously wants a peace dialogue to hold. But Lawan must know that there is a caveat: withdrawal of the case from the security agencies and court is no longer mine personal prerogative but that of the law court itself. However, my view is very relevant,” our source said adding.
“Though the emissaries denied that they approached Otedola at the behest of Lawan, the billionaire businessman suspects that Lawan may at least have known about their visit to him. The visit to him in Lagos may be either Lawan's strategy to yet unfolded scheme or a tactic to test the extent of Otedola's resolve to prosecute the case. But it is obvious that Lawan is walking a tight rope, his reputation is a mess and this is not good for a young man with hitherto bright political future,” our source said.

Evidence
In one of the audio clips of the transaction that was played by an independent television stations, the tape which ran for about two minutes contained a conversation believed to be between Otedola and Lawan, a voice believed to be Otedola's was heard discussing the venue, where the bribe money would be given to Lawan. The audio clip apparently indicated the two were already in the middle of a conversation before the tape started rolling. It also indicated that one 'TJ' Perhaps served as a go-between for the bribe giver and the bribe taker.

From the conversation too, it could be deduced that the first installment of the $620,000 allegedly paid Lawan by Otedola was delivered at an airport though the name of the airport remained unknown and also the source of the audio clips to the television is still unknown.

It was also reliably gathered that the businessman's company which had been removed from the list of subsidy thieves on the request of Lawan has however, been re-listed by the House following the outbreak of the bribery scandal had led toOtedola'sreaction.

Otedola, who is suing along with Zenon as the first plaintiff, said in his 28-paragragh statement of claim that the re-listing of Zenon on the list of indicted companies was an act of conspiracy. He claimed the alleged conspiracy by both Tambuwal the Speaker and the National Assembly was calculated to embarrass him and his company.

In his statement of claim, Otedola states “Notwithstanding the on-going police investigations” and the first defendant's admission of receiving money from the second plaintiff, the second and fourth defendants conspired to relist the name of the first plaintiff to the list of indicted companies, to embarrass the plaintiffs and their corporate and business image.

“The Plaintiffs shall contend at trial that the conspiracy by the second and fourth defendants (Tambuwal and the Notational Assembly Representative) to re-list the name of the first plaintiff on the list of companies indicated by the adhoc committee is entrust basis given that the committee's finding was arrived at without proper verification of document submitted by the plaintiff to aid their enquiry.”

He narrated how Lawan allegedly demanded $3million bribe in the course of the committee investigation and how he made several other intimidating calls so that Zenon would be included on the list of indicted companies if he failed to comply. He opined that the Lawmakers did not relent in his demand for the bribe despite telling him that there was no basis for Zenon to be indicted by the committee.

Otedola said that when the threat got to the peak, he later took to the advice of some security agencies which asked him to play along with Lawan. He states further.' In the course of carrying out his assignment, the first defendant (Lawan) as head of the adhoc committee set up by the second plaintiff (Otedola) had informed him that the first plaintiff (Zenon) was going to be indicted by the adhoc committee for purchasing foreign exchange from the Central Bank of Nigeria without importing petroleum products unless the plaintiff parted with a bribe of $3million.

“The first defendant continues to make harassing phone calls to the second plaintiff calculated at intimidating the plaintiffs to meet the unlawful demand of the first defendant for bribe. The second plaintiff faced with the first defendant's unrelenting barrage of intimidating calls became distressed and contacted the security agencies to report the first defendant conduct.

“The plaintiffs were advised by the security agencies to play along and hand over marked notes to the first defendant and his cohorts for the purpose of gathering evidence of their nefarious activities.”

In the purported sting operation, Otedola states that out of the $620,000 bribe, $500,000 was taken personally by Lawan on April 24, and that $120,000 was handed over to the Clerk of the committee, Boniface Emenalo. He also says that he would produce “all call logs and audio-visual records of conversation and/of meeting” held with Lawan to prove his case and he gave the details of how the sum of $800,000 was handed over to the first defendant by the second plaintiff on April 24, 2012 and the second payment, a further sum of $120,000 was handed over to Boniface Emenalo.

Lawan's strategy
Contrarily, Mallam Farouk Lawan was said to have set to shock Nigerians with proofs of his innocence. Lawan had once said he would be vindicated at the end of the investigation. During the interrogation by the House Committee on Ethics and privileges commenced recently on the sum of $120,000 Lawan allegedly collected from the chairman of Zenon, Lawan, who entered the investigation room at 1:06pm appeared unruffled by the media attention before the chairman of the House Committee on media and public Affairs, Zakari Mohammed, stated the reasons for the committee to hold the investigation behind closed door.

According to a source from the committee, who pleaded anonymity, the lawmaker was not only relaxed throughout the session, he was very cooperative and was ready to assist the committee in its assignment. Saying that Nigerians are in for a shock concerning the bribe, the source affirmed that the issue of the whereabouts of the money would be laid to rest by the time the report of the committee is taken before the House.
The sources stated that “Lawan was confident in the way he carried himself, because he has proof. He did not forge and he gave us relevant things we requested from him.” You know he was vice chairman of Ethics Committee in 1999, so, he knew the extent the Ethics Committee could go. The reality is that he has all the text messages. His evidence that will shock everybody with the little we got from him.

The source also said that the committee was cautious but firm about the whereabouts of the cash, going by past experience. “Nobody saw any money with the former speaker. AdolphusWabara. Where he fell into the trap was that he allowed himself to be deceived. They cajoled him that he should accept that he took the money and that he would pay back and there won't be any problem. He fell for it and went and dropped the money, they nailed him.

“As for Farouk, he did not deny collecting the money as he seemed to be aware of the consequences, but the whereabouts of the money is what the investigation should determine.” He stressed that the main focus of the committee is to ascertain the relationships between the alleged bribe and the outcome of the report.

“Our own job basically is to find out if he went out to take bribe to influence the report in any way. You should not forget that Otedola has three companies involved in the case.”

“One can recall that the report was tabled on the 19th of June, 2012. If they had taken money from anybody why would they be indicted? You know their mandate was PMS. This is a very simple matter. If your company was not involved and you have documents to back it up then present it.
“In the case of Zenon, he made documents available. But as for AP, he did not present any document and that was why AP was still there. He started helping the committee by giving them information. At the end of the day, it turned around. The story changed and started with some threats, but Farouk went to get that money to save himself, not knowing at that point too, the man was also looking for how to blackmail him. “That is basically how far I can go with you until the man appears before us to have a look at another angle to the saga. But from what he has Nigerians will be shocked.

House of Reps'conspiracy
Meanwhile, Otedola, last week appeared before the House committee but refused to speak in protest against the committee decision to hear him in secret. Reacting to one of the audio clips of the transaction that was played by the Lagos-based independent Channels Television, Lawan denounced the audio tape recording, adding that it was manipulated. Lawan, who spoke though one of his lawyers, Chief Mike Ozekhome (SAN), challenged Otedola to release the complete audio and visual recordings without editing them. He described the audio tape as being “funny, phony, satanic and manipulated.”

A statement signed by the counsel reads in part, “we are counsel from Farouk Lawan. He drew our attention to an audio visual piece of news aired on Channels Television which purported to be a conversation between Mr. Femi Otedola and our client, Mr. Farouk Lawan. On his instructions, we hereby state that the audio is infertile, vague, puerile and inadmissible in evidence by our court of law or Tribunal. One simple question here! Where is the visual of the audio?”

Lawan also challenged Otedola, or the police, State Security Service, SSS, to produce this complete audio video, unedited and undoctored. He said Otedola had the opportunity of doing this through Channels TV, but regretted that the oil magnet did not do this.

“He will certainly require forensic evidence to prove this to be true in this highly technologised world of manipulative evidence that can easily turn a man into a woman.” Lawan challenged Otedola to air the entire audio and also complete video for Nigerians to see the setting and the environment in which the alleged bribe took place.

The former adhoc Committee of Management of Fuel Subsidy Chairman said this would contain the complete conversation between the two of them. He concluded that the entire footage of the released audio was “devilish, satanic, lactiferous, mischievous and completely taken out of context.”

As if this was not enough, another audio tape aired by channels indicated that the former chairman of the House Committee on subsidy management truly involved in the shade deals with his purported plea for secrecy agreement. According to the audio recording Lawan's purported voice was heard demanding secrecy in the agreement. He told Otedola of the strategy to be adopted by the committee to exclude the businessman's company from the list of indicted companies.

He said he learned that Otedola had told somebody that he (the Zenon oil boss) had found a way round the probe problem. Adding that he purportedly pledged to “spring a surprise on the floor” of the House of Representatives meanwhile, the businessman's voice was heard saying “God bless you” in response to the statement made by the lawmaker in the conversation.

Apart from the audio tape aired by channels, the oil magnate, who was sighted honouring the invitation by the House of Representatives Committee on Ethics and Privileges was said to have refused to answer all questions posed at him. He protested the exclusion of reporters from the meeting, saying holding it behind closed door was contrary to the committee's initial promise. Otedola was also said to have told the lawmakers he was not a hungry man like them and that he is a businessman.

When asked why he did not response to the committee's question, Otedola said the management of fuel subsidy headed by Farouk held all its sittings in public, the House Committee on Ethics and privileges publicly stated that its investigation will be held in public which the issue arouse so why will they now made a u-turn.

In his word “it is therefore surprising and curious that this committee has made a u-turn to hold its investigative sittings in camera, particularly in the light of unfoldinging events. I strongly believe that the interest of the public will not be best served if the investigation is held in cameral.”
“I have nothing to hide and will only speak on this issue when this investigation is conducted in a very transparent manner and the press as well as the general public is allowed to be present at the sittings of this committee from the beginning to its conclusion.”

To buttress his point, his Lawyer Mr. BabajideKoku, who maintained the earlier position of the oil marketer on the proceeding of the meeting, said Lawan had been inconstant and he had lied four times on four occasions. “He said first, Lawan denied accepting the money and later turned around to admit that he collected the money. “He said he gave Jagaba the money; Jagaba denied receiving the money. He said he had discussed the issue with the EFCC Chairman, the EFCC Chairman has denied. He said he collected $250,000 at protest that is not the position.” 

Confrontation
Meanwhile, Lawan, who was said to have reacted to Otedola's demand of a public inquiry, said he has nothing to hide. Reacting though his counsel, Chief MikelOzekhome (SAN), Lawan said he had been looking forward to a face-to-face confrontation with Otedola.

Ozekhome said “our reaction is that it is a very good development for Farouk Lawan so that the ducken will come home to roost finally. For so long, Farouk Lawan has called for a face-to-face confrontation with Mr. Femi Otedola to enable him ask pertinent questions in the full glare of the public. Lawan is not afraid, he has wanted it, and he has nothing to hide. It is only those who bring maggot-infested pieces of firewood into the house that would be afraid of an invasion by lizards.”

Lawan has informed me that he has more than 50 questions to ask Otedola before the full glare of the camera. The encounter will be mother and father of all political and integrity was ever fought on the face of modern earth. He would want to ask why it was Otedola who first called Lawan (who never had his number) and made himself the unofficial consultant to the committee, giving the committee secret details about his fellow oil marketers and very sensitive audit reports which were not available to Lawan and the committee.”

“He will want to ask him why he suddenly metamorphosed from being a voluntary friend to the committee to a foe who allegedly gave bribe money. He would want to ask Otedola who inspite of the alleged bribe money, his two companies were still indicted. He will also challenge him to show the video where he (Lawan) put some dollars in his pocket and balance under his cap. More importantly, he will challenge Otedola to show the reconciliation between his assertion that he was to give Lawan $2.5 million and his earlier assertion that he had already paid Lawan and the secretary of the committee, Boniface Emenalo $620,000.”

“If you add $2.5 million and the $620,000 that will become $3,120,000 contrary to the $3 million which Otedola told the world that Lawan demanded from him as bribe. He will also ask Otedola to show if he used the State Security Service (SSS) in a so called sting operation and how he (Lawan) and Boniface Emenalo collected money on four occasions without being arrested by security agents. And why it took Otedola nearly two months before he told the world about the so-called sting operation more than one month after Lawan (the complainant) had already interacted with the Special Task Force (STP) of the Nigeria Police, which is headed by CP Ali Amodu.”

Recalling that in the so-called part one of the alleged conversation between the duo aired last week on Channels television, Lawan was portrayed as an incoherent, stammering, unsure and sluggish speaker, who could hardly get out his carefully weighed words.” This second part has more than ever before confirmed Lawan's worst fears that the entire audio play back is a doctored, edited piece of animated voice that does not belong to him and which only forensic evidence can unravel.”

Ozekhome concluded that the motives behind the audio are invidious, insidious and that the entire audio playback of last Monday and Tuesday was of “dubious and questionable pedigree.”

Also, the committee chairman Gambo Dan-Musa condemned the conduct of the oil magnate during his appearance last week. He said the committee in the course of finding out the truth and by the principle of law and provisions of the constitution on fair hearing. “We have to call the relevant parties; that was why we call him. Apart from refusing to answer our questions, he insulted us and was laughing at us.

“It was very stupid of him and we are not happy because we cannot have a respected standing committee of this nature and someone will come and tell us that he is a businessman and not hungry like ourselves. Do we look like hungry men, ladies and gentlemen?

“We only want to express our feelings that we are not happy with what transpired. We thought we could help to know our position. We have invited him he has refused to answer questions. We will continue to invite other relevant parties, we will continue with our job and our commitment to do justice to this exercise should not be in doubt.”

The anxiety generated by the Otedola-Lawan bribery scandal has gripped Nigerians across the country. Now, most Nigerians want to know between Otedola and Lawan who is the saint and who is the sinner?

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