In compliance with the request, the Efcc Efcc Nig undertook the investigation and interviewed as many of the named persons and companies as possible. In the course of its investigations, the EFCC stumbled upon likely violations of Nigerian laws relating particularly to alleged conspiracy, fraudulent conversion of funds, corrupt practices and money laundering by some Nigerian public officers and other persons. The relevant information was provided to the US Authorities and a comprehensive report submitted by Nuhu Ribadu to Mr President.
The report identified several persons that may have violated the following laws of the Federal Republic of Nigeria, like the Penal Code Act, the Anti-Corruption Act 2OO3, the EFCC Act 2004, the Money Laundering Act 2004, the Code of Conduct Bureau and Tribunal Act and some provisions of the Constitution of the Federal Republic of Nigeria relating to conduct of public officers.
It is against this background that President Olusegun Obasanjo set up an Administrative Panel of Inquiry to examine the Report and make specific recommendations concerning member(s) of cabinet and other public officers that are named and investigated therein.
The Administrative Panel was chaired by the Attorney-General of the Federation and Honourable Minister of Justice, Mr Bayo Ojo, SAN with the following as members:
I. Otunba Bamidele Dada, Minister of State–Agriculture
- Major-General Abdullahi Sarki Mukhtar (Rtd) –National Security Adviser
- Malam Nasir EI-Rufai, Minister of the Federal Capital Territory
4.Mrs Obiageli Ezekwesili, Minister of Education
The Panel was empowered to interview anyone concerned if necessary and request for more information from any quarter to enable the discharge of the administrative nature of its mandate. In this regard, the President voluntarily provided hitherto classified copies of correspondence exchanged between himself and Congressman William Jefferson to assist the Panel. The Panel was given one week to submit its report, but this restriction was modified to allow time to undertake a thorough review of the Report and other supporting documents as well as meet with key dramatis personae therein.
Methodology
The Panel proceeded with its assignment in the sequence described hereunder:
(i) Study and review of the EFCC Investigation Report’Ref. EFCC/EC/0l/l04 dated August 24, 2006 and the supporting funds flow chart.
(ii) Identification of any gaps and inchoate activities in the investigation which may have bearing on the current administrative inquiry, or areas of further investigation.
(iii) Interactive sessions with EFCC operatives to seek clarification of issues, events and assertions in the Report.
(iv) Requests for supporting documents and additional information With respect to conclusions and recommendations contained in the Report.
(v) Meetings with the following public servants to seek further clarifications regarding some aspects of the report:
(a) Vice President Atiku Abubakar, GCON
(b) Ahmed AI-Mustapha, Registrar-General, Corporate Affairs Commission
(C) Nda Yakubu, Former Deputy Director in the Office of the Accountant-General of the Federation and now Director of Finance – Federal Inland Revenue Service.
Panel’s Observations
It is pertinent to say that the investigation conducted by EFCC was instigated by a request by the United States’ Government through its Department of Justice. Specifically, the US Authorities wanted investigation by EFCC with regards to business deals between IGate, an American company and NDTV, a Nigerian company. The request listed 31 names of persons, firms and organizations with a view to ascertaining any fraudulent acts in collaboration with public officials in Nigeria and US. The US law enforcement agents were particular with the involvement of:
(a) Vice-President Atiku Abubakar
(b) Otunba Fasawe
(c) Ahmed Vandapuije
(d) NDTV of Nigeria,
Vis-a-vis their relationship with Congressman William Jefferson and IGate.
In the course of the investigation, EFCC invited the 22 persons listed in the Report. EFC also sent out fact-finding letters to some ministries and parastatals. It Is worthy of note the EFCC in the report stated that up to the time of writing, it had not received any response from the Ministry of Foreign Affairs regarding any evidence from the Nigerian Embassy in the US concerning W. Jefferson’s business connections in Nigeria.
The Panel contacted our Ambassador in the United States directly and was informed that the Embassy did not receive notice of EFCC’s request from Its supervisory Ministry, the Ministry of Foreign Affairs (MOFA). The Panel took critical note of the Inaction of the MOFA on this matter.
The same goes for NNPC. The EPCC stated that its operatives contacted NNPC for information with regards to grunting any concession for petroleum products to any of the lists individuals, and that they are yet to receive any response. The Panel directly contacted the GMD, NNPC who promised to avail the Patti with the details of action taken on the EFCC request but yet to do so at the time of concluding this report.
While we are expected to peruse the EFCC Report, going by the terms of reference of the Panel, our main concern is with particular reference to any public officers investigated. Among the names mentioned in the report, only the VP Atiku Abubakar is a cabinet member while others are public officers and private Individuals.
VICE PRESIDENT ATIIKU ABUBAKAR
The VP supervised the PTDF among other agencies. He admitted he authorised the placements as deposits in the banks based on the satisfactory reasons given by the Executive Secretary PTDF. He admitted ES-PTDF forwarded requests for release of funds to him and he would decide which was necessary to be sent to Mr President for approval. On the US$50m approval/placement, he claimed he could not remember if he was involved or not.
