House of Representatives' 17-point-charge against President Obasanjo

Being text of allegations of gross misconduct against Chief Olusegun
Matthew Okikiola Aremu Obasanjo, President and Commander-in-chief of
the Armed Forces of the Federal Republic of Nigeria.

1. That sometime between the months of April and July 2002, the
President purportedly amended the Capital Provisions of 2002
Appropriation Act by reducing the capital budget to 44% without
forwarding the said amendments to the National Assembly for passage
in violation of section 80(4) of the 1999, Constitution which acts
amounts to gross misconduct.

2. On or about the month of July 2002, he issued a Presidential order
purporting same to constitute an amendment to the revenue allocation
Act which action amounts to a violation of section 152(1) and (2) and
section 313 of 1999 Constitution which amounts to a gross misconduct.

3. That from 1999 to 2002 you have consistently indulged in extra
budgetary expenses contrary to section 80 (2), (3) and (4) of the
1999 Constitution which act amounts to a gross misconduct to wit:

(a) Expenditure on the National Stadium Contract in excess of
appropriated sums

(b) Expenditure on the National Identity Card project. He authorised
the spending of the sum of N9.5 Billion vide letter of credit as
against the sum of N5.9 Billion cumulatively approved for the years
2001 and 2002 in the Appropriation Acts respectively.

(c) He authorised the purchase of 63 houses and their furnishing for
Ministers in the years 2000 to the tune of N3,019,53,178.06 without
any budgetary provisions in the 2000 Appropriations Act.

4. That in the year 2000, he authorised the deployment of military
troops to Odi to massacre innocent citizens without recourse to the
National Assembly contrary to section 217(2) C of the 1999
Constitution which requires firstly for some conditions to be
prescribed by an Act of the National Assembly for the use of the
Military in that regard.

5. That in the year 2001, he without lawful authority authorised the
deployment of military troops to Zaki Biam, which occasioned the
murder of innocent citizens and the destruction of properties,
contrary to Section 217 (2) C of the 1999 Constitution which requires
firstly for some conditions to be prescribed by an Act of the
National Assembly for the use of the Military in the regard.

6. That in the year 2002, he refused to fully implement the recurrent
budget as it affects the salaries of staff and overheads of
ministries contrary to the provisions of the Appropriation Act 2002,
which amounts to gross misconduct.

7. That in the year 2002, he refused full payment of recurrent
expenditure for the judiciary as it affects monies for the payment of
salaries and overhead costs contrary to the Appropriation Act of 2002
which act amounts to gross misconduct, contrary to sections 80(3) and
162(9) of the Constitution.

8. (a) On or about the 31st day of October 2001, the office of the
Accountant-General of the Federation issued two separate letters
mandating the Governor, Central Bank of Nigeria, Abuja to debit
(CBN/NCCUSD Account No.400938294 with Chase Manhattan Bank, New York
in the sum of USS 40 million (Forty million United States of America
Dollars) and N16,015,500,000.00 (Sixteen billion, Fifty-one million,
Five hundred thousand Naira) without enabling legislation by the
National Assembly.

(b) On or about the 31st day of October 2001, the office of the
Accountant General of the Federation by the aforesaid letters
mandated the Governor, Central Bank of Nigeria Plc. Lagos Account No.
3582059979001 with Standard Chartered Bank N.Y., 7, World Trade
Center in the sum of USS 40 million (Forty million United States of
America Dollars) and Frist Bank of Nigeria Plc. Account No. 40000701-
35 with Central Bank of Nigeria (CBN), Lagos in the sum of
N16,051,500,000.00 (Sixteen billion, Fifty-one million, Five hundred
thousand Naira) without an enabling legislation by the National
Assembly.

ISSUES GIVING RISE TO CHARGE

· The proceeds from the GSM license auction were disbursed from an
oversea Account maintained by CBN/NCC. S. 162 (1) of the 1999
Constitution stipulates that all revenue or other moneys raised or
received by the Government of Federation shall be paid into and
Federation Account. For this purpose S. 162 of the 1999 Constitution
creates "the federation Account".

· There was no Act of the National Assembly authorising the
withdrawal of the US$ 185 million from the proceeds of the GSM
license auction.

· The mandate letters of the Accountant General of the Federation
prescribed the manner of disbursement from the CBN/NCC Account
without any enabling Law by the National Assembly.

· The President, in authorising the withdrawal of $185 million, has
usurped the powers of the National Assembly and violated the 1999
Constitution.

· The President has similarly violated the principles of transparency
and accountability provided for by S. 162 of the 1999 Constitution in
dealing with and managing the Federation Account. For instance at
what rate of exchange was N16,051,500,000.00 (Sixteen billion, Fifty-
one million, Five hundred thousand Naira) paid out of the CBN/NCC
Account".

9. That in spite of the coming into force of the 1999 Constitution,
he continued to operate and maintain dedicated accounts in the
Central Bank of Nigeria contrary to section 80(1) and 182 (1) of the
Constitution. E.g. Bank for International Settlement Account and
Proceeds for Port Development charges Account among others.

10. That he refused and neglected to pay in full the 13% derivation
revenue to benefiting states contrary to section 162(2) of the 1999
Constitution, an act which amounts to gross misconduct.

11. That Mr. President has refused to appoint a Minister of petroleum
resources which action has occasioned the following violation:

(a) That since inception of this Government in 1999 Mr. President
refused, failed and or neglected to appoint a Minister of petroleum
resources contrary to the Petroleum Act cap 350, laws of the
federation as amended by the petroleum (Amendment) Act of 1996 and
petroleum (Amendment) Act No. 22 of 1998 and thereby authorising the
performance of or performing yourself the functions of the Minister
of Petroleum Resources.

(b) That in breach of Section 9(1) d III laws of the Federation 1990
appointed the Committee which increased the prices of petroleum
products which function is that of a Minister of petroleum Resources
under the said Act, which Act constitutes a gross misconduct.

(c) That a process of establishing refineries through bidding was
established and provisional licences were issued without the approval
of the Minister of Petroleum as required by 3(1) of the petroleum Act
which action amounts to a gross misconduct.

12. That Mr. President has unilaterally cut across board all
overheads cost contained in the 2002 Appropriation Act by 50% without
recourse to and approval of the National Assembly contrary to Section
80(3) &(4) of the 1999 Constitution.

13. That Mr. President has unilaterally merged the Federal Road
Safety Commission, a body established by an Act with the Nigerian
Police without a Bill for an Act to harmonise the two Bodies, or
Repeal the FRSC Act.

14. That Mr. President has, without an enabling Act merged the
Nigerian Bank for Commerce & Industry (NBCI), National Economic
Reconstitution Fund (NERFUND) and Nigerian Industrial Development
Bank to form the Bank for Industry while the Acts establishing the
said institutions are still valid and subsisting.

15. That Mr. President merged the Peoples Bank of Nigeria, Family
Economic Advancement Programme, both bodies established by law and
the Nigerian Agricultural and Cooperative Bank to form Nigeria
Agricultural and Rural Development Bank without legislative authority.

16. That in the year 1999, Mr. President appointed Mr. Musiliu Smith
as Inspector-General of Police without consultation with the Police
Council, contrary to the 1999 Constitution.

17. That Mr. President caused the appointment of, and Service as
Acting Auditor-General of the Federation for a period exceeding six
months without Resolution of the Senate contrary to Section 86 (3) of
the 1999 Constitution which act Amounts to a gross misconduct.
September, 2002

Read the Response to this Allegations by President Obasanjo