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minister of petroleum resources
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There was an allegation that minister of petroleum Dieziani Alison Madueke spent #10billion to chatter private jet on all travels for the last two years.
The spokesman for the House of Representatives, Zakari Mohammed, had
at a news conference on Monday 28 April 2014, announced that the House had received a
court order stopping the Public Accounts Committee from going ahead
with the probe.when the case came up for hearing on
Tuesday, the obviously angry judge expressed shock at media reports
that he had issued an interim injunction stopping the investigation.
Mohammed initially blamed journalists for the ‘misinformation’ before he was informed that it emanated from Mohammed.
To set the records straight, the judge
adjourned the hearing and ordered the House to appear before the court
on May 5 to explain where such order came from.
The House which is the 2nd defendant in the suit was not represented by any lawyer during Tuesday’s proceedings.
But the counsel for the National
Assembly, Y. C. Maikyau (SAN), was present in court, alongside
Etigwe Uwa (SAN), the counsel for the plaintiffs – Alison-Madueke
and the Nigerian National Petroleum Corporation.
In a short ruling after both counsel
had exonerated themselves from the report on the court order, the
judge said, “I have seen a press release in the media said to have
been issued by the House of Representatives that this court has made an
order restraining the House from continuing with the probe.
“As far as I am concerned, and as the judge presiding over this case, no such order was made.”
Mohammed also noted that he only
ordered the defendants – the National Assembly and the House – to be put
on notice after the plaintiffs’ counsel moved an ex parte motion
praying for an order of interim injunction to restrain the House from
summoning the minister.
He said, “This court in a ruling
directed the defendants to appear in this court on April 17 and show
cause why the interim order should not be made.
“On April 17, the plaintiffs’ counsel
informed the court that processes have not been served on the
defendants owing to the Nyanya bomb blast and the court adjourned till
today (Tuesday, April 29).
“As the press release was issued by the
House which is the 2nd defendant in this suit, and as the House is not
represented in court today, the only fair thing to do is to adjourn this
matter and issue the House with a hearing notice to appear before the
court and clear the air on whether it had been served with a restraining
order issued by this court.”
The Director, Legal Services of the
House of Representatives, is expected to appear before the court on May 5
to shed light on the false court order.
Earlier, counsel for the plaintiffs had washed his hands off the development.
The judge had wondered whether the
plaintiffs’ counsel was behind the misinformation but Uwa spiritedly
professed his innocence, laying the blame on the House.
“The press release was circulated to media houses by the House ,” he said.
Maikyau also distanced himself from
the alleged restraining order but went ahead to apologise on behalf of
the Director of Legal Services.
“There is no report that it was the
Director of Legal Services of the National Assembly that was behind such
information – I apologise,” he said.
He noted that it was strange that the
report on the order was released on Monday, several days after the
court directed the defendants to appear before it to show cause why
the relief sought by the plaintiffs should not be granted.
“I knew that something was wrong because
that order (to appear before the court) has been subsisting since April
14 and if any other order was made on April 17, it would have been
published since,” Maikyau added.
In the suit, Alison-Madueke wants the
court to make an order of interim injunction restraining the National
Assembly and the House “whether by themselves, their members,
committees or agents from summoning or directing the appearance of the
applicants before any committee particularly the Public Accounts
Committee set up by the House …”
The minister also asked the court to
stop the committee from asking her or any official of the ministry or
the NNPC to produce any papers, notes or other documents or give any
evidence in line with a letter from the House dated March 26, 2014,
pending the hearing and determination of the motion on notice.
She also asked for an order of interim
injunction restraining the National Assembly and the House from
issuing a warrant to compel her attendance, or the attendance of any
official of the ministry or the NNPC, with regard to the investigation.
Meanwhile, the Speaker, Aminu
Tambuwal, has said that the House had resolved to seek a legal
opinion on Madueke’s decision to sue the legislature over the
investigation.
Tambuwal clarified the stance of the House shortly after the judge denied issuing the reported order.
He said when he was briefed on the issue
on Monday, his first reaction was to advise the Committee on Public
Accounts to tarry awhile to enable the House to get the true picture of
things.
Tambuwal spoke at Tuesday’s plenary as
some members complained that the Judiciary was interfering with the work
of the legislature.
They had observed that this conflicted
with the provisions of Sections 88/89 of the 1999 Constitution (as
amended), which empowers the National Assembly to investigate any
official or agency of government for the purpose of exposing corruption.
Tambuwal said, “My attention was drawn to the matter that the minister, the NNPC and other stakeholders had gone to court.
“I immediately sought for consultations.
The result of my consultations is to seek formal legal opinion on the
status of the action, not necessarily because as a lawyer myself, I do
not know the position of the law.”
The judge has asked the house to apear on the 5th of may in court, ACCORDING TO PUNCH NEWS.
