N10b Aircraft Charter: Diezanni Again Fails To Stop Probe

Following the failure of House of Representatives to appear before a Federal High Court siting in Abuja on Monday to clear the air on its claims that a purported order made by the court had barred them from going ahead with a scheduled investigative hearing on the alleged N10 billion aircraft charter by Minister of Petroleum, Diezanni Allison Madueke and the Nigeria National Petroleum Corporation, NNPC, the embattled minister urged the court to grant her the reliefs she's seeking for in view of the way and manner with which the House of Reps is treating the Court's directives.

The court had issued the directives on 29th April following media reports quoting the House of Representatives’ spokesman, Zakari Mohammed that the planned investigation of Alison-Madueke and the Nigerian National Petroleum Corporation by the House’s Committee on Public Accounts had been stopped by the court.

The House of Reps was neither represented by its official nor a lawyer, which prompted the minister's lawyer, Mr. Etigwe Uwa, a senior advocate of Nigeria to note that the legislative body was treating the court's directives with levity and observed that even when the House was served with the court’s order to show cause why the his client's prayer for a restraining order and order for maintenance of status quo, as contained in its motion on notice, should not be granted, that the House ignored the court and went on to addressed a press conference where it claimed to have been restrained by the court.

“With regard to the non-appearance of the House of Reps in spite of the order of this court, to appear and explain the source of the order in question, we urge this court to make an appropriate order to bring the 2nd defendant before this court in line with the order made, and also, direction that will allow the res in this matter to be preserved in the interim,” the lawyer stated.

He also informed  the court about a telephone conversation between him and another senior advocate, Mr A. B. Mahmoud who is said to have been engaged by the House of Reps and argued that the House did not explain why it is only this morning that a counsel is being instructed.

However, Mr. Yakubu Maikyau, also a senior advocate of Nigeria, who represented the National Assembly at the proceedings opposed the subtle call by the minister's lawyer for the court to preserve the res of her case by ordering the lawmakers to hold on on further deliberations on the matter pending the determination of the suit. He noted that as bad as the controversial press conference was, that it explicitly contained a position by the legislators to suspend further investigations into the multi billion Naira aircraft charter pending clarifications from the court and argued that the subject matter of the suit is not threatened and urged the court to further grant the House of Reps some indulgence, by adjourning the matter to enable their lawyer to appear and explain the true position of things.

The House of Representatives had at a media briefing held at the National Assembly on the 28th ofApril, the day the minister and top officials of the NNPC were expected to appear before the Public Accounts Committee of the House and told newsmen that it was suspending its investigation into the N10b aircraft lease allegation on account of a purported restraining order from the court.

In his ruling, the judge held that the court is minded to indulge the House of Reps, but insisted it must obey the order directing it to appear and explain where it got the restraining order it referred to during its press conference.

“As far as this court is concerned, the order of April 29, 2014, requesting the House of Representatives to appear before this court to clarify whether it was served with a restraining order by this court, regarding the investigation of the plaintiffs in this case, still stands. Today, as the return date, and being the date the they were expected to appear the court is told that the House has engaged the services of Mr. A. B. Mahmoud SAN to represent it in court. While it is their constitutional right to be represented by the legal defendant of its choice, the point should be made that the order of court made on April 29 directing the them to appear before this court still stands"

The judge noted that the need the House to appear and give a clarification cannot be overemphasized since they had told the whole world that this court has restrained them from conducting further enquiry against the Minister of Petroleum Resources whereas the record of this court shows that no such restraining order was made by this court.

“Now, I pause here to ask this question. Is it not in everybody’s interest to know what documents the House of Reps relied upon to make the press statement under reference, that it was restrained from conducting further investigation? The answer is in the affirmative.

“However, in the interest of justice, I will excuse their absence in court today, believing that as a responsible institution, it will honour the order of the court and appear on the next adjourned date"

This matter was thereafter adjourned to 26 May for the House of Reps to appear as directed on April 29 to clarify the issue of being served with a restraining order.