El-Rufai Vs EFCC: The Facts Speak For Themselves

Forwarded by Mallam Mallam Nasir El-Rufai

El-Rufai vs EFCC

The Facts Speak for Themselves 

1. On 18 Oct, 2008, the EFCC vide a letter with reference number (CR:3000/EFCC/ABJ/BF.2/Vol.33/ 389) wrote my client, Mallam Nasir El-Rufai, to present himself before the commission to clarify matters relating only to petitions written against him with regard to a petition by Suleiman Yahya of Rosehill Nigeria Ltd, on :

 i. Allocation of so-called PHCN land

 ii. Allocation of NIPOST land 

2. In a reply to this invitation dated 28th Nov., 2008, on behalf of my client Mallam El-Rufai, I intimated the commission about the strenuous nature of his studies abroad and impending Fall Term examinations he was about to take. I requested from the commission a questionnaire on the two subjects for my client through me, which he would gladly fill and assured that I will be at hand constantly to clarify any issue perturbing the commission since I am knowledgeable of the matter. 

3. Strangely and most inexplicably, the EFCC proceeded to issue a 2 week ultimatum to El-Rufai to appear before it or it will declare him a wanted man for a matter that has endured for 2 or more years, is not of urgent national importance, and with a lawyer who has comprehensive documentary brief at hand to speak on his behalf at the EFCC. 

4. Feeling apprehensive about the strange logic and difficult to explain nature behind this ultimatum, El-Rufai approached the Federal High Court on 15thDecember, 2008 for the enforcement of his fundamental human rights which are now under severe threat. Court papers were duly served the EFCC on 16thDec., 2008 (copy attached). 

5. In a bizarre and most disturbing turn of events, the EFCC, in utter disregard of a court order, validly served it, and as a servant of an administration that prides itself as a respecter of rule of law and due process, proceeded to declare El-Rufai wanted with fanfare, and in all available mass media channels, not for only the so-called PHCN and NIPOST matters for which he was invited to appear before it, but also for an unrelated issue of N32 billion proceeds from the sales of FGN properties in the FCT which has never been an issue between the EFCC and El-Rufai. 

6. Regarding the issue of the N32 billion alleged unaccounted for proceeds from the sales of the FGN properties which the EFCC is now clutching unto as the basis for its ill-advised and illegal action, the records show the following: 

      i. Nasir Ahmad El-Rufai was FCT Minister Between July, 2003 to May 2007 and supervised the Ad-Hoc Committee on the Sale of FGN Houses in Abuja during the period. 

      ii. The Committee for the sale of FGN Houses in the FCT functioned under El-Rufai's chairmanship between 2005 and May 2007. The sales processes were handled by public servants and all the proceeds of sale were collected by the Chairmen of the Ad-Hoc Committee (Dr. Abdu Mukhtar and Mr. Abbas Umar – who are still in the service of the FCTA). The FCT Director of Treasury, Mr. Ibrahim Ibrahim Habu Sule handled all financial matters relating to the proceeds of sale. He is still in the service of the FCTA. 

    iii. The Gross receipt as at 31st May, 2007 stood at N55.88 Billion, from the seven rounds of public biddings. Walk in sales was also conducted in May, 2007. These accounts were jointly audited by Akintola Williams, Deloitte, Touche and Aminu Ibrahim & Co., and submitted to the Incoming Administration. 

      iii. It seems that the genesis of the alleged missing N32 Billion stems from the report of FCT Senate Committee that conducted public hearings on FCT Administrations (1999 – 2007). On page 44 of its report the committee claimed that: 

        "also on sale of FGN Houses, the total receipt is 96.7 Billion and deductions were N34.2 Billion and the balance was given as N62.198B The Bank statements show only N29 Billion, leaving a balance sum of N32 Billion unaccounted for despite all demands from him Nasir Ahmed El-Rufai and his officers."  

      iv. Not only are these statements false, and this is partly why we have challenged the validity, fairness and legality of the entire report, in the Federal High Court - but no one ever requested the officers named above (still in FCTA's service, and not "El-Rufai and his officers") to provide any information which was not furnished. 

      v. It is clear that the Senate Committee reached it's conclusion based on a submission of the FCT Adhoc Committee on sale of Government Houses, containing updated records of transactions up to April 2008. By this submission, total receipts have grown from about N55 billion to N96.74 Billion over 73% from the situation in March, 2007. Most of these collections were made in the nearly one year that Nasir Ahmad El-Rufai was no longer Minister of FCT.  

      v. Nasir Ahmad El-Rufai wishes to place it on record that the Senate Committee, EFCC or any other body never at any point requested him to clarify or explain any issue relating to proceeds of sales of FGN houses. Even if they did he can only account for what happened when he was a Minister, and certainly not thereafter. 

      vi. The submission of the FCT Adhoc Committee on sale of FGN houses to the Senate Committee clearly accounted for the N96.7 Billion received at April, 2008 (and El-Rufai has nothing to do with collections beyond May, 2007) as the following data shows:

0
S/No.Item Amount
 Deductions  
1Total Receipts 96,736,323,257.76
2Transfer to CBN (75%)19,145,104,978.97 
3Transfer to FCT (25%)6,381,701,659.66 
4Expenses1,819,889,739.02 
5Refunds (to 2,191 persons)6,734,636,354.26 
6Returned Drafts and Bank Charges214,423,222.66 
7Total Deductions 34,295,755,954.58
8Available Balance
  1. General Accounts
  2. Facility Accounts
  3. Un-banked Drafts

Sub Total

d) Application Fee

 

45,410,268,273.50

17,019,170,447.53

57,910,800.00

62,487,349,521.03

11,128,582.15

 62,498,478,103.18
 Grand Total 96,736,323,257.76
 

    It is clear that there was no basis for the Senate Committee to declare N32 Billion "unaccounted for", and even if there are explanations to be made, it is for those in charge after May 2007 to do so. This is simply an attempt to smear El-Rufai's reputation by blaming him for the incompetence, greed and sloppiness of his successor. 

    vii. Interestingly, the immediate supervising Minister in charge of FCT, Mr. Remi Babalola, was reported to have publicly declared that the accounts for the sale of FGN houses have been fully reconciled and N46 Billion was recovered and transferred to FGN accounts with CBN. Even though this has nothing to do with Nasir Ahmed El-Rufai or his tenure as FCT Minister, a more pertinent question to ask will be how the money was recovered and under what circumstances? Where had the money gone to when El-Rufai was being accused of "not accounting" for it? 

    viii. It is also pertinent to remind every agency of the Federal Government of Nigeria that the issue of the legality of the smear campaign against El-Rufai, including "N32 billion unaccounted for", and indeed the entire Senate Committee's report are issues for determination before a Federal High Court, a matter that should ordinarily not attract this kind of commentary but for the EFCC's unwarranted action. During the substantive determination of the issues, we will evidence and witnesses that will answer some of the motives behind this whole charade, and will not want to say ay more.



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Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
Abdulmumin posted on 12-22-2008, 16:15:11 PM
The numbers in the appended schedule does not add up to me. I cant seem to make any sense of the second part of the schedule. Can the author or any other math person around please help out.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
AISAGBON OMOGIADE posted on 12-22-2008, 16:26:31 PM
The author of this write-up, writes as the lawyer for EL-Rufai.But it will appear that he shares the same name and surname with the former minister just declared wanted by the EFCC.
The senate committee that probed the activities of EL-Rufai as minister of FCT, indicted him.I think he went to court too to prevent the committee making their findings public.Any ex-public officer that goes to court to prevent him or her from being questioned by security or anti-corruption agency has something to hide.
Mr.El-Rufai should submit himself for questioning instead of trying to hide behind interlocutary injuction.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
I-go-better posted on 12-22-2008, 16:28:06 PM
Truth is, Mallam El-Rufai or Ribadu would have crated similar personage, hands and feet shackled, guilty or innocent to EFCC dungeon and to resounding applauds from the media and general public!

Why do they now feel too important or too innocent to present themselves for routine interrogative invitation? Or is this the instinctive reaction of a hunter feeling being hunted?

Mallam El-Rufai/Ribadu, if you have nothing to hide, Nigerians would know you are innocent and that is what matters. Not exams and logic. Gani had been arrested so many times and accused of so many things by so many past governments, Nigerians never believed any. Today he is the conscience of the Nation.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
NWANZA posted on 12-22-2008, 17:22:55 PM
QUOTE:
Truth is, Mallam El-Rufai or Ribadu would have crated similar personage, hands and feet shackled, guilty or innocent to EFCC dungeon and to resounding applauds from the media and general public!

Why do they now feel too important or too innocent to present themselves for routine interrogative invitation? Or is this the instinctive reaction of a hunter feeling being hunted?

Mallam El-Rufai/Ribadu, if you have nothing to hide, Nigerians would know you are innocent and that is what matters. Not exams and logic. Gani had been arrested so many times and accused of so many things by so many past governments, Nigerians never believed any. Today he is the conscience of the Nation.


The rule of law must be first and foremost in the mind of the accused, and to show example to the younger generation.

If the EFCC invite you to explain anything, please show up with all necessary documents. Moreover, show up in time as scheduled.

There is a reason EFCC was vested with such powers, and you must sit down and reconcile this account with them.

Thanks for sharing & good luck.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
Edoji posted on 12-22-2008, 18:05:00 PM
Is it not ironic that an EFCC that was used to jail a corrupt IGP and send corrupt governors to prison is now used to hunt down the few bright stars of the previous administration.

A classic example of arapu ike nyuru aro, aga kee isi nkpo. While the clearly corrupt Lucky Igbinedion was merely given a slap in the hand; thieving Yerimas, Nnamanis and the Turakis are hourable senators, the bragging Egwus are rewarded with ministerial positions. When these indicted government officials are the power brokers in the present dispensation, is it any surprise that their former prosecutors are being houded and declared wanted? who would be next: Okonji Iwealla?

When President Yar Adua surrounds himself with the Orji Uzor Kalus and the James Iboris, would you wonder why El Rufai who confiscated their illegal houses, and Ribadu that exposed and prosecuted them for corrupt practices are persecuted?

Nigerians are being taken for fools; we are being taken for a ride. It is more neausating when otherwise intelligent men are conned and taken in by these men in power. (for the above gullible commentators)

Moreover, we should be able to identify proxy wars when we see one!
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
AISAGBON OMOGIADE posted on 12-22-2008, 18:22:08 PM
[COLOR="Red"][/COLOR]
QUOTE:
Is it not ironic that an EFCC that was used to jail a corrupt IGP and send corrupt governors to prison is now used to hunt down the few bright stars of the previous administration.

A classic example of arapu ike nyuru aro, aga kee isi nkpo. While the clearly corrupt Lucky Igbinedion was merely given a slap in the hand; thieving Yerimas, Nnamanis and the Turakis are hourable senators, the bragging Egwus are rewarded with ministerial positions. When these indicted government officials are the power brokers in the present dispensation, is it any surprise that their former prosecutors are being houded and declared wanted? who would be next: Okonji Iwealla?

When President Yar Adua surrounds himself with the Orji Uzor Kalus and the James Iboris, would you wonder why El Rufai who confiscated their illegal houses, and Ribadu that exposed and prosecuted them for corrupt practices are persecuted?

Nigerians are being taken for fools; we are being taken for a ride. It is more neausating when otherwise intelligent men are conned and taken in by these men in power. (for the above gullible commentators)

Moreover, we should be able to identify proxy wars when we see one!


A commentator is gullible if he has a contrary opinion from yours.Like Ribadu, El-Rufai rubbished the little good job he did by demolishing houses of OBJ's real or imagined enemies.He should report himself to the EFCC and clear his name.Was the senate committee persecuting him too? Man!! leave matter.No one is a fool!!!!!
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
Ispy posted on 12-22-2008, 19:15:13 PM
I also find it funny and sad that those who have dared to step on toes or do things in a way that's a total departure from the way things are usually done in Nigeria now seem to be those being hounded by our so called corruption agencies.

Yes El-Rufai, Ribadu etc may at some point have allowed themselves to be used to hound Obasanjos enemies, however as i have always maintained i do not think any of those they 'hounded' were innocent, Obasanjo enemies or not. Ribadu did not put huge sums in foreign or local banks and then attach the name of Obasanjo's enemy to the account neither did El-Rufai build a house on land under which sewers, electric cables pass or those earmarked for playgrounds and then pick one of obasanjo's enemies and put their name on the certificate of occupancy.

Basically in as much as i do not proclaim the El-Rufais and Ribadus innocent of any charges against them i just think it is sad that those people who made some sort of meaningful change or impact no matter how small seem to be the ones now being persecuted whilst the iboris, orji Kalus and igbenedions use their illgotten wealth to buy 'JUSTICE'.

I think all Nigerians should not get carried away by just anybody being prosecuted in the name of fight against corruption but also take note of exactly who and who is actually being prosecuted. A key question is, has anybody who was Obasanjo's so called enemy also being prosecuted or are all so called Obasanjo enemies(IBB, IBORI, KALU, IBORI,ATIKU, etc) during his tenure all suddenly become saints by virtue of a change in Government !!!

My personal opinion is that these so called Obasanjo enemies who are more rightly be described as enemies of progress in Nigeria have hijacked this Government and are dealing with all those that stood in their way for eight years.Like a respondent said i guess the next person will be Iweala and possibly Akunyili and we would as is now typical of us Nigerians immediately hail such actions.

NIGERIANS OPEN YOUR EYES AND READ IN BETWEEN THE LINES!!!
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
Katampe posted on 12-22-2008, 19:38:30 PM
you right. when the history of the country is written, and hopefully with the benefit of hindsight, I have a deep feeling we would regret this moment, and questioning and blaming ourselves why we allowed ourselves to be taken for a ride.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
MrOneNaija posted on 12-22-2008, 21:17:52 PM
NAUSEATING WHITEWASH

Isn't it interesting that discredited former public officials in the el-Rufai hue are now resorting to the platform of Nigeria-related websites in a desperate but futile bid to launder their rotten image?

Instead of submitting to summons as requested by the relevant outfits, the individual called Nasir el-Rufai has characteristically opted for the facile, yet dubious posture of grandstanding and playing to the gallery in an obfuscatory manner.

In his puerile ploy to avoid the EFCC, the erstwhile FCT minister is invoking the abject and thoroughly untenable argument that he is currently going to school. This is a brazen attempt on his part to seek impunity. It is sickening how some of these former Obasanjo errand boys are behaving as if Nigeria is still their property.

El-Rufai, as far as I'm concerned, was not qualified to be made FCT minister. His sordid track record as director-general of the BPE was reason enough to exclude him as ministerial material. El-Rufai's controversial tenure as FCT tin god, his recklessness and active contribution toward the defilement of the nation's democratic project during the criminal tyranny of the ex-tyrant called Obasanjo do mark him out as an anti-people element. We agree with the Senate that the man should not hold any public office again in our dear Nigeria.

El-Rufai must pay for his numerous sins against the citizenry.

The following is one good reason why el-Rufai should never go unpunished:
http://www.nigeriavillagesquare.com/articles/aonduna-tondu/el-rufai-and-the-pentascope-scandal-2.html

The EFCC and other state bodies should redouble their efforts in seeing that the likes of Bode George, Ribadu and el-Rufai do not get away with their treachery against the masses of our people.
Re: El-Rufai Vs Efcc: The Facts Speak For Themselves
Akuluouno posted on 12-23-2008, 02:16:04 AM
Esteemed Villagers,

It has become a recurring decimal since Gowon that nimcompoops are first appointed into powerful positions only to use Nigeria as an experiment and later they go back to school to learn how to correct the mistakes of their experiment, a state of affairs akin to closing the barn after the horse has bolted. Such experimentation would have been fun if not that human lives and property are involvedIf I catch El Rufai, I will personally crate him like Umaru Dikko and bring him to Nigeria and personally collect my nationa honour of Member Order of Niger (MON) with EY added as a bonus seeing that my full names are Aku Luo Uno Okwue Ebe Osi which literally means ( When wealth is eventually domiciled at Home, it declares where it came from) and can be taken simply as Charity begins at home
Mugus have already declared that Jehovah El Rufai is god the bulldozer if this tiny funky mallam has not heard
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