Our Ref.: GFC/ADM/GOO/P/1103/2006

Tuesday, October 3, 2006

The Chairman

Code of Conduct Bureau

Federal Secretariat Complex

Federal Capital Territory

Abuja.

"12. Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau."

"3 The Bureau shall have power to-

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal."

IN THE MATTER OF PETITION AGAINST THE BREACH OF THE CODE OF CONDUCT IN THE CONSTITUTION

BETWEEN

CHIEF GANI FAWEHINMI, SAN ...PETITIONER

AND

GENERAL OLUSEGUN OBASANJO (President of the Federal Republic of Nigeria) ...RESPONDENT

PART A

INTRODUCTION OF THE PETITION AND PARTIES

1. I forward herewith a very serious complaint against the President of the Federal Republic of Nigeria, General Olusegun Obasanjo for gross breach and violation of the Code of Conduct for Public Officers contained in the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999, with regards to his involvement and or interests in Trans National Corporation (TRANSCORP) Plc., an incorporated company that has acquired many public corporations and or national legacies in Nigeria.

2. The petitioner is Chief Gani Fawehinmi, SAN, a Nigerian, a voter, former presidential candidate of National Conscience Party (NCP) in the 2003 Presidential Election, a tax payer, a Senior Advocate of Nigeria (SAN) who swore to uphold and defend the Constitution of Federal Republic of Nigeria and all the Laws of the Federal Republic of Nigeria when he was made a Senior Advocate of Nigeria (SAN) at the Supreme Court of Nigeria on Monday, September 10, 2001.

3. The Respondent is the incumbent and serving President of the Federal Republic of Nigeria who also acts as the Minister of Petroleum Resources and has sworn to observe the provisions of the 1999 Constitution of the Federal Republic of Nigeria.

PART B

4. CONTRAVENTIONS COMPLAINED OF:

4(a) Conflict of interest with official duty contrary to Item 1 of the Code of Conduct for Public Officers contained in Part 1, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

4(b) Acquiring or owning substantial shares/interest in TRANSCORP Plc through Obasanjo Holdings Limited contrary to paragraph 13 of the Code of Conduct for Public Officers contained in Part 1, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

4 (c) The contraventions occurred when General Olusegun Obasanjo, President of the Federal Republic of Nigeria used his company; Obasanjo Holdings Limited to acquire substantial shares in TRANSCORP Plc.

PART C

5. FACTS OF CONTRAVENTIONS OF THE CODE OF CONDUCT FOR PUBLIC OFFICERS BY GENERAL OLUSEGUN OBASANJO

The Petitioner states as follows:

5(a) That TRANSCORP was incorporated on Wednesday, 17th November, 2004 and officially launched on Thursday, 21st July, 2005 at the Presidential Banquet Hall, State House, Abuja, with President Olusegun Obasanjo as the Special Guest of Honour.

5(b) That the corporate objectives of TRANSCORP Plc are designed to meet six (6) revenue centres namely: Oil and Gas, Agricultural and Agro Allied Business, Information Technology, Power, International Trade and Free Trade Zone/Industrial Park.

5(c) That during its formal launch on Thursday, 21st July, 2005, President Olusegun Obasanjo announced some concessions to the corporation as part of government support and encouragement. These include: licence to build a 400,000 barrels per day refinery, licence to build an independent power plant, access to the Federal Government cassava project for the construction of cassava processing exports facility, designated land mass for the construction of free port facilities, continued support to help open up markets on the African continent and to make TRANSCORP a partner in Nigeria’s current policy on private/public partnership, creating additional opportunities to develop large scale projects in Oil and Gas, Power and Information and Communications Technology (ICT).

5(d) That so far, TRANSCORP has acquired:

(a) Four Oil blocks, OPL 218, 219, 209 and 220 allocated to it on 21st July, 2005 by General Olusegun Obasanjo when it was launched.

(b) Nicon-Hilton, Abuja in October, 2005 for $105 million dollars.

(c) NITEL on 3rd July, 2006 for $750 million dollars.

5(e) That Dr. (Mrs.) Ndi Okereke-Onyiuke, the Director-General of the Nigerian Stock Exchange (NSE) and Chairman Trans National Corporation (TRANSCORP) Plc on 13th September, 2006, before the House of Representatives said President Olusegun Obasanjo is a subscriber to TRANSCORP through Obasanjo Holdings Limited.

5(f) That on Thursday, September 14, 2006, Elder Daniel Atsu and Barrister Lucky Egede (Trustees of Obasanjo Holdings Limited) confirmed:

i. That the TRANSCORP shares were bought by Obasanjo Holdings Limited.

ii. That shortly before the inception of the Olusegun Obasanjo administration in 1999, a non-recourse Trust Deed was executed by the President in favour of Elder Daniel Atsu and Barrister Lucky Egede who are managing the Obasanjo Holdings Limited.

iii. That by the said Trust, Elder Daniel Atsu and Barrister Lucky Egede were to run the business and the social service interests of the President, General Olusegun Obasanjo.

PART D

6. HOW THE FACTS STATED ABOVE CONSTITUTE VIOLATIONS OF THE CODE OF CONDUCT FOR PUBLIC OFFICERS

The Petitioner further states as follows:

6(a) That the use by the President of Obasanjo Holdings Limited to own substantial shares in TRANSCORP is wrong, illegal and unconstitutional for the following reasons:-

(i) The Code of Conduct for Public Officers contained in the Fifth Schedule, Part I, Paragraph 13 of the Constitution of the Federal Republic of Nigeria, 1999, provides as follows:-

"13. A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code."

The admission by the Trustees (Elder Daniel Atsu and Barrister Lucky Egede) of Obasanjo Holdings Limited, compounds the constitutional illegality of the President's involvement in TRANSCORP.

(ii) Obasanjo Holdings Limited is the nominee of President Olusegun Obasanjo in the TRANSCORP and acts on behalf of the President as a cover, when in actual fact all the activities of TRANSCORP involve the direct participation of President Olusegun Obasanjo at least publicly.

6(b) That at the time TRANSCORP was formed and four (4) oil blocks allocated to it, with attendant licences, the President, General Olusegun Obasanjo was the Minister of Petroleum Resources, a position he held from May 29, 1999 till date.

Consequently, for the President to allocate oil fields or blocks as the Minister for Petroleum Resources to TRANSCORP, a company in which he has substantial shares, is clearly an abuse of office contrary to Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that:-

2. "The State shall abolish all corrupt practices and abuse of power."

6(c) That a major aspect of the President’s reforms programme is Privatization of major industries. Nigerian Tele-communications Limited (NITEL), a public concern which belongs to the major sector of the Nigerian economy was privatized. It was sold by the government of President Olusegun Obasanjo to TRANSCORP, a company in which the President owns and control substantial interest through his nominee (Obasanjo Holdings Ltd). It is both a corrupt act, a violation of the Code of Conduct and constitutes a shameless abuse of power by the President.

6(d) That for the Federal Government to divest its shares in NICON Hilton Hotel, probably the biggest hotel in Nigeria, and for the hotel to be bought by the President’s partly-owned company, TRANSCORP, also amounts to a gross abuse of power, a corrupt act and a violation of the Code of Conduct.

6(e) That undoubtedly, today in Nigeria, TRANSCORP constitutes the wealthiest and the most powerful commercial private institution which power and wealth have been brought into being by the involvement of the President as there was no TRANSCORP before President Obasanjo came to power on 29th May, 1999. What the President has done by setting up TRANSCORP and making it the pillar of the private sector violates Section 16(2)I of the Constitution of the Federal Republic of Nigeria, 1999, which states as follows:

"2. The State shall direct its policy towards ensuring –

(1). that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group."

It is more constitutionally sacrilegious where the President belongs to that group, TRANSCORP.

6(f) That it is clear from the formation of TRANSCORP and its use to take over the constitutional responsibility of the Federal Government, that the President has violated Section 16(4)(a) of the Constitution of the Federal Republic of Nigeria, 1999 which says that:-

"4. For the purposes of subsection (1) of this section –

(a) the reference to the ‘major sectors of the economy’ shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation; and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy."

And this section came into force on the 29th of May, 1999.

6(g) You will appreciate that under the Constitution of the Federal Republic of Nigeria, 1999, no public officer who has breached the code of conduct contained in the Constitution of the Federal Republic of Nigeria, 1999, should be treated as a sacred cow above the fundamental law of the country.

6(h) I remind you of the Oath of Allegiance and Oath of Office of the President contained in the Seventh Schedule of the Constitution which the President swore to on 29th May, 1999 and 29th May, 2003 which provide inter alia as follows:

Oath of Allegiance

"...that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria."

Oath of Office of the President

"...that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria..."

6(i) I recall a restatement of your statutory objective contained in Section 2 of the Code of Conduct and Tribunal Act, Cap C15 Laws of the Federation of Nigeria, 2004 which provides as follows:

"The aims and objectives of the Bureau shall be to establish and maintain a high standard of morality in the conduct of government business and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability."

PART E

RELIEFS

The Petitioner prays as follows:

(a) That a charge should be preferred against the President, General Olusegun Obasanjo at the Code of Conduct Tribunal for contravening paragraph 13, Part 1 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999.

(b) That the interests acquired by the President, General Olusegun Obasanjo in Transnational Corporation (TRANSCORP) PLC through Obasanjo Holdings Limited should be seized or forfeited to the Federal Government as provided under Item 18 (2)(c) of the Code of Conduct for Public Officers contained in the Fifth Schedule, Part 1 of the Constitution of Federal Republic of Nigeria, 1999, which states as follows:

"18(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following - (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office."

URGENCY

There is need for urgency in this matter and the Petitioner respectfully requests for an urgent action on the petition.

With highest regards.

Yours sincerely,

CHIEF GANI FAWEHINMI LL.D, SAN

Tuesday, October 3, 2006