Senators have now washed their hands off the travails of their colleague, Iyabo Obasanjo-Bello, in her case with the Economic and Financial Crimes Commission (EFCC) over her involvement in the N300 million scam in the Health Ministry.
They acknowledged on Tuesday that the matter has gone beyond the Upper House, now that it is in court.
Iyabo chairs the Senate Health Committee, which collected N10 million from the booty that was supposed to be returned to the treasury as unspent funds.
She last appeared in the Senate on April 15.
For the months that the scandal broke, the Senate had rallied round her, and cleared her of any wrong-doing; until Tuesday.
The Constitution allows her to be absent for 60 days, after which her constituents in Ogun Central Senatorial District can initiate moves for her recall.
Senate Spokesman, Ayogu Eze, explained to reporters that “attendance at sittings of the Senate is voluntary. Every member is subject to the rules and laws of Nigeria. A Senator is expected to do a minimum of 181 days in a year, and by law, he/she is also expected to do a mandatory two-thirds of that 181 to qualify to continue in the Chamber. That is why I said it is voluntary.
“It is not the responsibility of the leadership or members of the Senate to fish around for a Senator who is not coming (to plenary). What happens when a Senator is absent for a considerable number of times is that an interested party or member of the constituency of the Senator notifies the National Assembly leadership or the Senate that, well, so and so person has been absent from the Senate for so and so period, and I think that constitutionally his or her membership of the National Assembly has lapsed.
“If the records of her attendance are checked and the person has not attained the constitutional period required for his or her membership to continue, there is no other procedure required except to write to INEC (Independent National Electoral Commission).
“The Senate President is expected to write to the INEC to say that so and so person has not met the constitutional requirement; therefore conduct (an) election to fill the vacancy. That is what the law says. That is why I said attendance is voluntary.
“It is not possible that the Senate at this point in time can account for Iyabo Obasanjo. We cannot account for her, because the last time we told you that once the matter is charged to court, it is beyond the Senate.
“Now that the matter has been charged to court, it is beyond the Senate. The Senate cannot interfere at this point in time until she finishes her case in court.
“It was only about a week ago that the EFCC was able to get a court approval to put her name on the charge sheet. At that point the matter got out of any comment. We can’t comment on it because that would be subjudicial. But I can tell you it is now beyond the Senate.”
Also on Tuesday, an Abuja High Court threatened to set aside its order which allows the application seeking to quash the charges against Iyabo to be determined first before her arraignment for allegedly retaining N10 million knowing same to be stolen.
Justice Salisu Garba ruled that “the application for an extension of time is granted for the applicant to file her written reply by 9 a.m. on Thursday morning, any failure by (her) to file on that day, the court will set aside its earlier order made on May 2nd 2008.”
Iyabo’s counsel, Bankole Joel Akomolafe, had argued that “it is unfortunate that we have prepared the draft copy of our reply on points of law. I had promised yesterday (Monday) to file today (Tuesday), but I was unable to prepare the final copy as my principal, who was supposed to endorse the said final copy, was busy at the National Assembly and will be there until tomorrow (today).
“We ask that we come back for final adoption on Thursday. Pursuant to that, we have filed a motion to seek the leave of (court) to extend the time within which to file.”
But EFCC counsel, James Binang, accused him of deliberately stalling the proceedings, saying: “The court specifically gave the date for the adoption of written addresses, the main case is coming up on the 19th of May, and all the accused persons are expected to be in court.
“The main charge is coming up on the 19th, for which the presence of all the accused persons is required. So, if out of their own undoing, they fail to take the application before that date, we urge the court to vacate its order of May 2nd concerning (Iyabo) and compel her appearance. She is now an accused person and should be here.”
The EFCC has the orders of the court to include her name in the suit it brought against former Health Minister, Adenike Grange, her Minister of State, Gabriel Aduku, and nine civil servants for allegedly stealing N300 million belonging to the ministry.