Yar’Adua’s govt is protecting corrupt ex-governors - El-Rufai

Former Minister of the Federal Capital Territory (FCT), Nasir el-Rufai has been having running battles with agencies of the current administration, especially the Economic and financial Crimes Commission (EFCC), which declared him wanted recently. In this interview conducted by TAIWO ADISA via the electronic mail, the former Minister declares that the current government is persecuting him for political reasons. He responds to other national issues. Excerpts:

After a decade of public service, you have returned to school for postgraduate studies in public policy. Should that be taken as indication that you intend to return to public office soon?
No, no. What I am studying is no indicator of my future plans. Going to school and learning new things has been my favorite preoccupation. However, since 1998 when I found myself in public service (advising General Abdulsalami Abubakar), my personal life and academic aspirations had been put on hold. I had no time to complete my law degree with the University of London and had to withdraw an application I was working on to attend the Harvard Kennedy School Mason Fellows program. I do not like leaving things uncompleted, so I just resumed my studies. I do not intend to practice as a lawyer, though the public policy skills I am now updating will help me in my future life as a youth organizer and public policy activist. No new knowledge is wasted, and who can be certain what the future holds for sure? Only the Almighty God.

There have been complaints that your FCT administration acted illegally in demolitions and land allocations, including disobedience of court orders. What is your response to these claims?
The Senate Committee lied to the Senate and propagated outright falsehood to the Nigerian people. And the media assisted in this campaign of misinformation. They claimed during the public hearing that we disobeyed 76 court orders. When I appeared before them, the story changed to - “FCT Administration had been served with 76 court orders” and none was disobeyed on the record. The whole Senate Committee exercise was a charade - a cynical and mean desecration of an important legislative institution by those who had personal grudges against me and the FCT Administration. After making all these allegations, their report was silent on specifics of orders violated because there were none. It is sad that some of these Senators have now become liars-under-oath, sad indeed. They should not be sitting in chambers with some of their Distinguished colleagues, who won elections to get to the Senate.

The Senate has discussed and approved the report of its committee on the FCT which probed your administration. Would you say the entire probe was done with a motive? Which areas do you disagree with and what are your reservations?
Any discerning person who watched the proceedings on television will see a carefully choreographed drama to demonise my administration. The Committee’s proceedings were so biased and I was tried and declared guilty in absentia without giving me the opportunity to know who my accusers were and the basis for their accusations. Many of the Committee members had strong grudges against me. They were biased. They did not declare their ‘pecuniary interests’ as required by the rules of the Senate. I was accused by the FCT Administration using falsified documents and ‘anonymous’ petitions. The conduct of some of these fell below that expected of any civilized people and institution. We are therefore not satisfied with the conduct of the hearings, the debate in the Senate and the resolutions therefrom. We are challenging every single aspect of it in the Courts. Recall that my lawyer, Bamidele Aturu, had protested that we have a case in Court on this matter, yet the Senate was persuaded by hatred and vengeance to set aside its own rules to “deal with El-Rufai”. As the case progresses to full hearing, we will reveal more about the motives and interests of some of these dishonorable gentlemen for Nigerians to know them and shame them. One outcome of the Senate’s public hearing last year is the claim that N32 billion is missing from the proceeds of the sale of Federal Government houses in the FCT.

You have defended your tenure over this, but it has become a recurring decimal in the report. Indeed, the EFCC says it is the reason it declared you wanted. Did any such funds grow wings under your watch?
This is one of the allegations that the Senate Committee made in its several “interim reports” which are leaked to the media, but was quietly omitted from the “Final Report” to the Senate. The reason is simple - they lied again. First, my tenure ended in May 2007 and an audit of the proceeds of sale of government houses was undertaken jointly by Akintola Williams, Deloitte and Aminu Ibrahim & Co. The report was submitted in July 2007 - two months after I left office and not a penny was alleged to be missing then. This report was made available to the committee but they made headlines with their allegation. Later, I learnt that there was a deal between my successor and the Senate Committee that if they can pin the disappearance of N32 billion on me, there will be some money to share between the two conspirators. Shortly after the deal was struck, the cabinet was reshuffled, and Mr. Remi Babalola, Minister of State - Finance recovered N46 billion from 15 bank accounts of the FCT.

It turned out that the money was placed on deposit and someone was collecting what they call brokerage. The funds (N46 billion) were transferred to FGN’s account with the Central Bank of Nigeria - so how can N32 billion be missing today and you find N46 billion the next day? It is all falsehood propagated to tarnish my reputation and create a situation to enable those in office divert the entire amount. Again, on this matter, we have gone to Court seeking declaratory judgment and presenting all our facts. We sued EFCC and have joined the CBN, Ministry of Finance and the Joint Auditors to contradict the facts as we know them. The EFCC threatened to declare me wanted because I refused to abandon my studies, come to Nigeria to further explain what they call “PHCN and NIPOST Lands”. When they realized that they have weak legal basis to challenge my authority to revoke and allocate land under both FCT Act and the Land Use Act, they adopted the Senate allegation of ‘missing N32 billion”. When even the evil Senate Committee could not sustain that allegation in its Final Report, the EFCC declared me wanted for “jumping bail”. It is utter none sense, and makes me sad for Nigeria. The way and manner some irresponsible, cowardly and selfish people are desecrating on institutions to settle personal scores is disgusting, but all this, like life itself, will end one day.

Were you surprised that the FCT probe turned out to be all about your tenure, despite that its span was meant to cover 1999 to 2007?
I was not surprised at all for two reasons. First, by looking at the institution undertaking the probe - the Senate, with whose members I have had running battles since I exposed the duo of Mantu and Zwingina in 2003 - It was certain, I was the target. The Committee membership and what I knew they lost during my tenure reinforced this view. Secondly, I know that in life, when you push for change, when you challenge the “business-as-usual” nature and comfort levels of elite, you will be a target. So I knew I was the principal target. But even more than the first two reasons, is the fact that when you do nothing, no one can find any fault with your decisions and actions. My immediate predecessors chose the line of ‘think nothing, say nothing, do nothing’. I chose to do something. So I ended up being the only target. The others were called to give a pathetic appearance of balance. It was just a charade.

Your immediate successor in office at FCT, Dr. Aliyu Modibbo is believed to be your friend, how did things turn around that he started fighting you. Would you say that the development has shaken your friendship?
Dr. Modibbo and I have not spoken since we met during Hajj in December, 2007. His third wife, just had twins and I learnt about it through a mutual friend. I sent him a congratulatory text message. He has not replied. I think he is well, and working hard to actualize his ambition of being the Governor of his state. Dr. Modibbo’s actions have not affected my view of friendship. I have had many close friends for many years and they have remained loyal and helpful through thick and thin. I have no ill-feelings and wish him the best in life.

There are indications that you may be charged for criminal breach of trust over the PHCN/NIPOST plots. Would you come home to defend yourself against these charges? When?
I have had the same indications and await the charges. If and when they are filed, I will defend myself vigorously in Court. It will be curious to see how criminal breach of trust under the Penal Code will apply to the exercise of constitutional and statutory discretion, properly done. But I am just a recent graduate of Law, so my better learned attorneys will handle that. I hope to complete my Masters’ Degree and Mason Fellowship in June 2009. I intend to take a short vacation and then return to Nigeria. As for charges, there are none yet, only allegations for the media to carry and smear my person and reputation. As I said before, I have filed several cases against the EFCC and Attorney General and will respond vigorously to any charges when filed.

There are also indications that some of the leading lights of the immediate past adminis-tration are being targeted. Have you noticed this?
I think what has happened since May 2007 is not an indication of targeting the past administration but a focused program of the character assassination, malicious falsehood, victimization and persecution of President Obasanjo and his so-called ‘leading lights’. This program is coordinated by the president, and it seems to command the president’s attention with greater focus and commitment than even his Seven Point Agenda. Look around you and measure the efficacy with which Nuhu Ribadu and Nasir El-Rufai have been pursued, and compare with the attention given to the Niger Delta, the economic crisis or the electric power supply situation in Nigeria, and you know what I am saying. It is a sad misplacement of executive priorities and attention. I think every discerning Nigerian has noticed this!

You were once reported to have claimed that you knew President Umaru Yar Adua some 35 years back, how did things turn sour between you. What kind of relationship do you have with him and his inner circle now?
I first met President Umaru Yar Adua in 1972 in Barewa College Zaria. His cousin, Sani Maikudi, was my guardian then. Over the years, we visited him at the Chemistry laboratory at Ahmadu Bello University and Sambo Farms in Funtua. Umaru was therefore, like an elder brother to me. As stated earlier, today, he is the architect and motive force of the political persecution program launched against me, my friends and family members by every coercive agency of the Federal Government. I have been investigated from my BPE days to FCT…”to look for anything” to destroy me. I do not know how or why things turned sour - that is a question for him - if you can find him to ask! The last time I spoke with him was in September 2007, when we met at the Inaugural Meeting of the National Energy Council which I was a member. I wrote him a letter of condolence last week because of the death of his sister, Hajiya Dije. I wish him well and pray he does better as President. The country needs leadership today for my children to have a future tomorrow, so I pray for him to succeed always. On his “destroy El-Rufai program”, I leave everything to God. He will judge between us.

If an opposition party beckons on you to contest the 2011 election, will you say no?
I have never given much thought to running for political office in Nigeria. I am more concerned with mobilizing and organizing young people to go into public service - in elective and appointive capacities. I strongly feel that in a country where 70 per cent of the population is below the age of 40, we should have a President of Barack Obama’s age - not these dinosaurs that have failed in their 30s, 40s and 50s but have refused to retire even at 60 and above. It is sad. That is my passion and that is what I hope to do when I return to Nigeria. I think I am too old to run, but have something to offer to “Young Turks” as mentor, advisor and policy activist. I am of the view that it is too early to talk about the 2011 elections - and starting the debate is a smokescreen by an administration that has little or nothing to show in two years of being in office. I am aware that my persecution has something to do with a suspicion that I may decide to run for President in 2011! I feel sad and disappointed at the unnecessary political persecution of people that hold views different from the ruling elite.

Our hope in 2007, that progress and continuity will be assured when a PDP President is succeeded by another PDP President has been destroyed. The expectation that Nigeria’s first University graduate President will make a real difference in governance have been put to question. Some are even asking questions about the capacity of Northerners to lead - forgetting where Murtala, Buhari and Idiagbon came from. There is so much to do yet it seems that most of the focus of the government is aimed at wasteful demonization of Obasanjo, El-Rufai, and Ribadu and so on. It is sad, really sad. In a democracy, every person should be free to canvass views and positions, including opposing a sitting administration. Under this government, any group or party that disagrees with Yar’ Adua is accused of destabiliza-tion, treason and so on. It is absurd! So while I have no immediate plans to run for office, I intend to be an active member of any platform that opposes the current lack of progress and development in my country. I will support that platform, its leadership and its decisions. It is premature to talk about running for office, or for re-election by those in office for that matter.

What is your assessment of the Yar’Adua government? Does his record so far warrant another term in office?
I left Nigeria in June 2008 but from what I hear and read; Yar Adua’s administration is still planning how to solve our problems while getting his cheerleaders to announce his re-election bid! Meanwhile power generation has dropped from 3,200MW when we handed over to less than 1,000MW - the lowest level in 20 years, the stock market was driven to collapse due to policy reversals and lowered confidence, the exchange rate, levels of reserves and every macroeconomic indicator has deteriorated even though oil prices rose as high as $147 a barrel! The government has failed to even keep things going at the levels it inherited. It is a non-performing government that is full of slogans and near-zero results. That is my view and this is shared by many people I am in touch with in Nigeria. This is not what we all expected, and it is sad. I am of the view that unless Yar’Adua wakes up from his two year slumber and actually delivers some results, Nigerians should identify a younger, more energetic person - preferably of Obama’s age or younger to lead the country from May 29, 2011. Personally, I will not vote for Yar Adua, but every Nigerian voter has a personal decision to make here, and I hope the Uwais Electoral Reforms are enacted so that our votes will count in 2011 and beyond!

What is your opinion on the seven-point agenda?
It is a great list of desirables that needs some fleshing out to compare with NEEDS under Obasanjo or Babangida’s Rolling Plans for instance. Interestingly, the Seven Point Agenda is enlightening more by what it does not include in the seven points. For instance, fighting corruption is not on the seven point agenda! Constitutional reform and Fiscal Federalism are not on the Seven Point Agenda!! In my view, the agenda needs to be converted into a clear plan with priorities and implementation strategies. All the documents I have reviewed on the Seven Point Agenda indicate that these are yet to be developed. I hope they get developed soon. More importantly, I pray something out of the Agenda gets implemented!

How do you feel seeing this government reverse the policies of the Obasanjo years?
It is a basic principle of governance that no government can bind a future government. So policy reversals are expected and sometimes inevitable. We therefore expected some of our policies to be reviewed, even reversed, since they were human policies and cannot be said to be perfect. However, to make total policy reversal the official policy by a government of the same party sends a clear signal to investors that policy continuity in Nigeria will never ever happen. That is why portfolio investors began divesting from our stock market long before the global financial crisis made things worse! I feel sad that my country’s leaders have not learnt that nations are built from generation to generation. I am sad my country’s leaders do not understand that progress is sustained when you build on what you inherit, with any necessary corrections - not destroy it and those who came before you and then turn around and do nothing else. These are the burdens that Yar Adua and his team will live with. It is their burden, not ours. We have done our bit and the results are well known.

What has this administration done in concrete terms?
Nothing but slogans. And they are going back to virtually everything we did that they suspended or reversed - and with tails between their legs doing the same things with different titles - after wasting nearly two years! Nigerians can see through that.

Would you say the fight against corruption in this regime has been revived. Do you think this government is serious about it?
It is clear by now to every discerning Nigerian that Yar’Adua made a rational choice when he came into the Villa - to partner with corrupt ex-Governors and do whatever it takes to protect them, and persecute those who dared to name and shame them. So like everything else in the administration, there is a lot of noise and no movement. Recently I came across some startling statistics in the US on corruption prosecutions in Nigeria by EFCC. In 2006 and 2007, EFCC recorded over 100 prosecutions each year, and this dropped to 6 or 8 in 2008 - the first full year Nuhu Ribadu was forced out of the Commission. The difference is clear - this administration is not serious about fighting corruption because its godfathers and godmothers personify corruption in its most crude form. Everyone in Abuja and beyond knows these.

Do you really have presidential ambitions?
I do not. In fact, I was not even interested in any sort of public office. I made that clear to both President Obasanjo and President-Elect Yar’Adua during the transition and early days of the new administration. And I have been trying, for the past two years to send messages to those having sleepless nights about the dangerous El-Rufai coming back into public office to sleep with their two eyes closed - I was not interested. That was then. Now that I am being persecuted, it is clear that the only way I can defend myself is to be active in the political space and I intend to be. But I have no plans personally to run for or hold any full-time public office. Public service is important. And reflecting at the little we were able to do in our time, I am passionate about creating a political platform that will enable the election of a 35-45 year old as President of Nigeria in 2011 or in the foreseeable future. We need a young generation of public leaders. So yes, I plan to be active in political organizing, but have no intention offer myself for any elective or appointive office for the time being.

Are you in touch with some of your former cabinet colleagues, how do they encourage you in this fight?
I am in contact with many of my cabinet colleagues. Many of them are busy and engaged in their various assignments outside Nigeria, and some within Nigeria. They have been true friends and brothers sending words of encouragement and support at every point. It is not a fight as much as protecting one’s liberty, reputation and property. All of us have been targeted to varying degrees. Some have institutional protection like my colleagues in the World Bank, so the government had to back off after an initial threat to arrest, but some have been more vulnerable than others. I am grateful to all my colleagues for their support and will not mention names for their protection. Nuhu Ribadu deserves special mention because as one ex-President said that “El-Rufai and Ribadu are two sides of a bad penny”, so whatever Nuhu does, I am assumed to be involved, and vice versa. Nuhu is enjoying his fellowship at Oxford and will be joining me in the USA soon to continue another fellowship with a think tank in Washington. He visited the USA last week to speak at the University of California, Berkeley and we speak virtually every day. Nuhu is a Nigerian patriot, and nothing will break his spirit and belief in our nation and its future.

Why did you have to engage an international lawyer to fight the Yar’Adua government?
As I said, it is not to fight but to protect my life, liberty and property within Nigeria and outside. The government and its agencies have engaged in a fraudulent propaganda against some us, real or planned attempts to kill us, and other violations of our rights under international law. The authorities have also attempted to interfere with legal proceedings within Nigeria, and they have the capacity to influence some of the cases through delay, intimidation and posting of judges, etc. The engagement of Robert Amsterdam to supplement what we are doing in Nigeria is to afford me further protection and open another arena for adjudication outside the control of the authorities in Nigeria. I will say little on this, until things develop further in other jurisdictions. Are there peace moves by elders in the North to resolve the disagreement between you and Yar’Adua, for instance, those who have known you two in those 36 years? There is no disagreement between Yar’Adua and me. He is the President and has a job to do. He should get on with it. He swore to uphold the Constitution which includes protecting the life, liberty and property of every Nigerian - including Nasir El-Rufai. He should do so.

I am a private citizen who is free not to be in his administration, and not be its enemy. So there is no issue there. I am not aware of any peace moves. I have not approached or asked anyone to make any peace - how can you talk of peace when there is no war? We have a one-sided persecution by a sitting government. Who will talk to them? No one. I am going to be 50 years old next year by the grace of God. If at this age, I am not an ‘elder’ too then there is something wrong with our country. We will meet and sort ourselves out in the Law Courts and the Court of public opinion.

Has former President Obasanjo moved to intervene in the feud you are having with the present government?
President Obasanjo is in a very difficult position. He loves both Yar’Adua and me like his own children, so it is difficult to take sides. In any case, he has been a target of Yar’Adua’s government inspired persecution as well, so how can he help? It is a case of ‘physician-heal thyself’. I have never asked President Obasanjo to get involved in this matter and never will. I am 49 years old and quite capable of addressing the ‘feud’ as you call it - one way or the other. If you get a phone call from Yar’Adua, Goodluck Jonathan or Turai, calling for an end to hostilities and that your contribution is needed to help the government, how would you respond? In the highly unlikely event I get a call from the President or Vice President, I will recommend to them several young men and women that I employed, trained and mentored in BPE and FCT, or interacted with from other government agencies as well as the private sector - that can help Nigeria in whatever capacity they have in mind.