Stalemate as Otedola Refuses to Give Evidence in Camera

Mr Femi Otedola

 •TJ’s identity uncovered   •Second audio recording on Lawan, oil chief released on TV •Lawmaker again faults latest exposé

By Onwuka Nzeshi and Yemi Akinsuyi

The much-expected testimony of the Chairman, Zenon Oil and Gas, Mr Femi Otedola, before the House of Representatives Committee on Ethics and Privileges probing the $3 million bribery scandal involving the suspended chairman of its Ad hoc Committee on the Monitoring of the Fuel Subsidy Scheme, Hon. Farouk Lawan, turned out to be an anticlimax Tuesday.

Although Otedola, who had accused Lawan of extorting money from him honoured the House invitation to appear before the committee, the meeting between the two parties ended in a stalemate arising from a disagreement on the modalities for taking the businessman’s testimony.

While the House probe panel insisted on taking Otedola’s testimony in camera as it had done with Lawan last Thursday, the oil chief who arrived the venue of the hearing 15 minutes ahead of the scheduled time, insisted on an open hearing.

The disagreement occurred just as a second instalment of the audio recording on the purported conversation between Otedola and Lawan during the transaction between the duo, was made public yesterday, a day after the first part of the recording was played on Channels Television.

Lawan’s lawyer, Chief Mike Ozekhome, however, disowned the second instalment of the audio recording, which he described as “histrionics and comedy.”

THISDAY investigation yesterday also uncovered the identity of “TJ” whose telephone number in the first audio recording Lawan purportedly gave to Otedola as somebody he trusted to collect the balance of $2.5 million from the oil chief.
The stage for the drama between Otedola and the House probe panel was set shortly after he arrived at the venue of the committee's sitting at 1.45 pm.

Otedola, dressed in his traditional white kaftan and matching trousers, was accompanied by his lawyers, Mr. Babajide Koku (SAN), Mr. Chris Adeyemi and a retinue of aides.

Since he came well ahead of time, he and his entourage sat on the back row and waited till 2pm when members of the committee began to arrive.

The sitting began at 2.05pm when the chairman of the probe panel, Hon. Gambo Dan-Musa, announced the commencement of proceedings and beckoned to Otedola to take his seat at the far end of the oval table. He also asked Otedola to introduce members of his entourage.

In his brief opening remarks, Dan-Musa said the sitting was in continuation of the committee’s investigation into the bribery allegations against the ad hoc committee.

He said just as Lawan appeared before the committee last week, Otedola was appearing to give his own testimony on the matter.
He announced that the investigation would be conducted behind closed-doors and appealed to journalists to excuse the committee, adding that since it interrogated Lawan in camera, it would only be fair to extend the same gesture to Otedola.

Although Otedola appeared to welcome the announcement by applauding after the chairman made his statement, the situation changed a few minutes later when his aides came out and distributed a statement, which he had apparently read to members of the committee.
In the statement, Otedola objected to the moves by the lawmakers to conduct the investigations in secret.

His statement read: “This is a matter that has generated a lot of public interest and controversy. The House of Representatives Committee on the Management of Fuel Subsidy, headed by Hon. Farouk Lawan, held all its sittings in public.

“When the issue arose, the House of Representatives Committee on Ethics and Privileges publicly stated that its investigations would be held in public.

“It is therefore surprising and curious that this committee has made a U-turn to hold its investigative sitting in camera, particularly in the light of unfolding events.

“I strongly believe that the interest of the public will not be best served if this investigation is held in camera. I have nothing to hide and will only speak on this issue when this investigation is conducted in a very transparent manner, and the press as well as the general public is allowed to be present at the sitting of this committee from the beginning of its investigation to its conclusion.” 

About an hour-and-a-half later, the closed-door session ended, following which Otedola emerged from the room and reporters immediately besieged him to find out what transpired.

When asked to comment on his experience with the committee, Otedola smiled and said his solicitors would speak on his behalf.
Koku said the position of his client was that the matter under investigation was not something that should be conducted in secret, adding that any discussion on the matter must be done in public.

“That was his position before the Ethics Committee which, of course, they were not happy with and did not accept. He is a law-abiding citizen and has nothing to hide,” the lawyer said.

Dan-Musa, who confirmed Otedola’s refusal to give his testimony in camera, was however furious with his decision and accused the oil chief of being misadvised.

He said in spite of all attempts by members of the committee to persuade Otedola to substantiate his allegations against Lawan on the $620,000 that the lawmaker had collected as part of the $3 million bribe, he refused to budge.

He said: “It is important that we put things in perspective. We had our meeting last week with one of the parties involved in this matter and it was in camera. This is in consonance with the provisions of the Constitution of the Federal Republic of Nigeria as well as our rules and the convention that obtains in this institution.

“We invited Femi Otedola being a primary and principal party to this allegation. You will all recall that he was the one that made this allegation. We are a standing committee of the House of Representatives and we are established by rules which came from the constitution. The convention of this committee is to hold its meetings in camera.

“When Otedola came, he came with his lawyers and with other paraphernalia but we still exercised patience and allowed them to be with him simply because we wanted to demonstrate that this is a committee that intends to be fair and just.

“Unfortunately, and I say unfortunately because it is rather very unfortunate. He was misguided either by his lawyers or by somebody who is advising him. It is one thing to come and it is another thing to refuse to talk. We did all that we could by explaining to him our powers under the constitution, the House rules and conventions.

“We further explained that nobody would dictate how we are going to conduct our meetings, yet Femi Otedola refused to answer questions and said he could only do so when we do it in public.

“We did not find it funny and we were not happy. He went further to insult us in one way or the other and we continued to exercise patience because as far as we are concerned, we have been given a mandate to conduct an investigation and we believe that we should do it by being just and fair to all the parties.

“You cannot make an allegation and when you are being asked to substantiate it you now refuse to substantiate the allegation. What are you hiding? He has told us that we are hiding something that is why we don't want to do it in public.
“But we told him that he is the one hiding something by refusing to talk, by refusing to substantiate his allegation. We told him the consequences of this but he was not ready to go by our word.

“Whichever question we asked him he refused to answer. So how do you investigate a matter, particularly a matter of this nature, whereby someone said he gave something to somebody and there is a controversy?
“He has refused to answer all our questions and he insulted us and in addition to that he was just laughing. It was very stupid of him and we are not happy.”

According to Dan-Musa, all Otedola could tell the committee was that Lawan had lied four times on four different occasions. Otedola was also reported to have told the committee that the documentary evidence Lawan submitted to the committee was fake.
The committee also asked Otedola to produce the video clips he reportedly submitted to the police and the State Security Service (SSS) but he refused to do so.

Dan-Musa said in spite of the committee’s encounter with Otedola, it would go ahead with its investigation by inviting and interrogating other witnesses.

In the second part of the audio recording purportedly recorded between 10.05 am and 10.12 am on April 24, Lawan and Otedola during their purported conversation, discussed how best to handle the delisting of Zenon Oil, among companies indicted in the ad hoc committee’s report.

The conversation went as follows:
Lawan: When I saw your text; it makes me feel bad. I said. You know the effort I am making?

Otedola: I know, I know.
Lawan: (cuts) No, no, no, no. When you said I’m... That didn’t... Please, this thing we are doing, keep it to yourself. Otherwise, you will make things difficult for us.

Otedola: Ok. I am, now.
Lawan: You will make it difficult for us because somebody called me now and said that we said we are going to address it.

Otedola: Address what?
Lawan: It is already out that we are going to do something. But when we do it people will think we are doing it because we have compromised. If my colleagues get to hear about it, I won’t be able to convince such (sic). So keep it to yourself. Let it be a top secret.

Let it not be like anybody is aware of what is happening. If anybody asks you... Somebody is saying that... They said you know from your record...., they have all your record and you have made a case to the committee.
Otedola: God bless you, God bless you.

Lawan: It is left for the committee to decide what to do. Please keep it that way. But the moment it gets out, when we are going to correct it....

Otedola: Ok, ok.
Lawan: Whether it seems we have already a.... So let it be, I want to spring a surprise on the floor and that is the only creditable way to do it. You know you sector is hot so much.

Otedola: God bless you, God bless you, my brother. I’ve been trying.... Any time I hear your voice....
Lawan: (cuts) You know your sector is a hot one. You are even hot enough and people are even saying... They said... Somebody just called and said what happened, that Femi has gotten his way around. He has already... No, no. I am saying it because this is what I heard.

Otedola: But let me tell you one thing. You know me as a person.
Lawan: (cuts) I know. Don’t make things difficult. Whoever asks, say no. I didn’t do this. I am trying to clear myself from the committee. But I have sent a letter to set the record right. That is all, yeah.
Otedola:  Ok, brother. Thank you. Alright.

Reacting to the second recording aired on television, Ozekhome, in a statement last night, faulted the purported conversation between his client and Otedola, saying “it reminds one of Baba Sala’s ‘Alawada Keri Keri’ histrionics and comedy.

“It is even more obfuscating and labyrinthine. In William Shakespeare’s immortal words, ‘it is nothing but a tale told by an idiot, full of sound and fury, signifying nothing'.”

According to him, in the conversation, Lawan was portrayed “as an unyielding, talkative, bellicose and eager person who was hurriedly urging Mr. Otedola not to tell anyone that the names of his companies will be removed from the indicted list, because if he went about telling people that, in an oil sector that is a small world where everyone knows the other, it would be difficult to remove his companies from the list of indicted ones.

“Mr. Lawan is also said to have uttered that it is left to the committee to know what to do as he will spring it as a surprise on the floor of the House!”

He added: “Recall that in the so-called Part 1 of the alleged conversation between the duo aired yesterday (Monday) on Channels TV, Mr. Lawan was portrayed as an incoherent, stammering, unsure and sluggish speaker, who could hardly get out his carefully weighed words.

“This second part has more than ever before confirmed Lawan’s worst fears that the entire audio play back is a doctored, edited piece of animated voice that does not belong to him and which only forensic evidence can unravel.

“He believes that the motives behind the audio are invidious, insidious and that the entire audio playback of Monday and Tuesday is of dubious and questionable pedigree.

“The questions that agitate an unbiased mind from this unfolding piece of poorly scripted home comedy are: One, why is this audio recording being played in bits and pieces, rather than en bloc and wholly?

“Two, how come that an audio recording which ought to be played on radio for a listening public is being aired on television for a viewing public, when no visual is involved howsoever?

“Three, where is the visual recording of the alleged bribe?
“Four, how come a supposed part of the same conversation portrays Lawan as a talkative, belligerent and unyielding character who barely allowed Mr. Otedola to utter one word, while the first part supposedly shows him as a sluggish, tentative, stammering, and measured speaker, speaking only when prompted on by the same Otedola?

“Five, if Lawan says it was left for the committee to know what to do to help out, why will Otedola pay a bribe to influence an issue Mr. Lawan had already concluded that his committee would know what to do about?

“Six, if Mr. Lawan did actually warn Mr. Otedola not to tell other oil marketers so that the impression is not given that his committee has been compromised as the audio tends to show, does this not in fact show, assuming the story were correct, that Lawan was actually saying to Otedola, ‘you know we have not been compromised?’

“Seven, why has it taken Mr. Otedola this long to make public his so-called ‘sting operation’ well over two months after Lawan had notified the police when he interacted with them in May, 2012?

“Eight, how come that neither Mr. Lawan nor Mr. Emenalo was arrested or swooped upon in a so-called ‘sting operation’ where money allegedly changed hands on four different occasions?
“Nine, what is the source of this audio tape that is being played instalmentally and which ought ordinarily to emanate from security agencies, if indeed it was a ‘sting operation’ by the SSS?

“Ten, who is fooling who?”
Meanwhile, fresh facts have emerged on the identity of the “TJ” mentioned in the Monday audio conversation between Otedola and Lawan.
THISDAY investigations revealed that the person mentioned in the conversation was one Mr. Tijani Yusuf, one of Lawan's personal aides.
Yusuf, whose mobile phone number tallies with the number relayed in the audio recording has been Lawan's legislative aide since 1999 when the embattled lawmaker was elected into the House for a first term under the current democratic dispensation.