Thursday, 20 February 2014
But as controversy followed the suspension of the CBN governor, Abati told those against it that “he who hires also has the power to fire.”
He told State House correspondents that the CBN Act that some critics of the President’s action rely on, only talks about removal and not suspension.
Abati said there was a clear difference between removing a CBN governor and suspending him.
He said, “I am aware that some people are saying ‘oh, this is illegal.’ But it is not.
“People who talk about illegality, they are referring to Section 11 (2) of the CBN Act. Now under that provision, the reference is to the removal of the CBN governor by the President and there is a qualification there saying that provided that removal is supported by two-thirds majority of the Senate.
“But what the President has done is not removal, it is suspension. You know you do not read the provisions in isolation, you read them together and the interpretation Act. If you read all of these provisions together, the trite point is that he who hires can also have the power to suspend.
“So if you have the power to appoint, you also have the power to suspend. What has happened is not removal, it is suspension and that is perfectly within the purview of the law.”
Abati also said Sanusi, as a Nigerian, was free to approach a court of competent jurisdiction if he was not comfortable with his suspension.
He said, “If he goes to court, he is a free citizen. The country is governed by law. An individual has the right to express himself under the constitution. So we will not speculate about what has not happened.”
He also said the President’s decision had nothing to do with Sanusi’s current position on the missing $20bn.
Abati said, “The question has also been raised on whether this has to do with the ongoing appearances in the National Assembly by the suspended CBN governor. I will like to state very clearly that this has nothing to do with that. I have given you the background so that you can see that this is the process.
“And indeed, we look forward to a situation whereby Sanusi will continue to assist the legislature in their investigations and will continue to testify because what government is interested in really is transparency and accountability and anything that will further promote that objective is perfectly welcome.”
The presidential spokesman said under the enabling Act, where an indictment is established, the law will take its course.
Abati explained that the process leading to Sanusi’s suspension started in May 2013 when he was queried over the financial statement of the apex bank.
He said the President decided to suspend Sanusi as part of attempts to strengthen the CBN to ensure that it continued to be a symbol for prudence, integrity and accountability.
He allayed the fears that the suspension would lead to anxiety capable of affecting the nation’s economy.
Abati said despite the decision, the country’s monetary policy remained the same and there was stability in the system.
Abati said the decision was taken only with regard to internal governance issue within the apex bank.
He urged investors not to exercise any fear.
• How Sanusi’s travails started
The presidential spokesman explained that the issues of financial recklessness and unprofessional conduct levelled against Sanusi were not a sudden development.
He said, “It is not as if this is a sudden development, but that it’s been a long process dating back to last year.
“Last year when the CBN submitted its financial statement for the year ended December 31, 2012, a query was raised about some of the issues in the financial statement and the CBN governor was asked to offer some clarification with regard to these issues. This was around first week in May 2013.
“A response came from the CBN which was then forwarded to the Financial Reporting Council of Nigeria. And the Financial Reporting Council of Nigeria by its Act is empowered to review the accounts of the CBN and if there is a couse for investigation to be conducted . And if there is need also to invite other bodies to further investigate, the law makes allowance for that.
“And that took place. And some of the outcomes of that process relate to the issues raised about financial recklessness.
“If I may just draw attention to a few of them: the persistent refusal and negligence to comply with Public Procurement Act in the procurement practices of the CBN; unlawful expenditure by the CBN on intervention projects across the country; deploying huge some of money as the CBN did under the watch of Mallam Sanusi without appropriation and outside the CBN’s statutory mandate.
It is said that the expenditure of public funds by any organ of government must be based on clear legal mandate, prudent constraint and overriding national interest.
“And then financial infraction and act of financial recklessness committed by the CBN and reflected in its audited financial statement for 2012.
“The review by the Financial Reporting Council of Nigeria rather than allayed the fears of government, further confirmed concerns about the untidy manner in which the affairs of the CBN were conducted.”
Abati said it was on the basis of all of these and to allow for further investigations that the CBN governor was suspended.
• Justification for replacement
On why the President forwarded the name of a replacement for Sanusi to the Senate when his retirement would take effect in June, Abati said there was nothing untidy about it.
He said, “I do not see untidiness in this. You know there are two vacancies, the suspended governor is due to retire in June and with the retirement of a former deputy governor, Tunde Lemo, there was also a vacancy at the deputy governor’s level.
“In many countries of the world, you do not wait till the last minute before you appoint successor, particularly into a position in such a strategic institution as the CBN.
“With regard to the position of the CBN governor, I think announcing the nomination for that position is good for the market; it builds confidence and reassures the market that there is no crisis.
“It has nothing to do with the CBN governor.As I told you, there has been a process of investigation with issues raised with regard to internal governance system in the CBN.
“I think if anything, the President should be commended for immediately making these nominations to show that the institution remains strong and in very good standing.”
On the seeming delay in taking action against Sanusi since his travails started in May 2013, Abati said, “I spoke of investigation. Investigation is a process. It is not that you raise a query and that query is answered and then you immediately take a decision.
“And of course, even with the report from the Financial Reporting Council, I told you that investigations are still continuing because there are so many issues from the FRC runn- ing into pages upon pages with annexus.”
Before Abati defended the President’s action, officials of the State Security Service were reported to have seized Sanusi’s passport shortly after he arrived in Lagos from Niger Republic.
He was said to have been accosted by some operatives who detained him briefly and insisted he must surrender his passport.
Sanusi’s associates and friends, including a former Minister of the Federal Capital Territory, Nasir el-Rufai, were at the airport to welcome him. They drove out of the airport in a convoy.
Posted on 22:27:00 by Unknown
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