Sen. Tofowomo: Why 9th Assembly Didn’t Remove Buhari

Contrary to all expectations, Sen. Nicholas Tofowomo, who represented Ondo South in the 9th Senate on the platform of the Peoples Democratic Party (PDP), believes that independence of the judiciary and legislature in Nigeria is a ruse. In this interview with BIYI ADEGOROYE, he reminisces on activities of the 9th National Assembly, its failure to check executive recklessness, especially activities of the Central Bank of Nigeria (CBN) including Naira redesign without soliciting legislative concurrence

How would you reflect on your four years in the Senate?

When you become a Senator, you know you have some responsibilities, which include making laws, oversight functions and represent- ing and helping your constituency.

These are the functions and looking back, I can say that I sponsored 15 bills, which is a record in the senatorial district. Unfortunately, I had a terrible accident three months into the office, and up till now, I have not fully recovered from the accident; I am still on clutches. The good thing is that I have been able to take care of my people.

I was able to function. I gave out meaningful amenities to the people. I donated about 500 motorcycles; gave out more than 1,000 laptop computers for people to use to do their businesses. I gave out more than 100 desktop computers to people.

I built four schools – one in Ile-Oluji/Okeigbo, one in Odigbo; one in Okitipupa and the other in Irele local governments, 20 blocks classrooms. They are all verifiable. I sank boreholes in about five of the local governments in my constituency.

I have been able to reach out to the people. In the history of the Senate, I was the first person to have employed 92 people and paid them salary for one year. And I had a good attendance as a senator during my four-year tenure.

Looking at the outgone, how would you describe its performance?

During the valedictory session… During the valedictory sitting, I was not there.

But at the event, the then Chairman, Senate Committee on Foreign Affairs, Adamu Bulkachuwa was quoted as saying that he influenced his wife, who was the President of the Court of Appeal to assist many senators who had cases in court…

It depends on the type of help, because, look, Senator Bulkachuwa is one of the senators I respect, because he is an elderly person, 83 years old, (20 years older than me), and his wife was the President of the Court of Appeal. My father was a judge, and when they say they helped, there could be many help without gratifications. That could mean a lot of things.

Could the implication be that he influenced judgment to their favour…

Well, let us be very fair because we don’t have any evidence, as to whether he helped this case or that, because… maybe he helped them to get the right judgment. This is because the judiciary is finished in Nigeria.

The judiciary is not straight forward, because I had a case with them and they messed it up, and I see them as a disgrace. So, the judiciary, you can look at it from both sides.

Maybe the woman helped the senators to get the correct judgment, because judgment is for sale in Nigeria and for him to have said openly that he influenced some judgments, maybe he meant that he told his wife to ensure that they were not partial in handling certain cases, ‘give us the right judgment.’

That could be the form. So we cannot be so wicked to say they took bribe, because we do not have the facts. That is my position.

The election of the principal officers of the 10th National Assembly was dictated by the Executive and the governing All Progressives Congress (APC). Is the legislature not supposed to be independent?

Let me tell you one thing. There are three arms of government – the Legislature, the Executive and the Judiciary. The Judiciary and the Legislature are in the pocket of the Executive. Quote me.

Why? This is because the fund both the Legislature and Judiciary use to run government is from the Executive. There is nothing like independence of the Judiciary. There is nothing like independence of the Legislature.

No. Even when you look at the state assemblies, the governor tells the lawmakers who he wants to be the Speaker. So what operates at the state level is also operating at the federal level.

So we are just in the pocket of the Executive and that is the truth, and I can say it loud and clear. This is because there were some people who were not qualified to be ministers, but as soon as the Executive forwarded us the names, they would say that ‘this is the interest of the President,’ and you cannot fight it, rather, you let it go.

Is that a democratic practice all over the world?

Let me ask you one question. Is Nigeria the way a normal country should be? We are a failed state. Nothing is working in Nigeria- rather it is an individual struggle. For instance, I was airbound the other day, looking at Lagos metropolis.

And I saw that about 80 per cent (of roads in Lagos) are not tarred. And when they tar one road like this they will be celebrating it, but 80 percent of roads in residential areas are not tarred.

In Lagos, the majority of the residents of the state have no pipe borne water. In those days when we were in primary school, we turned on pipe borne water and it flowed. Those things are gone.

As a primary school pupil, we enjoyed it in my town from 1973 when pipe borne water was commissioned by the then Governor of Western Nigeria, Brigadier Oluwole Rotimi…

Yes. That is the thing. So Nigeria has failed. Electricity is gone. Good education is gone. Let me tell you one thing. I argued with a Health Minister and I told him that if I become Minister of Health, I will do better than him.

He started laughing and I said in England, everybody has a doctor. Why can’t we introduce that in Nigeria, so that when you have a headache, you won’t say your ancestors are knocking your head.

We need to have this approach from the state level. In my state we have 203 wards. Let us have ward doctors so that people will be able to register with the doctors, who would be able to attend to them four times in a year.

He will not need to refer you to hospitals except where there is an accident or emergency. That is how it operates in developed countries. Look at security and safety issues. There is no security in Nigeria.

If anything happens to any- body that is the end. Look at what happened in Kwara State last week where 103 people died in a boat mishap! A report said the other day that 92 of the Chibokgirls kidnapped in 2014 are yet to be found.

You see, former President Muhammadu Buhari achieved nothing in terms of security and I said it when I was in the National Assembly. I said that by now we should have removed Buhari because he did not perform well. He drew Nigeria backwards by eight years.

Why did you say that?

I said so because he did not perform well. In security he scored zero. In education development he scored zero. In healthcare, he scored zero. Even in human capital development, he scored zero.

Look at the governor of the Central bank of Nigeria who he appointed, for instance, he redesigned N2.5 billion with N5.8 billion! If you look at the vehicles in (Godwin) Emefiele’s compound, there are series of allegations against him.

He was only removed after Buhari left office. That is an indictment on Buhari. Look, Buhari should even be arrested. I am saying it as a senator. Buhari should be arrested because of the activities of the governor of CBN under his watch.

Buhari protected him during everything the former CBN governor did. So Buhari protected him, so Buhari should be charged to court. I am saying this and I am ready to say it anywhere. Tinubu is now cleaning up everything he did.

You said you mentioned it on the floor of the Senate that he should be impeached?

Yes, but they told me to shut up.

By virtue of the CBN Act, does the CBN have the power to redesign naira note without recourse to the National Assembly?

No. It does not. We complained. Senator Gabriel Suswan, (I am mentioning names now), from Benue State, was very angry. He spoke up, saying this is a disgrace. How could they redesign Naira without recourse to the National Assembly? That the CBN governor should have been suspended, but for party inclination and leadership of the National Assembly, that motion did not sail through.

Why not?

Yes, because APC senators were in the majority and it was an APC administration.

Former speaker of the House of Representatives said a few day ago that having candidates of the Executive as Senate President and Speaker does not augur well for independence of the National Assembly, but makes it subservient to the Executive. How do you see this?

He is correct. If the National Assembly can stand its ground and choose its leaders, that would be the best. Look at what happened when Bukola Saraki was the President of the Senate.

He performed very well because he was not an appendage of the Executive. He outsmarted the Executive and he won and he distinguished himself as a Senate president. That is why I adore Saraki till thy kingdom come.

Looking at the pattern of emergence of Senator Akpabio, do you think he is going to make any difference from the immediate past National Assembly leadership?

Let me tell you one thing. Majority of the senators do not like Akpabio because Akpabio is an arrogant person. When he was the Minister of Niger Delta Affairs and NDDC was under him, he did not do well.

I was a member of the Senate Committee on NDDC. I begged him to sort out the electricity of Ondo South, Okitipupa, Ilaje and Irele local governments that had no power supply for over 10 years, he not only failed but he even lied to me.

He said electricity would come in three months, but I said ‘no, let us do it in one year, to ensure we do it judiciously.’ Up till now, electricity has not been restored, but the good thing is that NDDC has completed its power station there.

If I had come back for the second term I would not have voted for him, but he succeeded because he was the candidate of the Executive. If the Executive tells this 10th Assembly that one plus one is 10, the Assembly will say it is correct.

Do you think it is going to be worse than the 9th Assembly?

It is going to be business as usual. I have already told you that Akpabio is not a good material. Remember he fought the former governor of Akwa Ibom, Obong Victor Attah, under whom he served as Commissioner, and who he succeeded, and they became enemies who stopped talking to each other.

Then Akpabio left the PDP for the All Progressives Congress (APC). And I want to say this. It is another reason I detest the Nigerian judiciary. How can some- one who contested for presidency, he was on television and everybody saw that Akpabio contested for the presidency. He did not collect the form to be a senator, yet the court declared him winner of the senatorial seat!

…and Senator Ahmad Lawan too

Yes. They went to court and court said they were the candidates of the party. It is a shame on the Nigerian judiciary. This is someone who did not collect the nomination and expression of interest forms. I collected, contested and lost the primaries by four votes.

It must have been rigged, but it is on record that I lost by four votes. When I was not happy with the outcome, I went to court but I lost and have returned home.

I am happy to be back home, but these people did not collect form at all, yet they won. Nigerian judiciary! It is so sad. I feel like weeping for the Nigerian judiciary.

It is like the court is saying that they can do whatever they like despite the fact that we have the Constitution and the Electoral Act. It is very sad. Good night Nigerian judiciary.

Was that why Senator Rochas Okorocha described the return of Senator Lawan to the Senate as a judicial miracle?

Oh ho. He (Okorocha) was even very diplomatic. He should have called it judicial fraud.

You are a frontrunner in the call for the establishment of a seaport in Ondo State…

Yes, I started it.

How do you feel about the latest development in that area?

Let me first of all thank the Federal Government for agreeing at last to establish a seaport in Ondo State. That pronouncement goes a long way, but my fear is that in Nigeria, when we say something has been approved, 10 years later, they may still be rigmaroling with it.

This is because we have six sea ports in Nigeria, but how many of them are functioning? So those are things. The quality of people managing Nigeria is the problem. Now, I think President Bola Tinubu has a vision, because when he was the governor of Lagos State, he performed very well.

He was able to manage that state up till today. If you go to Lagos you will see the difference. So if he ap- plies that synergy to governing Nigeria, I think in the next three years, our seaport will take off.

What is the outlook in Ondo State towards the elections?

The election coming up very soon in Ondo State is the local government election and I learnt that it has been postponed.

The health status of the governor has become an issue such that he delegated power to his deputy recently…

You know the governor; let me tell you one thing. I feel so sad that the governor is sick. When you are in office, and you should be enjoying the dignity of that office, but you are on the sick bed, it is a huge minus.

It happened to me. Three months into the Senate, I had an accident, and I was like a moron for one year. I could not talk. During that period, I could not sponsor a bill. From my experience, what is happening to him is very sad.

I heard that the health problem is leukemia. If it is true, it is a very bad disease. I am praying that he should recover and go back to office, complete his term and go home to rest.

I recovered substantially, completed my time and I am back at home now, and that is my prayer for him. It is very sad and painful. I like him for one thing, he does not lie. We have governors that lie but we cannot mention their names here. We are not in the same party, but he does not lie.