The complicity of the First Lady of Nigeria, Aisha Buhari, in the Halliburton bribery scandal

Nigeria’s most controversial governor Ayodele Fayose have woken the sleeping dog with is recent allegation about the involvement of the First Lady of Nigeria in the Halliburton bribery scandal. In this instance, the sleeping dog is the Halliburton bribery scandal, named after one of United States’ influential oil company.

The vituperation against the First Lady of Nigeria came as a reaction of the charismatic governor to the freezing of his bank accounts with Zenith Bank of the Nigeria by the Nigerian presidency. In a letter sent to Governor Ayodele Fayose by Zenith Bank, the governor was intimated of the EFCC’s letter to the bank to “restrict” his accounts. This was following the allegation by EFCC (the Economic and Financial Crimes Commission) that about 1.3Billion Naira of the “Arms Deal Funds” was traced to the personal accounts of the Governor. As such, the “freezing directive” by EFCC to Zenith Bank was part of the investigative process.

Zenith Bank's letter to Gov. Fayose

Hinting on the reason for the “freezing directive” was the spokesperson of EFCC, Wilson Uwujuaren. EFCC confirmed the reason thus; “it is true that we have frozen Governor Fayose’s account in connection with an ongoing investigation. We will soon release details of our findings to the public.” He further added that EFCC “froze the account because Fayose has no immunity against investigation.”

It is pertinent to point that according to the Constitution of Nigeria, pursuant to Section 308 thereof, the Governor of a State has certain immunities which include immunity from prosecution while in office.

While the provisions raise certain legal issues which is outside the scope of this article, it is necessary to note that certain persons have challenged the actions of EFCC against the governor from the legal perspective. The criticism is two forked: the legality of EFCC to direct the freezing of any type of bank accounts without court order to that effect and the freezing of the account of a serving governor, in particular. On the second prong of the criticism, the real purpose of the immunity is shield governors from the distractions of personal liabilities so as to enable them concentrate on their functions. See Tinubu v I.M.B(2001) 16NWLR (PT 740) 670.

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However, the second and overshadowing perspective to the criticism brews from politics. Ever since the current APC regime took over the national leadership, it has been accused of selectively anti-corruption campaign. The Buhari administration appears to be fighting only the former ruling party, Peoples’ Democratic Party (PDP). And it has dwelt so much on the Arms Deal Funds and its connection to the financing of the 2015 election by PDP. The recent freezing of Fayose’s accounts and the outburst by Fayose all brew much from the political perspective. And beams the search light on the selective anti-corruption campaign.

Buhari once said that he would not fail to prosecute anyone found to be corrupt, even if such person is a member of his family. By accusing Aisha Buhari of complicity in the Halliburton's scandal, Fayose is telling Buhari to rise up and fight corruption from his family. According to Fayose, "Even the President cannot claim to be an angel. The Estate he built in Abuja is known to us." 

While Buhari was campaigning for the presidency in 2015, he portrayed himself to be a poor retired public servant who had come to serve Nigeria. He even declared that he borrowed money to fund the campaign. In fact, it is reported that he at one point said he had only "1 Million Naira" in his bank account.

As a primer, the Halliburton bribery scandal was a $182 million bribery scandal involving top Nigerian and American public office holders, a British lawyer and a consortium of international firms led by Halliburton, a US oil giant after which the scandal is named. The bribery by the consortium to some Nigeria's public officers was in respect to a US $6 billion turnkey contract for a Nigerian Liquefied Natural Gas (NLNG) Bonny project. 

In order to secure the contract, the Consortium through a British lawyer, Jeffrey Tesler allegedly bribed such persons like General Abdusalami Abubakar, one time military leader of Nigeria, Atiku Abubakar, then Vice President of Nigeria, etc. On the part of United States, Nigeria at one point indicted former US Vice President, Dick Cheney, the CEO of Halliburton. However, he was cleared by Nigerian officials of any wrongdoing afterwards. Also involved was US Congressman, Williams Jefferson who was convicted of charges bordering on corruption, mostly based on the Halliburton scandal.

While Jeffery Tesler who served as the conduit pipe for the transfer of the bribe money to Nigeria was convicted in United States of corruption, no single person was convicted by the Nigerian courts, as no charge was brought against any of the indicted persons in Nigeria.

It is with respect to the sentencing of Jeffery Tesler that the name of Aisha Buhari featured in the scandal. 

As alleged by Fayose, "His (Buhari's)wife (Aisha Buhari) was indicted over the Halliburton Scandal. When that America , Jefferson, was being sentenced, the President's wife (Aisha Buhari) was mentioned as having wired $170,000 to Jefferson. Her name was on page 25 of the sentencing of Jefferson...."

This is a heavy allegation against the person of the First Lady of Nigeria (though Buhari at the time of campaign said that there will be nothing like the First Lady of Nigeria), and she thus took umbrage which necessitated the twitter outburst. Fayose even shared link to the pages.

Instead of the presidency to deny the allegation, the presidency and EFCC have turned to allege that the Aisha Buhari implicated was not the First Lady of Nigeria. They have been brandishing the passport page of another Nigerian with the same name as the real person. In order to give credence to their story, two former chairmen of EFCC, Lamorde and Ribadu have released statements citing that the Aisha Buhari involved in the scandal was not the First Lady. 

In a statement released to Premium Times Nigeria, Lamorde stated thus:

“I can tell you authoritatively that the Aisha Buhari named in that case is not President Buhari’s wife, it is another Aisha Buhari entirely. I was the director of operations at the EFCC at the time so I know about the case very well. I can tell you that it is not her (President Buhari’s wife). That much we established.”

On his part, Ribadu stated that the Aisha Buhari in the case was an impostor of the First Lady. This is what he said:

“She is a different person and has lived in the U.S. for years. She is hardly in Nigeria. The EFCC was working with U.S. authorities on the investigations. One of my plans was to arrest her before I left the commission. Our suspicion then was that she was using the Buhari name for influence.The EFCC laid ambush to see if she would come into the country so she could be arrested. I didn’t know what happened to the plan to arrest her after I left."

However, the woman alleged to be Aisha Buhari impostor has spoken out. She even threatened to slam the persons dropping her name as the person named in the case with a law suit. 
Below is an excerpt of her statement on the issue:

“I have never done anything with Halliburton, I don’t know the colour of the company. I am not in the line of business with Halliburton, so linking me with the bribery is wicked.

“They are desperate to cover their dirty track and link my name with the scandal that they have to first of all steal my passport. My passport was stolen early this year. And to give credibility to their story, details from the passport were used. They should come to the US, to find out If they are curious about the case."

“If somebody commits crime in the US, he or she must face trial. Have you heard I am being tried in the US?” Let them stop this malicious allegation against me that they do not have proof of, I hate people who do not cross check facts before talking, they should find out in the US the kind of person I am because I belong to organisations there.

“If they think they are politician and can break the law and go free, they should realise that nobody is above the laws of a country including me”, she asserted.

On whether she is going to take legal action, she said:”I am talking with my Lawyers, they will determine that.”

Fayose is however still insisting on the culpability of the first lady. He has in fact released a statement sequel to his outburst against Buhari's wife. According to the statement released Wednesday, Fayose has dared the First Lady to travel to United States to prove his innocence. According to Fayose, the First lady is dodging a visit to United States because of fears that she might be apprehended. 

The governor "challenged the President's wife to visit United States of America to convince Nigerians that she was not the Aisha Buhari mentioned in the judgment convicting William Jefferson."

He further pointed out that the President of Nigeria has visited United States "three time and his wife did not travel with him. Equally, she ought to have visited USA last year September to chair a United Nations programme but she sent wife of the Senate President, Mrs Toyin Saraki to represent her."