Sunday, August 8, 2021

Understanding House Of Reps Transparency Verdict On NEDC


By Michael Attah

Three weeks today; precisely, it’s more than three clear weeks, after the House of Representatives gave its verdict of a clean bill of health to the management of the North East Development Commission (NEDC), over alleged financial heist at the commission involving a whopping sum of N100 billion.

Surprisingly, but not unexpected, the Civil Society Organizations (CSOs) and its allied vuvuzelas who led the defamatory assaults are silent.  They unconscionably blew the false alarm bordering on spurious, mendacious, politically -motivated and malicious allegations on the commission’s management.

But the CSOs have been humbled with the House’s exonerative verdict on the commission and so, have now chosen the wise path in the wisdom of “silence is golden.” Had the verdict turned against the NEDC management, the fury of hell would not have contained their loud rantings.

The NEDC’s management led by the Managing Director, Alhaji Mohammed Goni Alkali, a stickler to standards, anti-corruption czar, a renowned evangelist of transparency and accountability in public service was alarmed and astonished with the bogus allegations raised against him and members of the NEDC management team in July 2020. But he was unperturbed!

As a first reaction to the spurious garbage spilled by an obscure group, North East Vanguard for Good Governance (NEVGG), Alkali, an astute public administrator and world-class manager of human and material resources, retorted calmly, “Nobody gave us up to N100 billion; I really don’t know how they got that figure.”  Armed with this truth and confidence in his leadership of the commission, Alkali was ever willing to appear before the National Assembly Committee to respond to the allegations and redeem the image of the commission from politically-induced brickbats.

But the figure of N100 billion, within span of barely a year, alleged on Alkali by his adversaries, who accused him of corrupt practices was an amount too huge to be ignored by anybody. A synopsis of the allegations fingered Alkali in embezzlement, high handedness, abuse of office, over inflation of contracts, awards of non-existent contracts, massive contract splitting and flagrant disregard for due process or procurement laws in the award of contracts among others. So, the news went viral instantaneously.

Recount that President Muhammadu Buhari had signed the “Northeast Development Commission Bill” into law in October 2017, as a replacement for other existing support initiatives such as the Presidential Initiative on Northeast and the Victims Support Fund for victims of insurgency in the Northeast. The NEDC   board of management was later inaugurated in May 2019, with Alhaji Mohammed Goni Alkali as the Managing Director. 

But early in July 2020, a year later, NEVGG   generated, fabricated, and  publicized damaging allegations against the NEDC management and bluntly called for the sack of the NEDC boss and its management for the abuse of the funds voted for the settlement, rehabilitation and reconstruction of the Northeast region ravaged by  Boko Haram terrorists.

And the allegations whirled instantly because it coincided with the frenzy of the probe of the over  N1trillion massive and multi-layered financial sleazes at the management of NDDC, another commission with a mandate to spearhead infrastructural development in the Niger Delta region.

Therefore, the House of Representatives picked up the gauntlet to investigate the alleged financial heist, two weeks later in the same month of July 2020.  The issue was brought before the House in a motion by the Minority Leader, Hon.Ndudi Elumelu and it was unanimously adopted. The House mandated its Committees on Finance, Procurement and the NEDC to meticulously investigate these allegations and submit its findings to the Green Chamber, thus setting the stage for the investigation of the commission.

But  the truth  deliberately undermined by the petitioners ‘was that  when the management of the NEDC commenced operations in 2019 upon inauguration,  the released  take-off grant was N10 billion only, though  N45 billion was the entire sum  budgeted for the commission in 2019. Other piecemeal releases later cumulatively pegged the total figure released to the NEDC at N25 billion in the 2019 fiscal year.  And for the 2020 budget, fresh funds had not been released to the commission at the time the allegations were raised and mainly due to the exigencies of Covid-19 pandemic.

Therefore, the figure of N100 billion bandied as allegedly embezzled sounded hollow and betrayed the concealed intention of the petitioners as conspiracists after the malicious persecution of Alhaji Mohammed Goni Alkali and the management of NEDC. So, the antagonists of Alkali only stirred the honest nest with such damning frivolities for selfish reasons.

But come to think of it, a peep into the books of account of the commission displays an impressive adherence to every financial management, disbursement and procurement law, which Alkali was accused of violating flagrantly. The attacks on his person were carefully crafted.

For instance, Alkali was alleged to have conspired with the Minister of Humanitarian Affairs, Disaster Management and Social Development, Hajia Sadiya Umar-Farouk to withdraw and squander N5 billion for the procurement of vehicles for the military without approval of  the NEDC board. But the decision to support the military operations in Northeast did not emanate from the NEDC management, but it came from recommendations of a communiqué of a Security Summit of the relevant stakeholders in Maiduguri, which pressed on the NEDC to support logistics for the Military.

And the NEDC board too was duly informed and gave its nod; but the amount expended for the purchase of vehicles was less than N5 billion as alleged. But since it was over the approval limits of the commission, due process was adhered, as the matter was referred to the ministerial tender’s board to the Bureau for Public Procurement. And advice was sought in the process and the approval granted.

Interestingly too, the probe established nowhere where Alkali neither committed funds of the commission to acquire landed properties in Abuja, Kaduna or Maiduguri nor paid himself monthly salaries and allowances amounting to N8.5 million, without recourse to the Salaries and Wages Commission as alleged by the petitioners.  Thus, the otherwise serious investigation of the NEDC management over misappropriated N100 billion and abuse of procurement laws morphed into a comic show.

In the NASS correspondence with ref. No; NASS/CAN/35/Vol.1/153, dated July 8, 2021, to the NEDC Managing Director, it communicated the decisions of the House of Representatives resolutions on the probe of the alleged misappropriation of 100 billion as follows;  (a) Commend the North East Development Commission for their due diligence in the execution of the projects; and also,   directed the management to hasten   to utilize other released, but  unspent funds in the commission’s custody.

In clear terms, the House of Representatives found out the truth and absolved the NEDC Managing Director, Alhaji Mohammed Goni  Alkali and his management team of any complicity in the handling of the commission’s finances.  Therefore, the NEDC under the leadership of Alkali remains a doyen of accountability and transparency in the execution of projects, as it seeks to ameliorate the sufferings and pains of people of the Northeast region devastated by more than 10 years of Boko Haram insurgency.

 

Attah is a legislative staff at the National Assembly and wrote this piece from Abuja.


Friday, August 6, 2021

Nigerian Courts Increasingly Acquiring The Reputation Of Temples Of Judgement, And Not Of Justice - Coalition

 


......Calls on National Judicial Council to commence investigation on Justice Nwosu-Iheme

The Global Centre for Conscious Living Against Corruption said that Nigerian courts have increasingly been acquiring the reputation of temples of judgement, and not of justice.

This was disclosed on Friday at a press briefing in Abuja by the Director General of the Coalition, Dr. Nwambu Gabriel.

“There is perhaps no greater point in our national history than now when public confidence in the judiciary is at an all-time low, Dr. Gabriel said.

He further said that as a coalition of non-partisan, non-governmental civil society organizations who have been observing elections across the country, the coalition have also followed the proceedings of court as it affects the Cross River North Senatorial District bye-election.

He said, “On the 30th of July, the Election Petition Appeal Tribunal headed by Justice Nwosu-Iheme ruled on the matter following an appeal filed by Joe Agi (SAN) consequent to the victory of Sen. Dr. Steven Adi Odey at the Election Petition Tribunal. The court declared Hon. Jarigbe Agom Jarigbe as the winner of that election.

The Coalition, as observers to the Cross River North Senatorial District bye-election observed three main mind burgling issues about the said judgement:

“That pursuant to Section 285 (13) of the 1999 Constitution (as amended). An Election Tribunal or Court shall not declare any person a winner at an election in which such a person has not fully participated in all the stages of the election thus rendering the order made on the 30th July, 2021 on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted before the trial tribunal that he was not given INEC Nomination forms and that his name was not forwarded by PDP (his political party) to INEC as its candidate.

“That pursuant to Section 141 of the Electoral Act, 2015 (as amended), an election tribunal or Court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election. Thus making the order of the Honourable court made on 30th July, 2021on INEC to issue certificate of return to Jarigbe Agom Jarigbe who admitted on oath not to have been nominated pursuant to section 32 (1) of the Electoral Act 2015 (as amended) for the bye-election of Cross River North Senatorial district held on the 5th December, 2020 and his name not forwarded by his political party to INEC as its candidate is without jurisdiction and illegal.

“That Jarigbe  Agom Jarigbe did not file a cross petition and so cannot be entitled to any relief of the court of Appeal warranting his being declared a winner of the election.

The coalition said that Justice Nwosu-Iheme who presided over the matter was very hostile in court on the 30th of July, 2021 as she shouted down on all the counsels in court and allowed only the counsel to Hon. Jarigbe to address the court. This raises a lot of curiosity.

The Coalition raises many questions such as “If not for corruption, how could a Justice of the court of Appeal Jettison Section 285 (13) of the 1999 constitution (as amended)?

“How could a justice jettison Section 141 of the Electoral Act 2015 (as amended)?

“How could a Justice use a pre-election matter for which Senator Odey and even the PDP, (a party Hon. Jarigbe claimed to have won a primary election) not joined in the matter held in Abuja (a court without jurisdiction) to determine an election matter thus violating and contradicting the fundamental principles of elementary law.

“How could a Justice of the court of Appeal use a matter purportedly filed by one Chief John Alaga who was not even a candidate of any political party in the 5th December, 2020 Cross River North Senatorial District bye-election to rule on an appeal?

Dr Gabriel further accused the Judge by saying that for the first time in the history of Nigeria, an election tribunal delivered a judgment in so much hurry. It commenced sitting on Tuesday and ruled on Friday. There were three appeals with all the processes, objections, motions, etc., with very voluminous documents. These documents were not read nor even opened.

“No doubt, the controversy surrounding this matter has attracted it to be in the public domain. A real huge disgust to the public

“Cases such as this keep reoccurring because Nigerians prefer to remain mute. People are often reluctant to speak out on issues such as this. Little wonders, corruption has become pervasive in our Judiciary today, he concluded