Senate probe of NNPC under Gaius-Obaseki, 2003THE Senate probe of the NNPC under the former group managing director, Jackson Gaius-Obaseki, had all the ingredients of a fiery feud '' anger, bitterness, confusion and determination. All the gladiators '' politicians, bureaucrats and business moguls '' are hard-nosed about the strategy for destroying their opponents.ReasonHamman Tukur, chairman of the Revenue Mobilisation, Allocation and Fiscal Commission, RMAFC, had in a letter dated September 10, 2002, to Gauis-Obaseki alleged that the country had lost colossal sums of money through inappropriate accounting system and sharp practices by the NNPC. The letter, which was also copied to Kanu Agabi, former Attorney-General of the federation, alerted the nation that all was not well with the Federation Account. Tukur was reported to have said that the country lost N302 billion in the year 2002 from the operations of NNPC. He also said that the NNPC's account with the Central Bank of Nigeria, CBN, was an illegality and designed to circumvent the Supreme Court judgement that nullified the practice of paying joint ventures partners their cost of production as first line charge on the Federation Account. This was part of the Supreme Court ruling in the celebrated resource control suit between the Federal Government and oil- producing states or the littoral states.The discomfort of the House of Representatives with the controversy forced it to set up a committee to verify the veracity of the allegation of missing oil money and other issues raised by the revenue commission. The House in its report dated March, 2003, said 'it took this step after Tukur expressed dissatisfaction with the attorney-general's letter of October 22, 2002, giving clarifications to the queries raised against the NNPC.'OutcomeThe House committee in its decision, said it was unable to establish the veracity of the claim of the RMAFC, that following the Supreme Court judgement in suit S.28/2001 delivered April 5, 2002, which made the NNPC to open a Cost Account with the CBN, had by that move, annexed the Federation Account. 'It would have been a different matter if the Cost Account were opened in a commercial bank. If this were the case, there would have been reasons to suspect under-the-table deals,' the report said. It also added: 'Unless and until the court decides otherwise, and/or a review of the NNPC Act is effected by the National Assembly, the legal views of the attorney-general shall prevail under the prevailing circumstances,' the committee said. According to the House, 'although the allegation of the Revenue Mobilisation, Allocation and Fiscal Commission that the domestic crude of 445,000 barrels per day may not have received the approval of the Federal Executive Council, the House committee notes and observes that the Appropriation Act of 2002 fully recognised and appropriated the same quantity to the NNPC.' The committee also observed that the entire process of sale of excess unrefined domestic crude and importation of finished petroleum products was captured in NNPC annual audited accounts, which was submitted to the auditor-general of the federation and published in accordance with financial regulations.'Such checks are necessary to always reflect fluctuations in the price of products in the spot market and reflected accordingly in all returns. The committee said that what constituted the nation's quota from OPEC during the period under review needed to be revisited to resolve the differences in figures between the RMAFC and the NNPC. This, the committee said, also applied to the differences arising from what constituted the equity participation of the country in Joint Venture arrangements. 'Until this is done, there may be no end to the confusion arising from the variance in figures being quoted by RMAFC and NNPC,' the committee said.House of Reps probe of the power sector, 2008The Ndidi Elumelu Committee was constituted to probe why the nation remained darkness after billions of dollars had been expended to improve power sector was accused of a N5.2 b scam; the hunter suddenly became the hunted.Three years after the charges against the hunters were struck out following alleged presidential interference. So, it turned out that both the hunters and the hunted are effectively off the hook, thus bringing to closure another scene in the long drama of Nigeria epic-corruption.RecommendationsThe committee recommended that former President Olusegun Obasanjo should be called to account for the $16 billion allegedly expended in the power sector during his tenure, and that the EFCC and ICPC should investigate him.The report also described Senator Liyel Imoke, the former Minister of Power and Steel, as the principal author of the executive waiver of 'Due Process'. It holds him liable to account for over-costing of projects and subverting the Electric Power Sector Reform Act 2005. The Committee recommended that he be thoroughly investigated by the EFCC and ICPC.Others recommended for investigation and/or discipline, include: Alhaji Abdulhamid Ahmed, former Minister of State Energy, for his patently and willful manipulation of due process, flagrant abuse of due process, gross abuse of financial procedures in the award of contracts and payments, especially during the last weeks of the Obasanjo administration. The Committee recommended that if found culpable, Alhaji Ahmed should be banned from holding public office for the next 10 years and if he is already holding any, he should be recalled and the appointment canceled.Dr. Olusegun Agagu, former Minister of Power and Steel: During his tenure in 2002, was found by the committeee to have awarded, including contracts to some unregistered companies.Engr. Joseph Makoju, former MD of PHCN was upbraided for gross incompetence in the management of PHCN, the sector reforms and the NIPP. The Committee recommended that he should be investigated by EFCC and ICPC and if found culpable, he should be banned from holding public office for the next 10 years and if he is already holding any, he should be recalled and the appointment cancelled.Similarly, the Committee indicted 16 companies with the consistent recommendation that they be further investigated by EFCC and ICPC with a view to recovering huge sums fraudulent received on power project contracts.'The hunters were later charged to court over allegation of misusing N5.2b in the course of their investigations of the $16b IPP scam had their papers thrown into some wardrobe at the villa.Senate probe of FCT, 2008In its twenty-page interim report presented to the Senate, the Senator Abubakar Sodangi-led panel concluded that Malam Nasri el-Rufai's actions in terms of land allocation was a 'gross abuse of office/power and a crass, primitive and undue acquisition of wealth without caution or regard for society', and recommended that 'all officers who abused their offices in whatever form by illegally selling a house, ejecting a person without due process or acted in defiance of an existing court order should be prosecuted by the Attorney General of the Federation.'FCTA officials under el-Rufai were also found to have disobeyed court orders and disregarded due process in the execution of policies such as demolition and eviction of persons from government houses.On land administration, which accounted for four hundred and twelve memoranda submitted, the Senate FCT committee faulted el-Rufai, saying his acts were found to be 'absolutely illegal.'The Senate FCT Committee said el-Rufai acted outside the law when he hastily allocated 4,352 plots in less than 30 days to his exit from office as FCT minister.But the former FCT Minister defended the allocation of plots of land to former President Olusegun Obasanjo and his family members in the FCT.RecommendationThe committee therefore recommended that all land allocations by el-Rufai which he signed between May 15 and 29, 2007 when he was no longer a minister be revoked and returned to their original owners.'Revoke the Certificate of Occupancy of the 19 plots at Jabi Lakeview Estate for irregularities in the allocation process and non existing allottees,' the panel added.House probe of Railway projectA financial audit into payment of $7.7 (about N1billion) to Technics Engineering Architecture Marketing (TEAM), an Italian company, without drawing the attention of its Nigerian associate, was undertaken by the House of Representatives.The payment done at the instance of the Federal Ministry of Finance is part payment for consultancy services of $240million for the construction of Ajaokuta-Itakpe-Warri rail project entered into by the administration of former President Olusegun Obasanjo, which was later jettisoned.The House Committee on Land Transport probed into the issues associated with the completion of the project.Chairman of the committee, Bernard Udoh queried the payment of the money to an Italian company not registered to carry out business in Nigeria, just as he observed that it was not guaranteed by bank bond as required by the law. He also queried the non-remittance of withholding tax and Value Added Tax (VAT) to the authorities on the money paid.The committee also queried the decision of the company to cart away government properties, including furniture and 21 project vehicles in lieu of debt owed it from the rail village when the contract was cancelled.Udoh equally pointed out that the company sacked all Nigerian engineers in the company opting to employ expatriates.DiscoveriesThe committee in the course of the investigation discovered that the only Nigerian engineer in the employ of the company, Mr. Chinedu Nwazoje had ceased to be one, having defaulted in the payment of dues for the Council for the Regulation of Engineering in Nigeria (COREN) in the last three years.It was also discovered that the company never registered with COREN, a pre-requisite for practice of engineering profession and consultancy in Nigeria .SubmissionsThe committee however, disagreed with the auditor's submission, insisting that the nation would have been shortchanged in the payment.Committee members were also suspicious of the motive for the payment made directly to the Italian company without reference to its local counterpart.The committee submitted that it was either somebody was trying to evade tax or trying to launder funds, using the company as a decoy.Senate BPE probe, 2011While the Senate ad-hoc committee on BPE exonerated former President Olusegun Obasanjo, who was fingered by some Senators of allegedly frustrating the privatisation exercise, it in 45-point recommendations approved the immediate sack of Director General of Bureau of Public Enterprise, BPE, Ms. Bolanle Onagoruwa.The report was submitted to the Senate by the chairman of the committee, Senator Ahmed Lawan.RecommendationsIt recommended the cancellation of the sale of Daily Times Nigeria Plc, DTN, to Folio Communications Limited, as it specifically asked the National Council on Privatisation, NCP, to rescind the sale of the 140,252,900 DTN shares to Folio.The committee's recommendation on DTN was based on three court judgments, which had earlier stripped Folio of its shareholding in the newspaper company and affirmed that the only valid shares in the DTN are the 93,501,936 shares held by DSV Ltd and the 9, 600 shares held by various shareholders.The report reads: 'Director General of BPE, Ms. Bolanle Onagoruwa be relieved of her appointment for gross incompetence in the management of the BPE and for illegal and fraudulent sale of the 5 percent FGN residual shares in Eleme Petrochemicals Company limited.'That Dr. Julius Bala should be investigated by the anti graft agencies for giving approval to Folio Communication Limited for the illegal sale of assets of Daily Times Nigeria Limited.'That former Director Generals, Mallam Nasir El-Rufia, Dr. Julius Bala and Mrs. Irene Chigbue should be reprimanded by the National Council on Privatization, NCP for seeking approval directly from the President instead of the NCP as stipulated by in the public enterprise act 1999.'That the NCP should rescind the sale of Daily Times Nigeria Plc to Folio Communication limited in keeping with court judgment.'That anti graft agencies should work with BPE to recover the sum of 70 million of African Petroleum Plc looted by the former head Finance and Accounts, Mr. M. Ajayi and former Treasurer, Mr. Pius Idigo both formerly of the company prior to privatization in 2001.'That the management of BPE be reorganized to make it effective and efficient and that Presidential interference in the privatization process should be avoided in future.'That BPE should close all privatization proceeds in commercial banks and henceforth put all proceeds in privatization proceeds accounts in the Central Bank of Nigeria in compliance with section 19 (1) of the public enterprise act 1999.'That BPE should discontinue the use of privatization proceeds to settle staff terminal benefits, consultancy fees, transaction expenses and execution of capital projects.'That the Share Purchase Agreement of Volkswagen Nigeria Limited now VON Automobile Nigeria Limited should be rescinded for non-performance as provided in the SPA and re-advertise for sale.'That the EFCC should immediately be drafted to investigate the economic crimes being perpetrated against the nation at VON Automobile Nigeria Limited premises in Lagos by Barbedos Ventures Limited.'That the NCP should rescind sale of Delta Steel Company to Global Infrastructure Holdings Limited and Global Infrastructure Nigeria Limited and re-advertise for sale.'That the federal government should implement the Inter-Ministerial Technical Audit Report on Ajoakuta Steel Complex dated July 2011 which recommended completion and commissioning of the plant by the federal government.'That the NCP should rescind the sale of Jos Steel Rolling Mills for non-performance and re-advertise the enterprise for sale. That the federal government should ban the export of waste paper form Nigeria being raw material for paper production.'That Nigeria Re-Insurance Plc should immediately refund the sum of N1 billion paid by BPE to the federal government being money paid by BPE on February 2007 as contribution for recapitalization with accrued interest.Senate probe of FG sales of houses in Lagos and AbujaSequel to several petitions complaining that certain choice properties were allocated to 'Notable Nigerians', who were not sitting tenants and who never participated in the open bidding process in the sales of Federal Government houses in Lagos and Abuja, senate committee on housing instituted a probe.RecommendationsThe Federal Government was urged by the committee to sack the Executive Secretary of the Presidential Implementation Committee (PIC), Dr. Mohammed Lawal Yahuza.The committee found officials of the Presidential Implementations Committee (PIC) wanting for alleged unwholesome acts, including preferential treatment and allocations in breach of the guidelines and the constitution.The report recommended for the Federal Government to carry out sweeping personnel changes in the committee to be able to sanitize the sector.This was even as it recommended the dissolution of the PIC board and the disbandment of the Presidential task force forthwith as no such body is recognized under any Nigeria law.The report revealed that members of the PIC hardly meet to discuss and take decisions on its functions, with the result that the Executive Secretary now assumes the whole powers of the entire body, and this has given rise to unchecked despotism and abuse of power.The committee also asked that the upper chamber to invoke its constitutional powers to compel the then Minister of Housing, Nduese Essein, and Yahuza to appear before it to produce the financial records of the committee.The committee recommended in the report that sitting tenants should be allowed to take advantage of the extension of time granted all sitting tenants because 'the whole idea behind the sale of the houses is to make it possible for government workers to own their own houses.Senate probe of Establishment and Public Service (Pension)The Senate had, last November, given the Senate Committee on Establishment and Public Service the mandate to investigate the administration of pension funds and the payment of pensioners in Nigeria. This was sequel to series of petitions and the outcome of investigations carried out on the agonising and depressing plights of Nigerian pensioners.In view of this, the committee decided, among others, to look into the number of existing pensioners in Nigeria, monthly pension amounts or entitlements, the amounts so far released by the Federal Government in the last seven years to various pension offices and systems and how they were utilised. It is also looking into how much pension arrears the government owes and to whom, the amounts required to pay off all outstanding pension arrears and entitlements without further default, among others.In order to expand its scope, the Committee on States and Local Government Administration was co-opted into the task. The Chairman of the Joint Committee, Senator Alloysius Etuk, however, assured that the committee would recover all pension funds wherever they might be lodged in, saying that it would go after all the bigwigs, both in and out of service, connected with the administration of pension funds in the country.TaskThe committee, in order to unravel the problems, conducted public hearings in the six-geo political zones of the country. It held its public hearing in Abuja for the North-Central zone, followed by Lagos for the South-West; Gombe for the North-East; Uyo for South-South; Kaduna for North-West and Enugu for South-East.In all the venues for the public hearing throughout the zones, it was a display of aggression, frustration, hunger, anger and confrontation. One could see that the pensioners were real senior citizens who had been exposed to torture and hardships.NASS Probe listsSenate probe of NNPC under Gaius-Obaseki, 2003House of Reps probe of energy sector, 2008Senate probe of FCT Minister, El-Rufai, 2008House probe of Railway projectSenate probe of Jos crisis, December 2008House probe of Finance Ministry over 2007 budget, 2008House probe of Jos crisis, January 2009House probe of Customs scam, January 2009Senate probe of Obasanjo and Yar'Adua on solid minerals special account, February 2009NASS probe of World Bank Aviation loans of 2006 in March 2009Senate probe of FG sales of houses in Lagos and AbujaHouse probe of sale of Nigerian House in New York, February 2010Senate probe of lead poisoning in Zamfara, 2010Senate probe of NIMASA and Shippers Council in 2008Senate probe of Ajaokuta Steel Company concession in March 2008Senate probe of Transport ministry 1999-2008 in May 2008House probe of NNPC fundSenate probe of transport sector in September 2008House probe of the Salami/Katsina Alu face-off, 2011Senate probe of Establishment and Public Service (Pension)Senate probe of the Bureau of Public Enterprise (BPE)House probe of the capital market, 2012
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