The widely orchestrated probe by the Nigerian House of Reps on the Niger Delta Development Commission, NDDC, could end up as a hoax after all. This impression was given by no less an authority than the Speaker of the House of Representatives, Femi Gbajabiamila, in his remarks about the health condition of the acting MD of the Niger Delta Development Commission (NDDC), Kemebradikumo Pondei.
In the remark by the Speaker on the floor of the House, which was widely reported in the media, the Speaker announced that the NDDC probe was neither “adversarial,” nor “inquisitorial,” but just a “a fact-finding mission for the people of Nigeria.”
“It is a fact-finding mission for the people of Nigeria. Just to make things better and we should handle this as such. No one is under inquisition. The fact must come out and that is why the committee is doing what it is doing”, the Speaker said.
The Speaker then announced that due to ill health, the acting MD of the Niger Delta Development Commission (NDDC), Kemebradikumo Pondei will not appear further before the panel over the investigation into an alleged fund mismanagement at the agency and that instead, the panel will use the documents submitted by the acting MD to conclude the hearing..
The Speaker’s empathy and apologies for the NDDC officials and the acting MD in particular as well his emphasis on the fact that the probe is neither adversarial nor inquisitorial rightly or wrongly suggest that the entire probe process may after all be no more than a legislative past time that is not intended to indict or hold anybody to account, merely to find out facts and figures for the records and no more, which would reduce the highly publicized probe of weighty allegations against NDDC to a mere legislative orchestra.
Pondei, who had earlier fainted during the House panel probe session was reported to have been sick for the past two weeks and was advised by his doctors not to appear before the panel as that would put a strain on his health. The Speaker wished him well and all the best on behalf of the Honorable members.
The Speaker went ahead to tender apologies to the top officials of the NDDC, “starting from the minister, Dr. Cairo and all the executive directors” over the poorly conducive conditions under which they had been invited to the House, and re-emphasized the point that the NDDC “is not an adversarial hearing. It is not even inquisitorial”.
Because of the poor conditions in the House, said Mr. Speaker, “we don’t need to hear further from the acting MD because he has already submitted his written report. I think you can use the documents to do the work that needs to be done”.
The Speaker’s empathy and apologies for the NDDC officials and the acting MD in particular as well his emphasis on the fact that the probe is neither adversarial nor inquisitorial rightly or wrongly suggests that the entire probe process may after all be no more than a legislative past time that is not intended to indict or hold anybody to account, merely to find out facts and figures for the records and no more, which would reduce the highly publicized probe of weighty allegations against NDDC to a mere legislative orchestra.
The Speaker’s posture could also rightly or wrongly evoke another controversial episode during one of the probe sessions where the Minister for Niger Delta Affairs, Senator Godswill Akpabio told the probe panel during interrogation that members of the National Assembly are the greatest beneficiaries of the NDDC contracts.
Hear Senator Akpabio: “Who are even the greatest beneficiaries of the contracts? It’s you people at the National Assembly. I just told you that we have records to show that most of the contracts in NDDC are given out to members of the National Assembly, but you do not know about it. The two chairmen can explain to you. I was a member of the NDDC committee, so I know about it.”
Curiously, the chairman of the investigative panel would not allow Senator Akpabio exhaust his statement before interjecting and interrupting him with appeals to stop. It’s Okay, it’s okay….please it’s okay, the chairman continued to plead as a female panel member tried to challenge Akpabio on his statement concerning contact awards to honorable members.
In what observers perceived as a face-saving gambit, the House of Reps through its Speaker, Hon. Femi Gbajabiamila, threatened Akpabio with a law suit for perjury for failing to name Reps involved in the alleged contract scam. The lawmakers had given Akpabio 48 hours to name the Reps involved. On the expiration of the ultimatum, the lawmakers branded the claim made by the minister while testifying before the Olubunmi Tunji-Ojo-led committee as perjury.
Although Akpabio later made a volte-face and denied saying that Reps members were beneficiaries of NDDC contracts, the Minister later went ahead to name some key Senators and Reps whom he said allegedly got inflated but unexecuted contracts from the Niger Delta Development Commission (NDDC).
The names of the Senators and Reps allegedly involved were contained in a letter the Minister reportedly sent to the National Assembly which was released to the public last Su nday night by the National Youth Council of Nigeria which presented the document to the media in Abuja.The Youth Council expressed disappointment that the Speaker of the House of Representatives, Femi Gbajabiamila, refused to disclose the list of federal lawmakers who benefitted from the contracts awarded by the (NDDC).
According to the document, Akpabio listed Nwaoboshi’s name against 53 projects which included, Emergency Repairs of Asue Street, Owa Phase 2, Emergency Repairs of ldumuogbe Road via Ojemaye, Emergency Repairs of Otolokpo College Road, Otololkpo, and Emergency Repairs of Police lshu Ani Ukwu Road, Issele Uku. They also included Emergency Repairs of old Sapele Agbor Road, Obiaruku, Emergency Repairs of Ehwerhe Obada Road Agbarho Road, Emergency Repairs of Hon. Ifeanyi Eboigbe Street Boji Boji Owa/Goodwill Street, Owa Alero, and Emergency Repairs of Ahiama Okwu to Obuocha Okwu among others. Also the Minister listed Mutu’s name against 74 projects which included various emergency road projects in Delta, Akwa Ibom, Bayela, and Rivers states. Other lawmakers that Akpabio listed projects against are, Senator Mathew Urhoghide (6), James Manager (6), Sam Anyanwu (19), and others simply identified as Ondo and Edo reps,” the letter read.
Addressing newsmen in Abuja, the President of the Council , Solomon Adodo, said: “Mr Speaker did not do us justice when he did not disclose to the National Assembly that the list of the beneficiaries he demanded had been disclosed and attached to the letter sent to him. Gbajabiamila’s decision to cover up his colleagues is unfair to the fight against corruption, quest for transparency, and to the commonwealth of our nation. We therefore urge Mr Speaker, Femi Gbajabiamila, to resign for covering up for a set of people who had erred and breached the rules of contract.
“All the National Assembly members who benefitted from the contracts without executing them should be prosecuted to serve as deterrent to those who may want to follow a similar path. It is a clear case of organised crime to have individuals who benefitted from illegality now rising to probe the fact that their illegality is being exposed. We call on all the anti graft agencies and security agencies to, in line with the directive of President Muhammadu Buhari, immediately proceed and go ahead with their investigation of the matter.”
In the document displayed by the Youths Council, Akpabio was quoted as having said that his letter became necessary because “the investigating Committee on NDDC refused and/or neglected to give me the opportunity to explain that reference to most NDDC contracts yearly being awarded since 2001 from the records allegedly to members of the National Assembly in both Chambers were done without the knowledge of the alleged beneficiaries.
“However, the two Chairmen of the Committees in both Chambers had adequate knowledge,” Akpabio reportedly stated.
Akpabio’s letter as released by the Youth Council further read: “To show you some typical examples, herewith attached are documents showing nature of contracts amount of such contracts (in some cases), date of awards and beneficiaries some were awarded to the two chairmen of both committees in the House of Representatives and the Senate, respectively, serving at the period of the awards (Annexures ‘B’, ‘C’ and ‘D’).”
The council, which declared it got the document from the National Assembly, however said Akpabio failed to make the document public because he obtained it from the forensic auditors in confidence. The contracts were mainly for road construction, reconstruction rehabilitation within the nine Niger Delta States.
Akpabio’s letter which was also copied to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, read in part: “May I extend to Mr Speaker the compliments of my office and those of the staff of the Ministry of Niger Delta Affairs.
“I refer to the resolution of the House passed on the 21st July 2020 and forwarded to me on the same day Ref. NASS/HR/LEG/3/36/VOL.ll/O8 directing me to respond to the contents therein within 48
“The investigating Committee on NDDC refused and/or neglected to give me the opportunity to explain that reference to most NDDC contracts yearly being awarded since 2001 from the records allegedly to members of the National Assembty in both Chambers were done without the knowledge of the alleged beneficiaries. However, the two Chairmen of the Committees in both Chambers had adequate knowledge”, Akpabio reportedly stated.
Akpabio reportedly stated.
Akpabio’s letter as released by the Youth Council further read: “To show you some typical examples, herewith attached are documents showing nature of contracts amount of such contracts (in some cases), date of awards and beneficiaries some were awarded to the two chairmen of both committees in the House of Representatives and the Senate, respectively, serving at the period of the awards (Annexures ‘B’, ‘C’ and ‘D’).”
The council, which declared it got the document from the National Assembly, however said Akpabio failed to make the document public because he obtained it from the forensic auditors in confidence. The contracts were mainly for road construction, reconstruction rehabilitation within the nine Niger Delta States.
Akpabio’s letter which was also copied to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, read in part: “May I extend to Mr Speaker the compliments of my office and those of the staff of the Ministry of Niger Delta Affairs.
“I refer to the resolution of the House passed on the 21st July 2020 and forwarded to me on the same day Ref. NASS/HR/LEG/3/36/VOL.ll/O8 directing me to respond to the contents therein within 48
“The investigating Committee on NDDC refused and/or neglected to give me the opportunity to explain that reference to most NDDC contracts yearly being awarded since 2001 from the records allegedly to members of the National Assembty in both Chambers were done without the knowledge of the alleged beneficiaries. However, the two Chairmen of the Committees in both Chambers had adequate knowledge.
“I never referred to members of the 9th National Assembly as beneficiaries of NDDC contracts as NDDC is yet to fully implement any NDDC budget since the commencement of the 9th National Assembly. In fact. the 2019 budget passed in February and harmonised between the 4th and 5th of March 2020 was received by the Commission in the middle of April, 2020, when same was designated to expire on the 31st of May, 2020.
“However, it is pertinent to point out that the Clerk of the National Assembly forwarded a letter Ref. NASS/CNA/115/VOL.38/1175, dated 20th March, 2020, without attaching the budget details indicating that the 2020 budget of the NDDC passed into Law was being fonlvarded (copy of the letter is attached as Annexure ‘A’). This anomaly was brought to the attention of the Senate Ad Hoc Committee investigating a purported financial recklessness by the management of the commission in July 2020, though the first outcry was on allegation of missing N40bn which was totally untrue;
“It has always been known that the two chairmen of the committees on NDDC in both chambers yearly exhibit unusual influence to the exclusion of committee members and even the management of the NDDC in appropriating funds to details embellished in the budget after passage of line items at the plenaries. In the 2019 budget, the Executive Director Projects forwarded to me the attached list of 19 Nos. old contracts amounting to almost N9bn after tax, that the House of Representatives Committee Chairman on NDDC, Honourable Tunji-Ojo, insisted the IMC of NDDC must pay before 2019 budget details could be released to the commission (see Annexure ‘A1’).
“To show you some typical examples, herewith attached are documents showing nature of contracts amount of such contracts (in some cases), date of awards and beneficiaries some were awarded to the two chairmen of both committees in the House of Representatives and the Senate, respectively, serving at the period of the awards (Annexures ‘B’, ‘C’ and ‘D’). However, due to the 48 hours notice, the forensic auditors could not sift through the thousands of files in their possession to provide more.
“The above explanation would have been made if the investigating committee did not shut me out from responding to the abuses on me by the lady representative called Boma.
“May I assure Mr Speaker that as a former Minority Leader of the 8th Senate of the Federal Republic of Nigeria. I shall forever promote the ideals of the. National Assembly as an institution. Hence. I would not make the attached documents public, since I obtained the documents from the lead forensic auditors in confidence (find attached Annexures ‘E’ and ‘F’ being my request to the lead forensic auditors and their response).
“Permit me to explain that any reference to 50 per cent or 60 per cent during the investigative hearing was in answer to a question by an honourable member of the committee as to whether or not, a medical doctor could act as Executive Director Projects within the confines of the NDDC Act 2000. I answered in the affirmative, pointing out that the greatest project in the world today is COVlD-19 pandemic, which is medical in nature. Furthermore, I am made to understand that 50 to 60 per cent of NDDC yearly budgets are medical in nature. Therefore, it is fitting for a medical doctor to act as Executive Director Projects in these trying times.
“Please accept, sir, the assurances of my esteemed regards and do pass my explanation to my colleagues in the 9th Assembly who probably misunderstood my assertion.”
Notwithstanding, the House of Reps Olubunmi Tunji-Ojo committee in its findings and recommendations indicted the Prof. Kemebradikumo Pondei-led Interim Management Committee (IMC) and urged the Economic and Financial Crimes Commission (EFCC) to probe persons found wanting in the mismanagement of funds running into billions of naira.
Part of the recommendation reads:
“That these gross violations should be reported to the anti-graft agencies for further investigation, prosecution and recovery;
“Niger Delta Development Commission (NDDC) Management is requested to seek a refund of N19.7million from Olumuyiwa Bashiru & Co and report back to the House with a proof of compliance latest 45 days from the adoption of this recommendation;
“That the Project Monitoring Department should carry out an appraisal of the extent of work done so far by Clear Point Communications Limited and quantify same in monetary value against the scale of fees in the media industry and pro-rate the payment while the remainder should be refunded.”
The committee also recommended that the total sum made to the acting managing director, the executive directors and other directors of NDDC to attend overseas graduation be refunded.
The recommendations include:
“A scrutiny of the medical treatment bills/insurance payments made by the commission to ascertain theiThe Speaker’s empathies and apologies for the NDDC officials and the acting MD in particular as well his emphasis on the fact that the probe is neither adversarial nor inquisitorial rightly or wrongly suggests that the entire probe process may after all be no more than a legislative past time that is not intended to indict or hold anybody to account, merely to find out facts and figures for the records and no more, which would reduce the highly publicized probe of weighty allegations against NDDC to a mere legislative orchestra.r appropriateness especially given that the commission has health insurance and referral partnerships and it is still making payments for staff medical treatments. These cases should be referred to the anti-graft agency for diligent investigation, prosecution and possible recovery.
“That the court proceedings and the court judgment be made available to the House within 14 days and failure to do so, he should be reported to the anti-graft agencies for further investigation and possible recovery.”
In its own report, submitted and read by the Senate Committee Chairman, Senator Olubunmi Adetunmbi, the NDDC was said to have spent the N1.3 trillion between 2015 and May 31, 2019, many of the expenses extra-budgetary.
The report also revealed that the NDDC paid 4.9 billion Naira to staff for numerous allowances including COVID-19 relief, tour duty allowances, overseas travel, and international scholarships.Curiously, the payment for overseas travel and scholarship was during the lockdown and cessation of flights abroad. The report also indicted the ministry of Niger Delta which it held culpable for negligent supervision of the NDDC.
The report recommended the dissolution of the NDDC Interim Management Committee (IMC) which it said was a major issue as the record of the IMC has not shown any record of prudence management.
The committee also raised an alarm over the forensic audit called for by President Buhari, which is still at a rudimentary level with the recruitment of the auditors still underway even after eight months of the president’s directive.
This disclosure tends to lend credibility to the suspicion that some forces are at work within and outside government and the National Assembly to whittle down the NDDC probe process and its possible findings, just as is the case with several other probes and indictments in the country before now never yielded any tangible results of effects on the fight against corruption.
The Senate had on May 5 this year set up a seven-member ad-hoc committee to probe the “financial recklessness” of the Interim Management Committee (IMC) of the NDDC and specifically directed to probe the IMC for allegedly squandering N40 billion in three months and seek account of other financial transactions within this period.
Similarly, the House of Representatives Committee on Niger Delta commenced investigative hearing on the mismanagement of N81.5 billion between January and July, 2020 by the commission.
Nigerians are waiting to see what the two chambers will ultimately come out with on the NDDC, and how far their committee recommendations will be implemented or whether they will go the way of past probes and recommendations to the dustbin of history of war against corruption.
THE ECHO 