05 Jul 2009 |
|
Despite the fact that it is “small economies” that will suffer most should the world economy get over-depressed, many “small economies” have actually folded their hands doing nothing, waiting for the “large economies” to sort things out.
To save their economy, nations, especially America have had to “assist” companies to survive the crunch so as not to keep laying-off their workers, something which sinks the nation’s economy into a deeper hole than it already in.
Banks, Insurance companies, Auto industry giants and other Conglomerates have all gone into re-negotiation with their creditors. It is in the light of these “realities” that l want to comment on the recent brouhaha between the Minister for Information, EFCC and Mobitel Communications, that led to the arrest of Mobitel’s CEO and Chairman and the subsequent court case that followed suit. Lets have a recap: Nigerian Communications Commission (NCC), is the Government agency that regulates telecoms, including license fees. Not the Min. of Information & Communications (directly), even if NCC is an arm of the Ministry. Mobitel was almost moribund and decrepit before some Nigerians, including the current CEO, decided to inject “investment funds” into it and by so doing, acquire and assume whatever debt it is owing its creditors Mobitel was owing the NCC about 750Million naira as at October 2008. (We will comeback to the issue of over-billing) Mobitel and NCC went into discussion/Negotiation/Discounting/Bargaining/Debt buy-back or whatever we want to call it. Mobitel’s debt was waived/discounted for about 250Million naira by the Agency, (and therefore the Government of the day) and Mobitel paid-up the 500Million naira balance (This waiver was documented (EFCC website) via letter from NCC to Mobitel in Oct 2008) A new Minister comes in and a “strong disagreement” ensued with the Head of NCC in what some called a “show of strength”, ala Nigerian style. We are not so concerned with their “roof-rofo” fight, if two matured adults can not reason together like adults! New Minister, through a company’s petition (A3 & O Ltd), also petitions the EFCC concerning the said “waiver” given to Mobitel by the same NCC under her umbrella, claiming that the said waiver should be paid to the Government’s purse. EFCC, acting on the Minister’s petition, arrested and detained the company’s (Mobitel) CEO and chairman on the orders of a court (The arrest warrant issued by such court is yet to be produced) In detention and under investigation, Mobitel Executives “agreed”, and thereafter, issued and paid with a draft, 48million naira of the said waiver. Balance remaining is about 198Million. Mobitel went back to NCC to seek a “re-statement” of their agreement and the true spirit of the “waiver”. Both NCC and Mobitel wrote EFCC that the waiver was in order. Note: NCC is the “only constitutional authority” on license fees, fee administration for Telecoms firms and waivers on such, if any. EFCC claimed Mobitel “reneged” on its promise to pay the balance and got another court order and re-arrested them a second time. Again, we are yet to see the second court-issued arrest warrant. Mobitel went to court and sought a restraining order on EFCC. The court granted their request. NCC also showed evidence that they were actually owing Mobitel (over-billing) and that the “waiver” was for debt owed to Mobitel. In the light of the above facts, we should now ask relevant questions. Can any law enforcement Agency arrest someone for stealing when “nothing” has been declared stolen by the custodian of such item? EFCC is basing its powers-of-arrest on the clause that the said Petition affirmed that Mobitel got a “waiver” and that waiver was illegal. Also, that Mobitel has agreed, it got a waiver and it would pay back such amount (250Million) The question arising from that are: Is it a crime to get a waiver from a Government agency? NO Will Mobitel be the first company to get a Government waiver? No! All the GSM companies like MTN, got all sort of waivers when they were to set-up operations in Nigeria. It’s a way of encouraging and assisting companies to overcome initial setup problems and difficult operating terrain….. And its not a crime l know of! Moreover, most of this #750 Million debt were incurred when the company was “not in business”, as a result of its “receivership”, before the new owners purchased it with it’s “accrued debt”. Recently, the Revenue department in Lagos state and the Lands dept also “re-negotiated” peoples debt to the government as a way of collecting what was “feasibly collectable”, wavering the rest and l do remember that this same EFCC took a “plea bargain”, a sort of “debt negotiation” (even if it was a very “dirty bargain” and not in the interest of the public in any way!) from some “treasury looters” who have now become its best of friends! Since NCC controls “Telecoms licensing”, in all its ramifications in Nigeria, Billing, Collection and Prosecution for default falls under its responsibility. On whose authority should the EFCC be acting, when prosecuting defaulters? Certainly, that of the NCC. If the NCC has come out to say Mobitel is not owing and has not contravene any of its (Nigerian Telecoms) laws but rather, it was the NCC that should actually be apologizing to Mobitel for wrong/over-Billing, on what grounds does EFCC exercise its power of arrest and detention? Can one cry more than the bereaved? EFCC also claimed that since the executives of Mobitel have issued a draft of 48Million as part payment, then it shows that they are “owing and guilty”. Again, this assumption has no basis since the decision to “part-pay” was not reached in a court of law. At best, it can be assumed that EFCC actually threatened and arm-twisted a law abiding company into parting with money just for the “sake of peace”. For the fact that Mobitel executives reneged on that payment agreement, is a pointer that it was not done in good faith and was probably done under duress. And rightly, they have gone to court to seek clarification and redress. (4) Government is not expected to be at war with itself and as such, if one Agency of government (NCC), the rightful agency empowered by law to oversee and pronounce on such situation, says you are not in infringement, is it not an abuse of power for another sister Agency of government (EFCC) which does not have regulatory powers over the matter in contention, to “arrest and detain” the accused? (5) If we assume that Mobitel is actually owing the NCC, whether it was a waiver or discount or re-imbursement for over-billing, WHO SHOULD KNOW BEST? EFCC or NCC? Who has the facts? Who computed the figures? Who issued the invoice, Who will payment be directed to and who should complain that a company is in default of payment? If the answer to the above questions points to NCC, on what grounds then is the EFCC acting? Just on the Ministers prompting? Is there a hidden Agenda here? (6) Instead of petitioning the EFCC, why did the Minister for Information not constitute an “Internal enquiry” to determine if actually, Mobitel was granted a waiver or was it a discount, if it was being owed through over-billing, and whether the NCC chairman has the powers to do such and then see whether a “criminal case” has been established and if so, charge the NCC chairman and Mobitel to a law court, under relevant constitutional sections….or are we now in banana republic where force (arrest and detention) comes first before questions are asked? (7) If the EFCC decides, based on the petition of the Minister for Information & Comm, that Mobitel is guilty, what does EFCC then makes of the Chairman of NCC and all its professionals? Are they liars, collaborators and subversive elements? If the answer is YES, then, the FIRST people to arrest is the chairman of NCC and his management, not Mobitel executives. And by current events, NCC has RE-AFFIRMED that Mobitel is not owing it a dime so, is EFCC waging its own private war?...and why? Is this Vendetta or upholding the law. (8) What steps has EFCC taken to ascertain the genuineness of the “Petitioner”? If revelations that “A3 & O Ltd”, who are supposed to be the alleged petitioner, with vested interest, denied writing such petition and the “Company Registration number” (RC) and address used on such Petition were “untraceable” (fake, as some would say!), thus this not make it even necessary that EFCC needs to thread with caution since “no legality can be borne out of an initial illegality”? Was the petition forged? (9) The EFCC, as an investigative outfit, by now, knows “how” the waiver came about: it was a negotiation between the regulatory authority and the company. The Government did employ someone (the NCC chairman) to look after its interest and negotiate on its behalf with Telecoms companies so, if the Minister is not happy, she should go to the National Executive meeting and lay her complaints to Mr. President, with authority to discharge the NCC chairman of his responsibilities but until that is done, whatever “agreement” that the NC-Chairman enters into on behalf of the Government, is binding and of “full-effect” on both the Government and the other contracting party (Mobitel) (10) If the EFCC feels there is a “conspiracy” to deny the Government of its due revenue, we ask, where has the EFCC been all these years when Government was granting import duty waivers and concessions on all sorts of things, where was the EFCC when the Government was granting waivers to the other Telecoms outfit in the country and why should the case of Mobitel be an exception? Is the EFCC constitutionally empowered to “override” Government waivers? (11) If truly it is possible for Mobitel to conspire with NCC and do so, so brazenly, then the NCC chairman and all its top hierarchy should be arrested and charged before a proper law court for “subversion” and let them prove their case. If found guilty then, Mobitel should be next in line as a “co-conspirator” but to leave those ones alone (even when they (NCC) come out openly to state that they erred and that they are actually owing Mobitel for “over-billing”), tantamount to an abuse of power on the part of EFCC and gives further ammunition to the rumor that this issue has something to do with the power tussle between the Minister and the NCC chairman. It is instructive to note that the Technology Mobitel wants to deploy (WiMAX) as early as this month,would pose a stiff challenge to some existing broadband providers in Nigeria who provide shoddy, low-quality internet service while charging Nigerians a hefty amount for such poor service! You can imagine the rest! But the question is in this era of economic recession, unemployment and national re-branding, we can not afford to rubbish the efforts of patriotic Nigerians to create jobs (something the Government itself has found very difficult to do, despite all its “expenses” on luring foreign investors to the country and un-ending re-branding!) by making then the “grass that suffers” when two elephants are fighting! Let us remember that the former M.D of Mobitel, Engr Alaba Joseph, was “found dead” in a pool of his own blood (2005), in an alleged “jump-down” suicide which his wives said was impossible, as a gun shot wound on his head revealed he was shot and the “Police pathologist” who confirmed that he was murdered, contrary to initial Police report, suddenly disappeared! His death was not unconnected to an enforcement of a “receivership order” by a commercial bank in Lagos, which his company was owing. May his gentle soul rest in peace. http://nm.onlinenigeria.com/templates/?a=5286&z=12 Its even childish that Ministers and Agency Chairman can not put their personal ego aside and address the “country’s business”, as it should be done. (12) Whose interest does the involvement of EFFC, in this matter, serve? Who suffers and who stands to gain? How much of tax-payers money and “investible” funds and energy would be wasted at the end of the day and who would be held responsible for such wastage, be it on the part of NCC, Mobitel or EFCC? In the interest of the nation, its effort to lure foreign investors, to create jobs, develop infrastructure, improve our economy and “re-brand” our national image abroad, this mater should have been treated with a “phone call” or “memo”, between the two warring “elephants” and the integrity and loyalty of the NCC chairman to this country, which is now being called into question, preserved! Since the matter is in court and l would not be “sub-judice” by concluding that EFCC has over-stepped its bounds or that Mobitel is guilty of conspiracy and defrauding, we would keep our fingers crossed and see which way the pendulum of justice would swing. Mr. "Deji Saanu is an I.T. Specialist and Digital Security Consultant.
|
||||||||||||||||||||||||||||||||||||||
The current economic recession knows no boundaries. From very rich nations to very poor ones, companies are closing down by the day and unemployment is rising so much that some are predicting a total collapse of the global economy. 
# 
Your Comments
Please make The Square an enjoyable experience for everyone by refraining from gratuitous ad-hominem contributions, defamatory comments and off-topic posting. Such posts will be removed.