| 20 Questions for Head of State |
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| Written by Seyi Olu Awofeso | |||||||||||||||||||||||||||||||||||||
| Thursday, 27 March 2008 | |||||||||||||||||||||||||||||||||||||
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1. WHY did President Olusegun Obasanjo appoint a non-accounting Chief Executive for the National Integrated Power Project (NIPP) without appointing anyone as NIPP's chief accountant, if the integrity of NIPP accounts was ever intended to be assured? 2. Did the Senate and the House of Representatives pass monetary bills for electricity supply for NIPP between the years 2000 and 2007, with intent that sums so appropriated be withdrawn from an "excess crude oil account", and if yes; under what section of the 1999 Constitution did the National Assembly appropriate funds partly belonging to states and local governments, as mixed funds in that "excess crude oil account", for electricity provision by the federal government alone? 3. Since neither the NIPP nor its holding company was created by any Act of the National Assembly, under what law did the National Assembly therefore appropriate funds from the Federation Account to the use and benefit of NIPP, and its holding company, both of which are non- existent entities? 4. Between them, did attorneys-general Olujimi and Bayo Ojo advise President Obasanjo in council, and in writing, that all sums standing in the Federation Account can only be legally distributed and handed over directly to states and local governments, according to a formula submitted to the National Assembly by the Revenue Mobilisation Allocation and Fiscal Commission, and not by any other arrangement; by which the federal government receives all the appropriations, directly, and spends it solely, presumptively on behalf of 36 states and 768 local government areas in Nigeria? 5. The Budget Monitoring and Price Intelligence Unit in the presidency, otherwise known as "the Due Process Office" has admitted that it issued certificates of (electricity) contracts awards to no fewer than 29 companies, some of which are non-existent and un-registered with the Corporate Affairs Commission. What is now the criminal responsibility of the Due Process official(s) who gifted $3.5 billion of federal electricity "contracts" to fake and non-existent companies? 6. In federal contracts law(s), who and who have the due diligence duty to assure both the legal existence of private companies and their track records? If no one has that responsibility in Nigeria, can Nigeria be said to have had a government? If on the other hand, someone has that duty, who does, and what is the extent of that person's criminal responsibility for concealment and misfeasance? 7. Does the federal executive council in Nigeria; comprising all federal ministers in council, have due diligence oversight on contracts- assessment, before voting their individual approval, and, if yes, how did the 43 or so federal ministers, severally and jointly, commit Nigeria to $13 billion worth of electricity contracts, partly with non-existent companies, between the years 2001 and 2007? 8. Did President Obasanjo know or have reasons to know that he was awarding several billion dollar contracts to fake and non-existent companies, and if not, did he seek to know the companies' track records, or if not, did he seek official vetting of the written contracts by the federal attorney-general in a standard administrative step that could have revealed the registered office and registration number of the contracting companies for cross-check? 9.On what knowledge did the Nigerian President (Olusegun Obasanjo) sign his approval of the sham electricity contracts to the fake private companies, otherwise than based on his own personal knowledge of the companies' fake directors, in effect, meaning that the electricity contracts were simply gifted to those known individuals, contrary to law? 10. What are the standard evidentiary papers required by the Federal Ministry of Finance to process payments of contract sums to private companies and did Mrs. Okonjo-Iweala, as Finance Minister, demand to vet those papers before releasing 80 per cent of contract sums to the 343 or so companies awarded the NIPP electricity contracts; including the 34 of them that are un-registered and non-existent as private companies? 11. When the federal ministry of finance seeks payment-approval from the office of the accountant-general of the federation, what set of documents forms a complete information for the accountant-general to grant his assent, and, were those complete documents before the accountant-general when he approved payments of the 13 billion dollars NIPP electricity contracts? 12. Why were payments to contractors under the NIPP electricity awards made from multiple sources, with only a portion of those payments made by the Central Bank of Nigeria? 13. What were the terms of the performance bonds tendered by the 343 private companies who won the NIPP contracts, given that they have now received 80 per cent advance payments, as approved by President Olusegun Obasanjo, without commencing any civil works? 14. Which private companies received the hurried NIPP payments in April 2007; a month before President Olusegun Obasanjo's term in office expired, and what informed those bulk payments of April 2007? 15. What were the terms of the letters of credit opened by the Federal Government for NIPP projects, and, under what clauses of the Letters of Credit, were 80 per cent payments due for release, and against which performance documents? 16. Did Senator Iyabo Obasanjo-Bello tender for and won any NIPP project through a hurriedly formed company with her Austrian associates, and if yes; did President Olusegun Obasanjo know or have reasons to know this conflict-of-interest fact, before approving her mobilisation payments, despite that her contract was later cancelled for non- performance? 17. When was ex-head of state General Abdulsalami Abubakar's private electricity company (Energo) incorporated, and where is its registered headquarters to which official correspondences on its billion naira NIPP projects were sent and received? 18. Did Nuhu Ribadu, as EFCC Chairman know or have reasons to know that a sum of $13 billion left the national treasury into private pockets between 2003 and 2007, and if yes, did he have reasons to know and investigate the use and benefits of these funds? 19. Did Justice Ayoola, as the ICPC Chairman, know that $13 billion left the national treasury for NIPP projects between 2000 and 2007, and if yes, did he seek any collaboration on it with both the EFCC and the State Security Service (SSS), or if not, what was the legal reason for their collective silence? 20. Your Excellency, since "due process" is integral to "the rule of law", and both mean, inter alia, the consistent accuracy of national accounts, if Nigeria does not have a true or honest financial statement of account, all through its nine-year-old civil rule, is a collusive crime of conspiracy (and theft) now clearly implicated or not? Awofeso, a legal practitioner, lives in Lagos.
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Posted by Robot| 27.03.2008 21:09