20 Questions for Head of State Print E-mail
Written by Seyi Olu Awofeso   
Thursday, 27 March 2008

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bills  for electricity supply for NIPP between the years 2000 and 2007, with  intent that sums so appropriated be withdrawn from an "excess crude  oil account", and if yes; under what section of the 1999 Constitution  did the National Assembly appropriate funds partly belonging to 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.




RobotRobot is offline 
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 # 1

1. WHY did President Olusegun Obasanjo appoint a non-accounting Chief Executive for the Nat...Read the full article.

Posted by Robot| 27.03.2008 21:09

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employlawoneemploylawone is offline 
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Thank you, for the forensic skills you have applied in asking the most cogent of questions.

May I suggest that your approach is devoid of hysteria and demonstrates that the General and his adminstration have questions which he must respond to. Silence certainly would not do.

With uttermost respect,

Olu

Posted by employlawone| 28.03.2008 04:57

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ALORAINIDDEVILALORAINIDDEVIL is offline 
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=Robot;4294999721>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?



Leave the foolish NAMA RIBADU… where he specializes in is sending his boys to cyber cafes in Lagos to arrest young men the Nigerian State failed to provide jobs for. He will surely die a shameful death.

Posted by ALORAINIDDEVIL| 28.03.2008 08:10

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