The Nation Newspaper

Tag: contract

  • Commissioner denies alleged N4b fraud in govt house contract

    Akwa Ibom State Commissioner for Housing and Town Planning Ime Okon Ekpo has denied allegation that he embezzled over N4billion in the N37billion contract awarded for the design and building of Government House, Uyo.

    The contract was awarded by the ex-Governor Godswill Akpabio administration.

    Ekpo retired from the civil service as director in 2004 and was appointed by Akpabio to oversee the Government House contract as project manager in 2008.

    But the Chairman of Otto Trinity Studios, one of the consultants to the project, Ubokutom Nyah, has instituted a petition on behalf of four other consultants, alleging that the commissioner defrauded them to the tune of over N4billion in the construction of phases l, ll and lll of the project.

    The petition, dated August 24,  with copies made available to reporters, is titled: “Petition against Architect Ime O. Ekpo for corrupt enrichment, abuse of office and fraudulent conversion of more than N4 billion consultancy fees during execution of Government House Complex, Phase l, ll and lll in Uyo, Akwa Ibom State”.

    Nyah, in the petition addressed to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) chairman in Abuja averred that in 2013, the Akpabio administration awarded a contract for the building  of a new Government House at about N37billion.

    The contract, he said, was to be executed in three phases, namely phase l, ll and lll with five consultants- Otto Trinity Studios (Architects), Amana Consortium (Structural/Project Manager), Eno Iwoketo and Associate (Mechanical), Dranibs Engineering Nigeria Ltd (Electrical) and Integrated Practice Consultants (Quality Surveyors) appointed for professional service.

    The petitioner, who was appointed lead architectural consultant by the government over the Government House project, alleged that “the professional fees of those consultants were discussed, agreed and N5.2 billion made available for payment to the consultants.”

    The consultancy fee, according to him, was moved by the government into the account of Julius Berger Nigeria PLC under the contract agreement for disbursement to the beneficiaries.

    Nyah alleged that the commissioner failed to administer the funds to commensurate with the contract agreement, adding that he shortchanged the consultants and diverted over N4billion to his private account.

    ”The substantial disparity between what Ekpo is offering us as balance of professional fees payable and over authentic claims is deserving of a dispassionate investigation because we know that authentic fees were captured in the contract and provided for by the government.”

  • The NPA/Intels contract palaver

    SIR: It is no news any more that the government of President Muhammadu Buhari has authorized the Nigerian Ports Authority (NPA) to forthwith commence the termination process of the Pilotage Monitoring and Supervision Agreement between NPA and Integrated Logistics Services Nigeria Limited (INTELS) on the ground that the said agreement was void ab initio.

    The Attorney General of the Federation (AGF) vide a letter dated September 27, directed the Managing Director of NPA to commence the process. There are several phases or angles to the issue at hand, but since the fulcrum of it lies with the constitutionality or otherwise, we shall look at it from that basis first.

    Going by what is contained in the letter to the Managing Director of NPA, the AGF is only asking NPA to unilaterally determine its relationship with INTELS. It suffices to say that the parties’ mutual agreement is to be terminated.

    Without really applying any sophisticated rule of interpretation it is only commonsensical that the said Sections 80 and 162 of the Constitution that the AGF is relying on simply require that all revenues generated by or on behalf of the federal government be deposited into the Federation Account, an account which is by no means a special one.

    What is more; by S.162 (10) of the 1999 Constitution (as amended), it is clear that revenue means “any income or returns accruing to or derived by the government of the federation from any source”.

    And it is not unclear that government makes or earns its revenues from either direct investment or through statutory functions of its agencies, one of which is NPA. NPA being a principal agency of the government generates revenues when a statutory function is efficiently and sufficiently carried out. That is to say when the NPA does not work efficiently it does not earn revenue efficiently for the government too. This is a follow up to S.7 (a) in the NPA Act, which provides that the functions of the NPA shall be to:

    “Provide and operate in the ports such facilities as appear to its best calculated to serve the interest of Nigeria”.

    Another look at S.7 (d) of the NPA Act shows that the NPA is to provide for the approaches to all ports and the territorial waters of Nigeria, such pilotage services and aids including clearing, deepening and improving of all waterways. It therefore means that the NPA has the sole power to provide pilotage services. Choosing to contract such pilotage service(s) here to INTELS is not outside its functions.

    A combined effect of Sections 8 (1)(L) and 9 of the same NPA Act empowers the authority to enter into agreement with any person for the provision or operation of the ports facilities and other functions and power other than the power to make regulations, which is exclusively reserved for the authority.

    Going by the above, it is an emphatic Yes to say that the NPA has been acting under its statutory powers in its agreement with INTELS.

    Reports have it that INTELS as an independent contractor has had a 28% monetary commission for its services rendered. What this means is that the NPA on behalf of the government earns 72% as its revenue after settling independent service provider(s). With utmost respect that 72% money is the final revenue earned by the authority for the government which is to go into the Treasury Single Account (TSA) that the AGF is seemingly canvassing for. At this juncture what makes up revenue for the federal government in this quest as provided for in Sections 80(1) and 162 (1) and (10) respectively is the 72% accruing to NPA and not the 28% accruing to the independent service provider like INTELS.

    But supposing it is true that the contract agreement is unconstitutional, is it within the place of the AGF to instigate a party to unilaterally terminate the said contract other than an originating motion for interpretation? The answer is capital NO.

    What about the principle of pacta sunt servanda governing contracts? It is sad how the AGF was curious without looking at the facts. The issue at hand involves rights and obligations. It is further sad how he was blind to the fact that the said agreement has an arbitration clause that must first be explored.

    Latest reports now have it that INTELS has rendered “apologies” to the government. This is a beautiful public relations approach in sustaining the almost threatened sector. But notwithstanding the apologies from INTELS and without holding brief for the company, this piece is only intended to x-ray the ingredients that make up the contractual relationship between the parties and more importantly, to serve as guide to the AGF against other curious actions that will only end up misleading the citizenry.

     

    • Azibola Omekwe

    Abuja.

  • What REALLY does Happy Weekend Sir mean?

    What REALLY does Happy Weekend Sir mean?

    Quite frankly, what really is the meaning of HAPPY WEEKEND Sir or Ma in Nigeria?

    I’m sure some of us enjoyed our weekend with families and friends; we most likely would have met a person or two wishing us a happy weekend.

    Does it mean different things to different people, from different places, in different professions or for different reasons?

    Does this popular phrase which heralds the beginning of the weekend have hidden and coded connotations behind it?

    It became more popular when Show Dem Camp ( SDC ) released the song – “Happy Weekend” in 2014.

    When your Pastor or Imam tells you…HAPPY WEEKEND SIR, it most likely means God bless you and your family…enjoy your weekend!

    However, if a policeman, a security man, a secretary or Personal Assistant to the Director you are seeking a contract from or some other persons and personalities tell you – HAPPY WEEKEND Sir, does it really mean something else?

    So we ask the question: WHAT IS THE MEANING OF HAPPY WEEKEND Sir or Ma?

    Feel free to give us your opinion.

    Happy weekdays to you all!

  • NNPC $25b contract: Setting the records straight – Osinbajo

    NNPC $25b contract: Setting the records straight – Osinbajo

    Vice President Yemi Osinbajo yesterday maintained that the Nigerian National Petroleum Corporation (NNPC) did not award $25b contracts.

    In a letter to President Muhammadu Buhari, Minister of State for Petroleum Resources Ibe Kachikwu made the allegations, stressing that the contracts did not follow due process.

    A statement by his Senior Special Assistant, Laolu Akande,  titled: ”It is Important to set the records straight”, said: “Claims on social and traditional media that $25b worth of oil contracts were awarded by the NNPC or that $25b in NNPC funds is missing are both false.

    “No contracts were procured by the NNPC based on the leaked memo of the Petroleum Resources Minister of State, even though such impressions have been maliciously created in the past few weeks.”

    He said that a closer look at each of the said projects indicated clearly that “these are not procurement contracts”.

    He added “When I tweeted on Thursday morning last week, I had indicated that the Vice President, while acting as President approved Joint Venture Financing arrangements. But for some curious reasons, a few media reports used that tweet to report that I said the then Acting President approved N640 billion worth of oil contracts. Such reporting is both false and misleading and therefore ought to be completely ignored by all seekers of truth.”

    “What is more important is that when you look diligently at the referenced projects/transactions one by one, you will see, as NNPC has shown, that none of them was actually a procurement contract.”

    “Take both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements, for instance; these are not procurement contracts involving the expenditure of public funds. Both transactions are simply a shortlisting process, in which prospective off-takers of crude oil and suppliers of petroleum are selected under agreed terms, and in accordance with due process.

    “It is, therefore, wrong and misleading to refer to them as though they’re contracts involving the expenditure of NNPC funds, or public funds of any sort. As you now know, the Honorable Minister of Petroleum Resources himself has in fact clarified that he meant to focus on administrative and governance issues, not red-flag any fraud – because no fraud exists in this matter.”

    For both transactions, Akande said it was not true and also inaccurate to attach $10b and $5b values on them.

    “Attaching monetary values to these contracts is an arbitrary act that completely distorts understanding of the situation.” he said

    According to him, Nigerians ought to be informed clearly that “whenever there is a monetary value on any consignment of crude oil lifted in this country by any firm, the proceeds go directly to the Federation Account and not to any company. In fact, the Buhari administration in the implementation of the TSA has closed down multiple NNPC accounts in order to promote transparency and probity.”

    Akande also explained that even in compiling the shortlisting for the prospective off-takers of crude oil and suppliers of petroleum under agreed terms, “there were public placements of advert in the mass media seeking Expressions of Interest (EoI). Bids were publicly opened in the presence of NEITI, DPR, BPP, Civil Society groups and the press. In some cases even, these events were televised live.”

    “For the sake of emphasis, let me state clearly that both the Crude Term Contract and the Direct Sale and Direct Purchase agreements are not contracts for any procurement of goods, works or services, and therefore do not involve the use of public funds. Instead, they are simply a shortlisting of off-takers. And unlike what has been reported in the media so far, it is important to set the records straight that the list of approved off-takers does not carry any financial values but simply states the terms and conditions for the lifting and supply of petroleum products.”

    He also disclosed that the Ajaokuta-Kaduna-Kano (AKK) Gas Pipeline Contract “is a contractor-financed contract which has not yet been finalized or awarded; it is still making its way to the Federal Executive Council, FEC.”

    He noted that there were also three presidential approvals given on Joint Venture financing arrangements, meaning loans to cater for cash call obligations. One of these was okayed by the President in 2015, and two by the then Acting President in 2017.

    Lastly, on the NPDC, he said there is no contract in the $3BN to $4BN range as reported in the media.

    “You can then see from the foregoing that the $25BN being bandied in the media does not exist. There is no $25BN missing,” Akande concluded.

     

  • No $25 billion contract was awarded by NNPC, says Akande

    No $25 billion contract was awarded by NNPC, says Akande

    The Senior Special Assistant to the Vice President, Laolu Akande, on Sunday maintained that the claims that $25 Billion contracts were awarded by the Nigerian National Petroleum Corporation (NNPC)  were false.
    A leaked letter to President Muhammadu Buhari from the Minister of State for Petroleum Resources, Ibe Kachikwu, had made the allegations stressing  that the contracts did not follow due process.
    But in a statement titled ‘It is Important to set the Records Straight’,  Akande said “Claims on social and traditional media that $25BN worth of oil contracts were awarded by the NNPC or that $25BN in NNPC funds is missing are both false.”
    “No contracts were procured by the NNPC based on the leaked memo of the Petroleum Resources Minister of State, even though such impressions have been maliciously created in the past few weeks.”
    He said that a closer look at each of the said projects indicated clearly that “these are not procurement contracts.”
    He added “When I tweeted on Thursday morning last week, I had indicated that the Vice President, while acting as President approved Joint Venture Financing arrangements. But for some curious reasons, a few media reports used that tweet to report that I said the then Acting President approved N640 Billion worth of oil contracts. Such reporting is both false and misleading and therefore ought to be completely ignored by all seekers of truth.”
    “What is more important is that when you look diligently at the referenced projects/transactions one by one, you will see, as NNPC has shown, that none of them was actually a procurement contract.”
    “Take both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements for instance, these are not procurement contracts involving the expenditure of public funds. Both transactions are simply a shortlisting process, in which prospective off-takers of crude oil and suppliers of petroleum are selected under agreed terms, and in accordance with due process.
    “It is therefore wrong and misleading to refer to them as though they’re contracts involving the expenditure of NNPC funds, or public funds of any sort. As you now know, the Honorable Minister of Petroleum Resources himself has in fact clarified that he meant to focus on administrative and governance issues, not red-flag any fraud – because no fraud exists in this matter.”
    For both transactions, Akande said it is not true and also inaccurate to attach $10B and $5B values on them.
    “Attaching monetary values to these contracts is an arbitrary act that completely distorts understanding of the situation.” he said
    According to him, Nigerians ought to be informed clearly that “whenever there is a monetary value on any consignment of crude oil lifted in this country by any firm, the proceeds go directly to the Federation Account and not to any company. In fact, the Buhari administration in the implementation of the TSA has closed down multiple NNPC accounts in order to promote transparency and probity.”
    Akande also explained that even in compiling the shortlisting for the prospective off-takers of crude oil and suppliers of petroleum under agreed terms, “there were public placements of advert in the mass media seeking Expressions of Interest (EoI). Bids were publicly opened in the presence of NEITI, DPR, BPP, Civil Society groups and the press. In some cases even, these events were televised live.”
    “For the sake of emphasis let me state clearly that both the Crude Term Contract and the Direct Sale and Direct Purchase agreements are not contracts for any procurement of goods, works or services, and therefore do not involve the use of public funds. Instead, they are simply a shortlisting of off-takers. And unlike what has been reported in the media so far, it is important to set the records straight that the list of approved off-takers does not carry any financial values but simply states the terms and conditions for the lifting and supply of petroleum products.”
    He also disclosed that the Ajaokuta-Kaduna-Kano (AKK) Gas Pipeline Contract “is a contractor-financed contract which has not yet been finalized or awarded; it is still making its way to the Federal Executive Council, FEC.”
    He noted that there were also three presidential approvals given on Joint Venture financing arrangements, meaning loans to cater for cash call obligations. One of these was okayed by the President in 2015, and two by the then Acting President in 2017.
    Lastly, on the NPDC, he said there is no contract in the $3BN to $4BN range as reported in the media.
    “You can then see from the foregoing that the $25BN being bandied in the media does not exist. There is no $25BN missing,” Akande stated.

  • Senate seeks revocation of N3.2b Benue road contract

    The Senate Committee on Works has asked the Federal Government to revoke the N3.2 billion contract for the reconstruction of Wannue-Yadev road in Benue, citing alleged incompetence by the handler.

    News Agency of Nigeria (NAN) reports that the 19-kilometre road contract, awarded in 2013, had a completion period of 24 months.

    Its chairman, Sen. Kabiru Gaya, told reporters in Gboko that his committee was “greatly disappointed” that not much had been achieved in the execution of the project four years after it was awarded.

    “We have gone round portions of the road; we have asked questions and made observations. Our conclusion is that the contractor lacks the capacity to handle the job.

    “We have resolved to ask the Federal Government to terminate the job and engage a competent firm. Huge monies have been paid to the contractor with nothing to show for it. We cannot continue like that,” he said.

    Gaya regretted that the contractor had failed to live up to expectations, “despite letters asking him to sit up”.

    “At some spots on the road, asphalt was being laid without leveling the affected areas; the contractor also scrapped large portions of the road last year and disappeared, making them impassable. We feel that this is being insensitive.

    “The point we are trying to make is simple. Since the Federal Ministry of Works has written three times threatening to revoke the contract, the job should be terminated. We shall investigate it and hand over the report to EFCC.

    “It is not right to allow contractors collect tax payers’ money and waste it,” he said.

    Sen. George Akume (APC, Benue North-West), who also spoke to reporters, decried the state of federal roads in Benue.

    He claimed that cement dealers, who plied the Gboko/Makurdi road with heavy loads, were responsible for most of the massive damage and should be made to assist in reconstruction.

  • Edo Assembly urges Fed Govt to revoke road contract

    •Lawmakers decry slow pace of Benin-Auchi highway

    The  Edo State House of Assembly yesterday called on the Federal Government to revoke  the contract awarded for  the reconstruction of  the Benin-Ekpoma-Auchi road.

    Speaker Adjoto Kabiru  made the call at Ekpoma, Esan West Local Government Area while leading members on a ‘protest inspection’ of the road.

    Kabiru decried the slow pace of work by the contracting firms.

    He said the deplorable state of the road had hampered socio-economic development of the people as well as others plying the road.

    “It is our view as an Assembly that the contract awarded to Dantata and Sawoe, Mother Cat and Reynolds Construction Company (RCC) should be revoked. Raji Fashola is a man that we respect. He is doing wonderfully well as a minister but  on this Benin-Ekpoma-Auchi-Okpella road , there is need to revisit the performance of the contractors. They are not competent.

    “We are dissatisfied with the Federal Controller of Works and we have resolved that the contractors can no longer deceive us.

    “The present condition of the road was unacceptable to residents in the state who now travel through Ondo or Delta states to get to their destination.

    “The protest on the road was to show solidarity and share in the pains experienced by travellers and motorists.

    “Our oversight functions have doubled. We are now together as a team. It is unacceptable for Edo residents to travel through Ondo State when coming from Edo North.

    “We are not satisfied with the pace of work and quality of jobs done. We are moving through that road. We know Edo people are suffering,” the Speaker said.

    He said the road was awarded to four contractors, to be completed in 36 months.

    Kabiru alleged that the level of work done by the firms is below the huge funds released to them  by the Federal Government.

    He said  the people and the Assembly were not satisfied with their performance.

    Responding, Principal Resident Engineer in charge of Ekpoma road, Mr Ishaku Mamri, said he was not in a position to tell lawmakers reasons for  the alleged delay.

    He said Dantata and Sawoe construction firm was mobilised to the Ekpoma axis for palliative works to address traffic challenges on the road.

    Also speaking, Project Site Supervisor for the firm, Malam Suleiman Nasiru, said the initial contract awarded to the firm was from Agbede in Etsako West to Ewu hill in Esan Central.

    Nasiru added that the Ekpoma axis was recently awarded to the company to address the traffic challenges in the area.

  • Alleged $40m contract scam: Court to resume Jonathan’s cousin’s trial July 7

    A Federal High Court in Abuja has scheduled July 7 for the resumption of proceedings in the trial of a cousin to former President Goodluck Jonathan, Robert Azibaola.

    Azibaola, his wife, Stella and a firm linked with them – One Plus Holdings – are accused, among others, of diverting $40 million transferred from the account of the Office of the National Security Adviser (ONSA), with the Central Bank of Nigeria (CBN), to the domiciliary account of One Plus Holdings, purportedly for the supply of “tactical communication kits for special forces”.

    Proceedings were cut short on Friday, when, mid-way into trial, lead prosecuting lawyer, Sylvanus Tahir, sought the court’s permission to attend to another case in another court.

    At the start of proceedings, Tahir invited the prosecution’s 10th witness, David Nkpe, an investigator with the Economic and Financial Crimes Commission (EFCC), who gave details of his investigation of the case.

    Nkpe said analysis of documents relating to One Plus Holdings Nigeria Ltd showed that the firm received $40 million from ONSA, following which investigation was extended to ONSA to ascertain why the payment was made.

    The witness said: “EFCC wrote to ONSA to avail them with documents regarding the payment mandate and the reply came. The payment for that particular mandate was for the ‘supply of tactical communication kits for special forces’.

    “We investigated the utilisation of the funds and discovered that the funds were transferred to other companies, including bureau de change and some of the funds transferred offshore to countries like London and United Arab Emirates.”

    On who the beneficiaries of the transferred funds were, the witness said: “There were several of them, but I remember that $6.6 mmillion was transferred to a company called Karahyna between October 2014 and April 2015, which was specifically done in eight tranches.

    “I also recall that the sum of $1.5 million was transferred to Reya Telecommunication’ which is a company under One Plus Holdings group.

    “Another sum of $1.493 million was transferred to Kakatar El Ltd, which is also a company under One Plus Holdings. A sum of $2 million was transferred to Capitafield Investment Ltd and another $330,000 transferred to a company called Teledom.

    “Most of the companies that received the money did not supply any goods,” Nkpe said.

    He said credit balance in the 3rd defendant’s account (One Plus Holdings’) before the $40 million was paid into it was $17,277.50.

    Nkpe said further analysis of the account on September 9, 2014, showed that the $40 million was the only major inflow into the account and from the time of receipt, and that all the transactions in the account were outflows, which is the distribution of the $40 million.

    Tahir later tendered documents, including petition from the ONSA to EFCC as exhibit ASO 16 (1&2); search warrant dated March 23, 2016; two power of attorney as exhibit ASO 18a &18b; deed of assignment as exhibit ASO 19a, 19b, 19c; transfer mandate from One Plus Holdings to Zenith Bank as ASO 20 (1-39); the two statement of the first defendant dated March 23 & 24, 2016 marked as exhibit ASO 21a & ASO 21b.

    The defence team, led by Chris Uche (SAN), objected to the admission of the documents, arguing among others, that they (the documents) were not listed in the proof of evidence and served on the defendants as required.

    Trial judge, Justice Nnamdi Dimgba later stood the case down for one hour to enable the prosecution furnish the defendants with copies of the documents it sought to tender.

    When proceedings later resumed, Tahir sought the court’s permission to attend to another case in another court.

    Tahir said: “My Lord, I am in a difficult situation again just as I was on Wednesday and I need your authorisation to leave this matter and attend to another one in another court.”

    Although Justice Dimgba later granted Tahir’s request, he (the judge) wondered why the prosecution did not come prepared to go on with the case after two adjournments in a week.

    He subsequently adjourned to July 7.

  • Oyo terminates contract with waste contractors

    Oyo State government has said its contracts with private waste contractors were terminated with effect from May 5.

    It said the Oyo State Waste Management Authority (OYOWMA) is responsible for collecting waste in line with its commitment to ensure a cleaner and healthier environment.

    The government said it commissioned WestAfricaENRG, a leading environmental solution company, to manage OYOWMA and take care of its operational and legal duties.

    Information, Culture and Tourism Commissioner Toye Arulogun said the management of OYOWMA was changed under the Public Private Partnership Laws, adding that the Ministry of Environment and Water Resources would play a role in the regulation and oversight functions of solid waste disposal issues as well as other duties.

    He said WestAfricaENRG would re-organisetion of waste collection, processing and disposal, starting with the upgrading and capacity building of waste collection contractors.

    “This to increase job opportunities and cleanliness of the state. We still have an issue with public enlightenment and compliance and we are working to achieve this.

    “Effective May 5, private waste contractors in Oyo have had their contracts terminated. Soon, an Expression of Interest will be published nationally for those with relevant experience and capacity to apply for contracts in the state. Until this is finalised, OYOWMA has full responsibility for the collection of waste.

    ”We are confident to say Ibadan is no longer the dirtiest city in Nigeria, a title no city should aspire to hold. The strides we have made in Ibadan have been replicated across other cities and towns in Oyo State and we know that there is much more to be done,” the commissioner added.

    He urged people, groups, civil societies and communities to partner the government to ensure a cleaner and healthier environment, noting that the efforts of all and sundry would make the state  a beautiful and aesthetically-pleasing environment.

    According to him, “we want to continue to keep Oyo State clean as part of our investment friendly strategy and improvement of the quality of the lives of our people, create jobs for our youths, eradicate diseases and vermin caused by indiscriminate disposal of waste.”

    Arulogun advised residents and business owners to dispose refuse in waste bins and stop throwing waste products on  the roads, adding that they should ensure their waste bins are made available for collection by OYOWMA.

    He said they should pay the government for the services.

     

  • Appeal Court reverses ex-NIMASA D-G’s conviction for contract splitting

    Appeal Court reverses ex-NIMASA D-G’s conviction for contract splitting

    The Court of Appeal, Lagos Division, yesterday reversed the five-year conviction given to ex-Nigeria Maritime Administration and Safety Agency (NIMASA) Director-General Temisan Raymond Omatseye for alleged contract splitting.

    The appellate court discharged and acquitted Omatseye of the 24 counts upon which he was convicted.

    It set aside the May 20, 2016, judgment of the Federal High Court, Lagos.

    Justice Rita Ofili-Ajumogobia had found Omatseye culpable in a N1.5 billion contract scam following his prosecution by the Economic and Financial Crimes Commission (EFCC).

    She ruled that he awarded contracts above the stipulated N2.5million threshold and, accordingly, convicted him in 24 of 27 counts. The judge discharged and acquitted Omatseye of three others.

    But the appellate court held yesterday, among others, that the court did not properly evaluate the evidence.

    The court, presided over by Justice Yargata Nimpar, resolved all five grounds of appeal in the appellant’s favour.

    Other members of the three-man panel were Justice Adejumo Obaseki and Justice Abraham Georgewill.

    In reaching its decision, the court considered four issues, including whether under Section 16(1)(A) of the Public Procurement Act 2007, approval for spending over the threshold constituted an offence.

    Justice Yargata Nimpar, who read the judgment, considered whether the court properly evaluated the evidence.

    She said: “I found that it did not.”

    “The long and short of it is that, the appeal succeeds. The prosecution should not ride roughshod over the Constitution.

    “The judiciary will do the war on corruption more harm by declaring someone a criminal, where no offence has been committed.

    “I find merit in the appeal. The conviction is hereby set aside and the appellant is hereby discharged and acquitted.”

    The appellant’s kinsmen, who were in court, burst out in jubilation after the judgment.

    The former NIMASA boss, in the appeal by his lawyer, Edoka Onyeke, argued, among others, that he was persecuted and not prosecuted.

    He said although contract splitting existed in law, approval above threshold did not.

    Omatseye accused Justice Ofili-Ajumogobia of jettisoning an exonerating January 23, 2013, letter from the Bureau of Public Procurement (BPP), which it admitted as evidence in court.

    According to him, the letter stated that the 27-count brought under sections of the Procurement Act deals with administrative breaches rather than real offences.

    Justice Rita Ofili-Ajumogobia’s judgment had been touted as the first major high profile conviction since President Muhammadu Buhari began his anti-corruption crusade.