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Tag: ICPC

  • ICPC seizes 100 houses in Abuja

    The Independent Corrupt Practices and Allied Offences Commission (ICPC) said on Wednesday that it had seized more than 100 houses in Abuja suspected to have been acquired with proceeds of corruption.

    A Commissioner in ICPC, Alhaji Isa Salami, who made this known in an interview with the News Agency of Nigeria (NAN) in Calabar, said the houses were seized by the commission within the last four months.

    He said the commission was also prosecuting Mr. Sunday Ehindero, a former Inspector-General of Police, for allegedly diverting N16 million belonging to the force to his personal use.

    Salami, who was in Calabar to represent Mr. Ekpo Nta, Chairman of ICPC, at a two-day retreat on the Provisions of the Fiscal Responsibility Act, 2007, said the ICPC had published a Law Report which reflected the cases it had prosecuted since 1999.

    He said the commission had also embarked on public education and enlightenment on its activities, adding “we have to encourage the public to buy into the war against corruption so that they own it.

    “So, we must always capture public sympathy and support for our actions. In this drive we visit schools, where young people are to catch them young and advise them against glorifying corruption.

    “ We also visit universities, where we have started a system review so that all corruption-prone processes and procedures are reduced to the barest minimum,” Salami told NAN.

    He assured that similar exercises would be carried out at the seaports and aviation sector, which according to him, are gateways for foreigners to access Nigeria.

    “These areas of our economy affect the foreigners’ first impression about us and indirectly affects foreign direct investment in the country which is critical for the growth of our economy,’’ he said.

    He said the ICPC would concentrate on aspects of the law to examine persons suspected to be living above their means through the assets they had acquired.

  • ICPC warns students against illegal varsities

    The Independent Corrupt Practices and Other Related Offences Commission (ICPC), has warned students seeking admission into universities not to apply for courses that were not registered by the National Universities Commission (NUC)

    In a statement, the spokesman of the commission, Mr Folu Olamiti identified some of the courses as those relating to in-service or skill improvement ones, which admission don’t pass through the Joint Admissions and Matriculation Board (JAMB).

    Making this warning at the weekend in Abuja was the Chairman of ICPC Mr Ekpo Nta, who said the commission was not happy with some of the universities running courses that were not accredited by NUC. He lamented that such universities give false hope to these young graduates.

    “If you give a young man admission to run a programme that is not approved by NUC knowing that he is not going to be accepted for NYSC service scheme, why then are you admitting him without telling him the consequences?

    “When he finishes, he now decides to begin to play games to get into fake NYSC camps and go for fake posting. When you start with a lie, you continue with a lie,” he said.

    Nta who spoke at a public lecture organised by the Abuja chapter of the University of Ibadan Alumni Association (UIAA), also warned students seeking admission for higher degrees to be sure that the universities they were going into were running courses approved by NUC.

    “Make sure it is an NUC- accredited course and that you are qualified to run masters programme or participate in the NYSC afterwards. Make sure you don’t go and start acquiring fake certificates,” he said.

    He said the Nigerian Security and Civil Defence Corps (NCSDC) or ICPC had arrested some officials and persons running fake Nigerian Youth Service Corps (NYSC) orientation camps and those recruiting fake NYSC members for the one-year compulsory service.

    He declared: “We have arrested some of the officials involved in this and now, we are going back to even expose universities that are running unapproved programmes for these youths,” he said.

     

  • ICPC arrests civil servant for allegedly demanding bribe

    The Independent Corrupt Offences Practices Commission (ICPC) has arrested one Mr. Abbah Adikwu, a GL. 07 officer with the Federal Civil Service Commission, Abuja for allegedly demanding a bribe before performing his official duties.

    A petitioner, (name withheld) who is also a civil servant had filed a petition at the ICPC against the suspect for allegedly demanding for a bribe before his file could be treated.

    He further informed ICPC that he had been visiting the suspect’s office since December 2012 to regularise his service but the suspect frustrated all his efforts through unethical conduct and brazen demands for a bribe.

    The suspect was put under surveillance by ICPC and arrested through a sting operation after collecting marked money from the petitioner within the premises of the Civil Service Commission.

    Mr. Adikwu violently resisted arrest and was about to bolt away but was physically restrained by ICPC operatives.

    However, there was mild drama at the point of taking him out of the Commission’s premises when some of his colleagues and other persons blocked the gate, assaulted ICPC operatives and held them hostage in the office of the Chief Security Officer.

    It took the intervention of a back-up security team from ICPC to secure their freedom and whisk the suspect away.

    Some of the officials who assaulted and obstructed ICPC operatives were arrested the following day.

    Section 41(f) of the Corrupt Practices and Other Related Offences Act 2000 prescribes one year imprisonment without option of fine for anybody who assaults or obstructs officers of the Commission in the execution of their duties.

     

     

     

     

  • ICPC introduces Law Report to aid trial

    ICPC introduces Law Report to aid trial

    UNTIL recently, sourcing local authorities for corruption-related cases was difficult. Lawyers and judges were compelled to rely on decisions of foreign jurisdictions in prosecuting corruption case.

    The situation was so discouraging that a former Chairman of the Independent Corrupt Practices and other related offences Commission (ICPC) reportedly attributed the paucity of local authorities to the fact that corruption cases were hardly concluded in the nation’s courts.

    Equally, the pioneer Chairman of the ICPC, Justice Mustapha Akanbi (retired) was quoted as observing that between 1985 and 2000, no cases of corruption were reported as prosecuted in any Nigerian superior court of record.

    But today, the situation is gradually changing with efforts of the various anti-corruption agencies in the country.

    Much as more locally decided cases now abound, they are still not well harmonised, publicised and made easily available to those who require them.

    It is in this light that the decision by the ICPC to publish a compilation of some corruption cases, which it had successfully prosecuted at the High Court, Court of Appeal and the Sureme Court, is commendable.

    The 1029-page compilation, named “ICPC Law Report, Volume One,” and is to be cited as “(2013) Vol.1 ICPCLR,” is a report of judgments in 21 cases, and in which salient legal issues in relation to the various provisions of the ICPC Act,2000 have been resolved.

    The publication is a result of the combined efforts of personnel of ICPC’s Legal Department and a private organisation.

    Speakers at the public presentation of the report in Abuja, including Justice Akanbi, the Inspector-General of Police, Mohammed Abubakar; former Attorney- General of the Federation (AGF) and Minister of Justice, Kanu Agabi (SAN) and another Senior Advocate of Nigeria, Abiodun Layonu, praised ICPC’s decision to produce the Law Report.

    Akanbi noted that, at the inception of the agency, one of its constraints in prosecution of corruption cases was the dearth of decided cases.

    He said the only known local authority then was the case of “Odofin and the State”.

    Agabi said the Report would aid the court and lawyers in handling corruption cases, will serve as a ready pool of judicial authorities in that regard.

    Layonu said the publication, “will, no doubt, go a long way in aiding the prosecution of subsequent corruption cases in Nigeria.”

    ICPC Chairman, Ekpo Nta, while explaining the reason behind the publication, said it will assist the public and lawyers distinguish and recognise what constitutes elements of corruption.

    Some of the cases featured in this maiden volume include the celebrated case of the Attorney-General of Ondo State and the Attorney General of the Federation, cited as (2013) 1 ICPCLR 254; ELECHI v FRN (2013) 1 ICPCLR 1; Fagoriola v FRN (2013) 1 ICPCLR 786; FRN v Anache (2013) ICPCLR 617; Ayoade Ogunsola (2013) 1 ICPCLR 868; FRN v Bitrus Bakkat (2013) 1 ICPCLR 739; FRN v Marius Ameh No 1 (2013) 1ICPCLR 566 and Chidiebere Ude v FRN (2013) 1 ICPCLR 808.

    The AG, Ondo v AGF and the FRN v Anache cases mostly address the constitutionality of the ICPC establishment law – the Corrupt Practices and Other Related Offences Act (CPOROA), 20000.

    Particularly, in the AG Ondo State v AGF case, the Supreme Court resolved issues relating to whether the National Assembly could legislate on issues relating to the establishment and regulation of authorities to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in Chapter Two of the Constitution; the mode of commencement of proceedings in the original jurisdiction of the Supreme Court as provided by Order 3 Rule 2(2) of the Supreme Court Act 1985.

    The apex court also, in the case, resolved issues relating to the objective of the ICPC and how to achieve same, and whether the National Assembly can legislate on “corruption,” not being a subject under the Exclusive or Concurrent Legislative List; the interpretation of Section 15(5) of the Constitution in relation to the definition of the word “state” vis a vis the making of legislation on corruption.

    The case also addressed issues relating to whether or not, provisions of the CPOROA impinge on the cardinal principles of federalism; whether the Federal Government can undermine the legislative powers and authority of the states; whether the National Assembly has the sole power to abolish all corrupt practices and abuse of power under Section 15(5) of the Constitution.

    The apex court, also in the case, addressed the duty of the court in interpreting the Constitution; when the National Assembly may legislate on matters within the legislative or executive competence of the states and the powers of the AGF or person authorised by ICPC can lawfully initiate or authorise the initiation of criminal proceedings under the ICPC Act, in states’ courts.

    In the Elechi v FRN case, the Federal High Court’s decided issues in relation to the power of the ICPC to invite a suspect for interrogation.

    In the case marked FHC/OW/CS/163/2011 Chinedum Elechi, then Deputy Speaker of Imo State House of Assembly sued the ICPC and two others, claiming that his invitation for interrogation over his alleged involvement in a case of fraudulent cheque conversion amounted to a violation of his right to personal liberty.

    The court, as per Justice F. A. Olubanjo effectively addressed issues relating to the meaning of corruption under the commission’s Act, the powers of the ICPC to investigate individuals accused of involvement in fraud related offences. The court held that invitation for questioning by ICPC does not amount to prima facie evidence of threat to violate an invitee’s fundamental right to liberty.

    In the case of Fagoriola v FGN, the Court of Appeal, in a decision upheld earlier this year by the Supreme Court, dwelt on the meaning of no-case submission; when an accused will be discharged on a no-case submission; when a no-case submission can be made and upheld and that what a court needs to consider in a no-case submission, is whether the prosecution has made a prima facie case requiring some explanations.

    In the case of FRN v Ameh, the Federal Capital Territory (FCT) High Court per Justice M. N. Oniyangi, identified ingredients of the offence of corrupt demand by a public officer, under Section 8 (i)(a), (ii)(b)(i) of the Corrupt Practices and Other Related Offences Act 2000.

    The appellate court also dwelt on the ingredients of the offence of corruptly receiving gratification by public officer under Section 10(a)(i) and (a)(ii) of the CPOROA 2000 and the issue of who has the responsibility of paying the expenses incurred by investigators while investigating a charge against an accused person.

    The case of FRN v Bitrus Bakkat effectively addressed issues relating to whether a person must be a public officer before being charged with corrupt offences; the jurisdiction of the High Court in corruption cases; ingredients of offence of official corruption and that any person, not only public officers can be charged with corruption offences. The Chidiebere Ude v FRN case relates among others, to whether offences under Section 22(5) of the CPOROA are strict liability offences; the ingredients of proof of offences under Section 22(5) of the CPOROA and whether the defence of claim of right and honest mistake are available to an appellant. The case of FRN v Anache cited in this report is in respect of an appeal decided by the Supreme Court on the issue of whether the CPOROA was constitutional as it relates to the National Assembly’s powers to make laws in relation to corrupt practices and abuse of office.

    The ICPC had charged Alhaji Mika Anache, Adeyemi Omowunmi, Chief Adebiyi Olafisoye and Milton Paul Ohwovoriole (SAN) before the FCT High Court on the allegation that Omowunmi, Olafisoye and Ohwovoriole offered N3.5million to Alhaji Anache and other members of the Judicial Commission of Inquiry for the Investigation of the Management of the now defunct Nigerian Airways Limited, to induce the members to show favour to Olafisoye and his company Fidelity Bond of Nigeia Limited.

    The accused persons raised an objection, challenging the jurisdiction of the Abuja High Court, an objection the trial court dismissed. They appealed to the Supreme Court, which upheld the decisions of the trial court and the Court of Appeal.

    The apex court upheld the power of the National Assembly to legislate on corruption cases.

    The Supreme Court, also in the case, addressed issues relating to the true definition of federalism and federal government; the purpose of the CPOROA; when an Act ultra vires the National Assembly; which Assembly is vested with the power to legislate on matter on the Exclusive and Concurrent Legislative lists and whether courts of law can build on hypothesis or rely on imaginaries. The ICPC Law Report, which comes in hard, glossy paper-back no doubt, comes as a handy pool of resources for lawyers, law students and judges on areas relating to trial of corruption cases.

    It is, however, expected that Nta will keep his promise of ensuring periodic production of the Report

     

  • Hope for the physically-challenged

    Hope for the physically-challenged

    Foundations provide wheelchairs for the needy

    Ex-ICPC chair Akanbi challenges the rich

    There is a breather for the physically challenged in Kwara State, thanks to Ma-Assalam Islamic Foundation (MIF) in collaboration with Mustapha Akanbi Foundation (MAF).

    Both organisations put 15 physically challenged people out of their despair by providing them wheelchairs.

    The gesture took place in the state capital, Ilorin, as part of the Islamic foundation’s Ramadan gift for the less privileged.

    At the event, chairman of the foundation and ex-chair of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Justice Mustapha Akanbi urged the well-heeled in the society to spare a thought for the needy.

    Said he: “We could have called these physically challenged people and given them the wheelchairs but we are doing it in the open so that those who are richer than we are could do more so that we alleviate poverty and the suffering of the people and then make Nigerians understand more that when they do this kind of charity work, the Lord is there for them to take care of them.”

    Continuing, Justice Akanbi said: “Those of us who can walk on our feet and do things that we want to, do not know the suffering of the people who can not walk and those other people who are physically challenged.

    “Part of our decision this year is that we must do something for the physically challenged. We had to get about at least 15 wheelchairs, we have donated three already to Sobi Specialist Hospital. This morning we donated 11 to the physically challenged.

    “You can pity them.  It will also help us to appreciate that God is great, that we are very lucky, the way he has created us and therefore, we should continue to show gratitude to God by continuing to do this charitable act.

    “I am glad we are able to do this this year.  We have been assisting people with money but we did not publicise it.”

    As for the worth of the materials, the retired Appeal Court president said “in terms of what I read, we have spent N3m which does not include the wheelchairs. I do not want to be publishing our charity and humanitarian gesture so that it will not be misunderstood.  “Why we are making this public is to drum up support so that more people and organisations will see the compelling need to assist the less privileged and support us.

    “When they support us we plough it back to the society. Both Christianity and Islam teach us charitable work.

    “When you are charitable, you help others and they pray for you and God will assist you more.

    “We do not have religious bias for the beneficiaries.  We have Christians and Muslims.  Once you cannot stand on your feet and you come and register, we do not know you, and we do not want to know you. We just want to alleviate your problem.”

  • ICPC nabs PHCN official over alleged bribery

    ICPC nabs PHCN official over alleged bribery

    The Independent Corrupt Practices and Other Related Offences Commission (ICPC) on Wednesday confirmed the arrest of a Principal Manager with the Power Holding Companies of Nigeria (PHCN), Engr. Omololu Olusesi Gabriel, for allegedly demanding a bribe of N100, 000 from a customer to install two transformers.

    The commission has also put in place five toll free lines for whistleblowers.

    The ICPC made the disclosures in a statement signed by its Head of Media, Mr. Folu Olamiti.

    The statement said: “An ICPC sting operation has landed a top official of the Power Holding Companies of Nigeria (PHCN), Engr. Omololu Olusesi Gabriel into trouble as he has been nabbed by the operatives of ICPC for allegedly demanding a bribe of N100, 000 to install two transformers from a PHCN customer.

    “Omololu, a Principal Manager with PHCN Abuja Distribution Company in Zone 4, was arrested through a sting operation, following a petition filed against him.

    “The petitioner had formally applied to purchase and install two transformers – a 100 KVA/33/0.415 KV and a 50 KVA/33/0.415 KV, and had filed his application through the Principal Manager (PC and M) at the said PHCN office.

    “It alleged that Omololu on receiving the application demanded a bribe of N100, 000 for the release of one of the transformers, and had subsequently taken the half payment of N50, 000 from the petitioner.

    “Infuriated by Omololu’s insistence on collecting the balance of N50, 000 as condition for releasing the second transformer, the petitioner then turned to ICPC for succour and the Commission arrested the suspect after a sting operation when he collected marked money as balance.

    “Omololu’s schedule of duties as a public officer, include among others: protection of PHCN installations, testing of electrical equipment and preparation of permission letter for release of transformers, none of which required him to demand a fee from customers.

    “The ICPC operatives were able to establish that the petitioner, indeed, submitted two applications for permission to purchase and install two specification of transformers 100 KVA/33/0.451 KV and 50 KVA/33/0.415 to PHCN, and that the petitioner collected one of the approvals upon payment of N50, 000.00 demanded by the suspect.

    “And that the petitioner was denied the second approval for his inability to provide the balance of N50, 000.00.

    “The PHCN official would be facing prosecution for allegedly contravenes section 8 and 10 of the ICPC Act 2000.”

     

  • ICPC arraigns clerical officer over pension scam

    ICPC arraigns clerical officer over pension scam

    The Independent Corrupt Practices and Other Related Offences Commission on Wednesday arraigned Henry Oruh, a senior Clerical Officer with the Police Pension Office, before an Abuja High Court for alleged fraud.

    The anti-graft agency alleged that Oruh lied to officers of the ICPC, when in his suspect data form, he said that he only had a salary account with the United Bank for Africa Plc (UBA), which had less than N50, 000.

    The prosecutor, Mr. Paul Bassi, told the court that while executing a search warrant in Oruh’s house, officials of the ICPC, also discovered several other bank booklets with his name, including Fidelity Bank Plc, Guaranty Trust Bank Plc and also Zenith Bank Plc.

    Bassi said that during investigation, the officials, found over N50 million in the various accounts.

    The prosecution said that when asked about how he came about the money, Oruh, could not give a satisfactory answer.

    The News Agency of Nigeria reports that ICPC is also charging the accused for lying under oath, where in the suspect data form, he lied that he had no other account under his name.

    The offence, according to the ICPC, is contrary to Section 25 (1) and punishable under Section 25 (1b) of the Corrupt Practices and other Related Offences Commission Act.

    If convicted, Oruh shall be imprisoned for two years or with an option to pay a fine of N100, 000 or with both.

    Oruh, however, pleaded not guilty to the charge.

    After arraignment, Oruh’s counsel, Mr. Perry Ikoro, urged the court to admit his client to bail.

    Ikoro, assured the court that if granted bail, the accused would not jump bail.

    Bassi, opposed the bail application.

    However, in his ruling, Justice Hussieni Baba-Yusuf admitted the accused to bail in the sum of N500, 000 and a surety in like sum.

    Baba-yusuf ordered that the surety must be resident within the FCT and must produce proof of ownership of a landed property

     

  • Lawyers urge scrapping of ICPC

    Ttwo lawyers have praised the Federal Government’s plan to maintain one anti-corruption agency in line with the Steven Oronsaye committee’s recommendation. The panel recommended a reduction in the number of government agencies.

    Charles Ogboli and Ugochukwu Osuagwu, who are Abuja-based anti-corruption crusaders, suggested the scrapping  of the Independent Corrupt Practices and other related Offences Commission (ICPC) and the retention of the Economic and Financial Crimes Commission (EFCC) as against their merger.

    They argued that the EFCC has recorded some achievements and exhibits the tendency to do more if properly funded and its personnel better trained.

    In a statement, the lawyers faulted the operations of the ICPC and scored it low.

    They also argued that the ICPC could not be said to have justified the huge sums expended in maintaining it since its inception, having not recorded major successes. They, however, advised against the sacking of the agency’s personnel, suggesting rather their re-deployment to other agencies and ministries of government.

    The lawyers also advised that ICPC’ investigators, who are mostly policemen, should be redeployed to the Nigeria Police Force to continue their services, while other staff should be redeployed to appropriate agencies and ministeries.

    They argued that, while the retention of ICPC and EFCC was uneconomical, its merger with EFCC could negatively impact on the latter’s operations and philosophy.

    “ICPC has under performed. ICPC claimed that it secured 60 convictions in 10 years from over 1,000 cases in court. Is this not a failure? The question you ask is, who are these 60 persons convicted? Do we have ministers, governors, commissioners, local government chairmen, directors-general, etc among them?

    “In 2006 ICPC’s chairman said 24 governors have been investigated and found to be neck deep in corruption. Till date, the governors involved were not mentioned. Unlike EFCC, the ICPC is a market place. All sorts of petitions are investigated. They even investigate landlord -tenant matters, threat to life, intimidation, assault, rape etc.

    “When compared with the ICPC, the EFCC has some level of discipline. Although some staff of the commission are drawn from the police, they still have civilians which create a proper balance in the equation. There is a sort of check and balance.

    “Since year 2000 the ICPC has collected as budget,over 40billion from the Federal Government. In 2011 the ICPC received 3.87b, while in 2012 it received 4.2b. 30million was also allocated to ICPC to build a training academy.

    “The country cannot continue to spend heavily on an agency that does nothing, but duplicate the functions of the Police and the EFCC,” they said. Meanwhile, relying on the instrumentality of the Freedom of Information Act (FOI), Ogboli and Osuagwu have asked the ICPC to make public, information concerning the execution of contracts it awarded in 2011 in respect of capital projects; names of companies to which the contracts were awarded and their corporate profiles.

    The request by Ogboli and Osuagwu is contained in a letter written last Friday by their lawyer, Okoi Obono-Obla, addressed to the chairman, ICPC.

    Part of the letter reads: “Take further notice that your Commission has seven (7) days from the date of receipt of this application or request to comply; failing which our client have instructed us to file an application for judicial review in the Federal High Court seeking for an order of mandamus, compelling you to release to our client the information requested.

    “Take further notice that under Section 7 (5) of the Freedom of Information Act, where a case of wrongful denial of access is established, the defaulting officer or institution commits an offence and is liable on conviction to a fine of N500, 000.”

     

  • FEC scraps BPE, NAPEP, NEIC, 217 other agencies

    FEC scraps BPE, NAPEP, NEIC, 217 other agencies

    …Approves merger of EFCC, ICPC

    The Federal Executive Council (FEC) has agreed to scrap the Bureau of Public Enterprises and 219 other parastatals and agencies.

    Also, in spite of the controversy, the government has accepted the recommendation to merge the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    But the government has accepted the recommendation to conduct a “proper investigation into the allegations made by the National Boundaries Commission against the Office of the Surveyor-General of the Federation (OSGOF) over the funding of two non-existent boundary demarcations.

    The OSGOF will also be probed for alleged illegal extension of Nigeria’s maritime boundary from 200 nautical miles to 350 nautical miles at the cost of US$12 million without consulting.

    These are the highlights of the outcome of a review of the White Paper on the report of the Presidential Committee on the Rationalization and Restructuring of Federal Government Parastatals, Commissions, which was headed by ex-Head of the Civil Service of the Federation, Mr. Steve Oronsaye.

    The Federal Executive Council (FEC) had spent the last three weeks to review the report and concluded the exercise on June 26.

    The Federal Government FG had in 2011 inaugurated the Oronsaye panel to restructure and rationalize Parastatals, Commissions and Agencies of the government as part of measures to reduce the rising budget profile.

    After the submission of the report, a White Paper Committee was set up to look at the recommendations of the Presidential Committee.

    The FEC, however, finally debated and ratified the recommendations of the White paper Committee.

    According to a document obtained by our correspondent, some of the agencies to be scrapped are the BPE; National Poverty Eradication Programme (NAPEP); Fiscal Responsibility Commission(FRC); Public Complaints Commission(PCC); Nigerian Export Promotion Council; Public Complaints Commission (PCC); National Salaries, Incomes and Wages Commission (NSIWC); Federal Highways Department; Utilities Charges Commission; and National Economic Intelligence Committee among others.

     

  • ICPC orders reversal of NPA’s N138m contract

    ICPC orders reversal of NPA’s N138m contract

    The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has ordered the recall of an Advance Payment Guarantee (APG) of $867,242.25 (about N138, 758,760.00) granted Abhal Ventures Limited by the Nigerian Ports Authority (NPA).

    The commission said the APG of $867,242.25 representing 15 per cent of the contract sum is to be refunded following the Bureau of Public Procurement’s (BPP’s) recommendation that the contract awarded to the firm be terminated and re-awarded to Marina Energy Limited.

    The decision to recall the APG, according information, followed the investigation into the award of the contract for the construction and delivery of 100 Nos. Medium Density ‘R’ Class Polyethylene (MDPE) channel marking buoys to the concerned firm.

    The BPP, it was gathered, argued that based on its investigation, which was later forwarded to ICPC that the “rejection of Messrs Marina Energy Limited bid in the tender sum of $3, 574, 216.00 by the NPA solely on the basis of deviation from the NPA In-House Estimate in the sum of $5,956,282.00 is not correct”

     According to the letter, “the BPP has consistently advised Ministries, Departments and Agencies against the use of deviation from in-House Estimate as the basis to disqualify bid, rather, unit rate comparison, which is more transparent though painstaking analysis has always been advocated by BPP to determine the reasonableness or unreasonableness of a financial bid.”

    It was revealed that at the Financial Bids opening, Marina Energy submitted the “lowest responsive bid” of $3,574,216.80, while the eventual winner submitted a bid of $5,781,615.00.

    According to a letter issued and signed by ICPC on June 17, 2013, the Commission stated that “during the course of investigation, there was no evidence of the recall of the APG from the issuing Bank. You are therefore required to recall the APG and forward the evidence of this to the Commission.”

    The ICPC’s directive came on heels of a petition sent to President Goodluck Jonathan by Messrs Marina Energy Limited, dated  November 20,  2012, wherein it  alleged “NPA’s reckless disregard for due process and prescribed procedures as outlined in the Public Procurement Act, 2007 and its complicity in ripping off the Federal Government of Nigeria to the tune $2, 207,398.20.”