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Tag: inspection

  • APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    APC, Peterside to tribunal: ask INEC to move election materials to Abuja for inspection

    Rivers State All Progressives Congress (APC) and its governorship candidate in the last election, Dr Dakuku Peterside, have begun moves to compel the Independent National Electoral Commission (INEC) to produce the materials used in the election to Abuja for inspection.

    The party and its candidate have filed a motion to that effect before the State Governorship Election Petitions Tribunal sitting in Abuja.

    They said their decision was informed by INEC’s continued refusal to obey the order for inspection made by the tribunal on June 11.

    APC and Peterside are challenging the outcome of the election, in which INEC declared Nyesome Wike of the Peoples Democratic Party (PDP) the winner.

    They said the election did not comply with the Electoral Act (EA), INEC’s Electoral Guideline and manual made pursuant to the EA.

    The petitioners had complained to the tribunal that INEC was working with the PDP and Wike to frustrate the inspection of the election materials.

    Following the complaint, the tribunal, in a ruling on July 9, restated its order, which it said was directed at INEC.

    The petitioners’ lawyer, Akin Olujinmi (SAN), informed the court yesterday that INEC refused to allow the inspection of the materials it used for the election.

    “Your lordship made an order on June 11 for the inspection of election materials. The order was restated on July 9. That order has not been obeyed by INEC,” Olujinmi said.

    After the tribunal’s proceedings, the eminent lawyer addressed reporters.

    He said: “We have now applied that INEC be compelled to bring the election materials to Abuja for inspection since they have made inspection impossible in Rivers State.

  • Delta poll: ‘INEC frustrating inspection’

    An All Progressives Congress (APC) candidate for Sapele in the Delta State House of Assembly,  Felix Anirah, has said Independent National Electoral Commission (INEC) officials ara frustrating the inspection of electoral materials.

    The APC candidate sued the Peoples Democratic Party (PDP) candidate and Speaker of the House of Assembly, Monday Igbuya, at the Election Petitions Tribunal sitting in Asaba, the state capital.

    He is challenging the declaration of Igbuya as the winner of the election.

    The tribunal Chairman,  Justice A.  A.  I.  Banjoko, granted an order on July 8, for a joint inspection of the ballot boxes and ballot papers used in the ward/polling units in the  constituency.

    The court directed a recount of the votes of the first petitioner/applicant and the first defendant/respondent, following a motion on notice filed by the counsel to the petitioner, Ikhide Ehighelua, on July 6.

    Addressing reporters at the INEC office in Sapele, counsel to the petitioner, represented by Bukola Asema, frowned at the attempt by an INEC official to frustrate the petitioners’ right to inspect the electoral materials, as ordered by the court.

    She said: “We all agreed to meet here at INEC office in Sapele by 9am this morning (yesterday). However, we have been waiting since. Now, it is 3pm and the EO is yet to come. This is a clear case of breach of the court’s order, which directed that all the parties should be in INEC office by 9am on July 21 and 22 for a joint inspection.”

  • APC alleges plot by Akwa Ibom REC to impede inspection

    •REC: allegation baseless 

    The Akwa Ibom State All Progressives Congress (APC) has accused the Resident Electoral Officer (REC), Mr. Austin Okojie, of planning to scuttle the inspection of electoral materials as ordered by Justice Adedayo Oyebanji of the National and State Assembly Elections Petitions Tribunal sitting in Uyo, the state capital.

    Justice Oyebanji, on May 8, granted a prayer by the counsel to the petitioner, Chief Assam Assam (SAN), for the tribunal to grant leave for the inspection of the polling materials to verify the authenticity of 450,0000 votes.

    The 450,000 votes were said to have been scored by the Peoples Democratic Party (PDP) senatorial candidate in Akwa North West Senatorial District and Governor Godswill Akpabio.

    The tribunal also ordered that the inspection be carried out within 10 days in the presence of the respondents or their agents and security agents.

    But a chieftain of the APC, Mr. Akanimo Edet, alleged that Okojie had directed 10 Electoral Officers (EOs) in the senatorial district to mix up the senatorial election ballot papers alongside other ballot papers used during the general elections.

    Edet said the action was meant to halt the successful inspection of the over 450,000 ballot papers used in the March 28 senatorial poll.

    According to him, investigation revealed that efforts by the petitioner, Chief Inibehe Okori, inspect the materials had been undermined by the electoral body on the prompting of Akpabio.

    Edet said: “The commissioner had summoned a meeting of the Eos, where he instructed that the senatorial ballot papers should be mixed up with others to make the inspection nearly impossible to cover up the fraud.

    “Our Investigation also reveals that there is massive ongoing filling of incidence forms in a bid to make up for the bogus figures declared for Akpabio. This is at variance with the card reader analysis records, which is one of the contentious issues the governor is battling to provide answers to in the tribunal.

    “When lawyers to the petitioner went to the electoral commission to facilitate the inspection, as ordered by the tribunal, INEC officials declined to oblige the petitioner the right for inspection. They said the REC and the Head of Operations were not available to approve the inspection. They insisted that the REC who was nowhere to be found must approve the tribunals order.

    “The duo making themselves unavailable is part of the conspiracy between the REC and Akpabio to ensure that the inspection does not go unhindered. It is also part of a plot to ensure that the inspection does not take place within the 10 days period allowed by the tribunal. The tribunal has a 180 days lifespan and a total of 35 petitions are before it.”

    But Okojie described APC’s allegation as false.

    The REC said he had been ill for three days and was in a hospital in Benin, the Edo State capital, for treatment.

    He said: “As I am talking with you now, I am in a hospital in Benin. I took ill about three days ago. I have a problem with my health. Which time will I now have to start telling the people to mix up ballot papers to confuse other people?

    “That is rubbish. I have not even been able to call any head, nor speak with any electoral officer. I left about three days ago. Even the date for inspection, I did not even know it. It was the legal officer who mentioned it to me a few days ago.

    “Then I said if they should go about the inspection, it would take them a long time to go through the 31 local government areas of Akwa Ibom State. Instead, I asked that all the election materials be brought to the headquarters so that the people could come to one place and inspect the materials. It was a way they could safeguard the idea of time and to ensure that things were done properly. And in these local government areas, we do not have good storage facilities…”

     

     

  • Ekiti tribunal refuses PDP’s application on materials’ inspection

    Ekiti tribunal refuses PDP’s application on materials’ inspection

    The three-man Election Petitions Tribunal sitting in Ado-Ekiti, the Ekiti State capital, declined yesterday the request of the Peoples Democratic Party (PDP) for the presence of security agencies while inspecting  voting materials used in the June 21 governorship election.

    Justice Mohammad Sirajo granted the party’s relief to conduct the inspection but without security men’s presence.

    Justice Sirajo noted that “such order is not within the purview of this tribunal since it is the duty of INEC (Independent National Electoral Commission) to provide same during such exercise. So, no order of tribunal is needed for this”.

    PDP’s counsel Kolapo Kolade sought the relief of the tribunal for the inspection of all materials used for the conduct of the election.

    According to the counsel, the motion was important “in view of the serious allegation made by the petitioner to the effect that the ballot papers used for the election were programmed in favour of the 1st and 2nd respondents”.

    He added: “In order to defend our position , we need to inspect the materials and we need he leave of the court to do so unless the INEC will not allow us.”

  • Should customs or agents handle destination inspection?

    The Nigeria Customs Service was preparing to take over destination inspection (DI) at the ports, airports and border ports from destination inspection agents (DIAS), following the expiration of their contracts on December 31, last year, when the government renewed the pact on January 1. The extension of the contracts has generated a controversy over who should handle such a sensitive assignment, OLUWAKEMI DAUDA writes.

     

    Seven years ago, the Federal Government awarded the contract for the re- introduction of Destination Inspection (DI).

    Three companies, SGS, Global Scan Systems Limited and Cotecna Destination Inspection Limited were named as service providers.

    They were contracted to inspect imports to determine the duty payable and to prevent the entry of unwholesome and prohibited goods.

    The contract was in three parts- Capacity for Customs, Risk Management System and Scanning, operations. The service providers functions were divided into three: port/point of arrival and entry into Nigeria. SGS zone covers the Port Harcourt main port and airport, Onne Port, Idiroko border post, and the Ilorin International Airport.

    Global Scan covers Calabar Port, Warri, Lagos Airport, and Service Border Area; Cotecna covers the Apapa Port, Tincan Island Port, Abuja Airport, Kano Airport, and the Jibiya and Banki border posts.

     

    Terms of engagement

    The service providers were contracted to plug revenue leakages and ensure trade facilitation.

    They were also expected to build, equip, train and transfer the technology and expertise to the Customs.

    The aim of the policy was primarily to strengthen the capacity of the Nigerian Customs Service (NCS) by replacing pre-shipment inspection (PSI) in exporting countries with inspection on arrival in Nigeria using the latest technology tools.

    This objective was envisioned to take care of irregularities in the maritime business.

    Other reasons for the destination inspection include the facilitation of trade through risk management and the use of non-intrusive inspection (x-ray scanning) of selected imports prior to Customs clearances thereby minimising the need for physical examination and enhance regulatory compliance and collection of import duties/taxes.

    Based on the terms of agreement, the service providers are expected to design, implement, operate and maintain a computerised Risk Management System.

    The scanning service entails the provision, installation, management and maintenance of advanced scanning technology. Also the contract stipulates that the service providers should install mobile and fixed scanners at designated seaports, airports and border posts.

    On December 31, last year, the contracts expired but it was renewed by the government on January 1.

    The six months’ extension generated a controversy which is yet to die down.

    The question stakeholders are asking is why the government extended the contract.

     

    Reasons for contract

    extension

    Sources at the Ministry of Finance told The Nation that the government extended the contract to avoid congestion at the ports.

    The source also traced the extension to the lack of preparedness by the customs for the job, adding that the government was not initially against the customs plan to take over from the service providers on December 31, last year, but that there was a change of position, when it realised that the Customs management was planning to start total physical examination of goods at the ports.

    He said the customs plan is against the electronic examination being done by the service providers using scanners, which he said,would have led to a delay in goods delivery at the ports.

    The source alleged that it would have led to more corruption at the ports as some Customs officials would have been left with the responsibility of value determination as against the current system where the service providers determine the value of the goods being declared by the importers.

    The source said the Ministry of Finance, had on realising the danger of physical examination, drew the attention of the Presidency, which approved the extension of the service providers’ contracts.

    The President of the National Council of Managing Directors of Customs Agents (NCMDCA), Mr Lucky Amiwero, told The Nation that the country must learn from Ghana’s experience as far as DI is concerned. He said the issue of scanning equipment and training should be addressed first, followed by a transition period during which the Customs can take over.

    Some importers said physical examination was an avenue through which Customs rip off importers, by jacking up duties on some items and compelling them to offer settlement if they hope to get lower debit notes (DNs) on such goods.

    They claimed that it did not matter that such items had been correctly valued at the country of export, adding that on arrival in Nigeria, some Customs men will look for ways of extorting the importers through frivolous DNs.

     

    Introduction of PAAR against RAR by Customs

    Sources accused Customs of hurriedly sending a backdated letter to stakeholders, informing them of the new scheme to be known as Pre-Arrival Assessment Report (PAAR), about 10 days to the expiration of the service providers contracts.

    The introduction of PAAR by Customs, the sources said, was seen by the Presidency as compounding the problem at the ports. Customs, the sources said, should have waited after it took over before introducing PAAR.

    The letter sent by Customs to stakeholders on the new scheme reads: “The PAAR application system is a dynamic , real time and consistent Risk Management platform utilised by NCS and partner regulatory agencies, including Commercial Banks for classification, Valuation, Price Verification and added value services in a modernised Risk Management environment.”

    Sources said the government doubted the success of the PAAR scheme as it seems to have been done in a hurry.

    President Jonathan, the source said, extended the contracts to avert the looming crisis at the ports.

    But the President, Association of Nigerian Licensed Customs Agents (ANCLA), Prince Olayiwola Shittu, said the DIs have failed to ensure that the right machines are provided for scanning cargoes, such that actual contents/images are generated without recourse to physical examination.

    This, he said, has always led to physical examination of about 75 per cent of the cargoes thereby resulting in delays.

    He said the Customs had since found that RAR was not sacrosanct and proposed to replace it with Pre-Arrival Assessment Report (PAAR).

     

    Problems of RAR

    Shittu said ANCLA supported PAAR because RAR is a mere importer’s document “to inform the Customs that this is the minimum amount you can pay.”

    He said although Customs has no right to reduce the duty payable under RAR, it has the right to review it upward and that has been giving us problem because there is evidence to show that importers have outsmarted them, by influencing RAR. A lot of RARs end up with additional debit note being issued on them.

    “So, if the RAR is just advisory, and Customs will still perform their function, why should we still continue issuing the RAR and, at the same time, paying the service providers one per cent fee for service that is not relevant again? That is our grouse,” he said.

    “It would be of interest to Customs licensed agents that they have RAR in another form because what we are talking about is risk management system, but this time, the document would be issued by Customs under the proposed PAAR and that would save us a lot of troubles.

    “What customs is doing under RAR is check and balance. Even when the cargo is released, you see officers from the Customs Intelligent Unit (CIU), the valuation and examination units, coming forward to say the amount you paid was not correct. But with the introduction of PAAR, they are trying to turn it to a one-stop-shop where PAAR will be the final documentation of assessment of your cargo by Customs to pay your duty. This is in line with the single window and one-stop-shop, which the Minister of Transport had worked on.

    “ This is to allow importers to pay shipping companies and terminal operators once and carry their cargoes. PAAR will save us a lot of problems and it will enable us to achieve the 48-hour cargo clearance policy,” he added.

    He said PAAR would use pre-classification and prevaluation mechanisms to facilitate the importation of goods and enhance Customs efficiency.

     

    Contract sum

    The amount involved in the contract is one of the major issues why all eyes are set on the job of the service providers. For instance, the House of Representatives directed its Committee on Customs and Excise to probe the extension of the N275billion contracts. Under the deal, the DIs, House sources said, would get N21 billion, irrespective of the quality of work done.

    Sources said the House of Reps was not happy that the country’s revenue potential is not being realised because the DIs are not paying the correct taxes. Over $1 billion was alleged to have been lost. The probe, source said, was initiated by the House to prevent the continued loss of revenue.

     

    House Committee’s report

    The Chairman, House of Representatives Committee on Customs and Excise, Sabo Nakudu, said in another six months, officers of the Nigeria Customs Service (NCS) should be able to take over the job of the service providers.

    He made the statement during an oversight function visit to the two service providers.

    He said Cotecna and Global Scansystems have done well in training Customs officers to take over the Destination Inspection Scheme..

    Some of their recommendations include: “That the NCS should ensure that its officers trained by the various service providers are attached to the service providers in the interim to acquire more knowledge and not post them out to areas irrelevant to the training already received.”

    The report also recommended that the service providers Webb Fontaine, COTECNA, SGS and Global Scan, should take steps to harmonise their different risk assesment platforms into a single window for the use of the NCS.

    The committee recommended: “A central data management system that will aid in harmonisation and integration of all data from relevant agencies for effective monitoring should be immediately established, and that pending the complete takeover of destination inspection services by the Nigeria Customs Service, an implementable transition timetable should be put in place to ensure orderly transition to the Nigeria Customs Service,” warning that “this transition should not extend beyond the end of 2013.”

    The report added: “The service providers should ensure that there is no skills gap in the Nigeria Custom Service within the transition period.”

     

    World Bank team meets

    stakeholders

    During a closed door meeting between the World Bank team led by Mr Ramesh Silver and leaders of freight forwarding associations, there were serious issues raised by the two groups.

    Sources at the meeting said while some members of the World Bank team expressed doubt over the capacity of the Customs to take over from the DIAs in June, the leader of the agents said that the Customs can do so.

    At the end of the meeting Silver said: “So far, it looks as if they (Customs) are well-prepared, but we still have to have some more detailed discussion, to understand how ready they are.

     

    ANLCA’s threat

    Sources said last week that ANLCA has started mobilising its members against the extension of the service providers’ contracts, adding that the association’s leadership has directed its members at the seaports and borders to withdraw their services, if the Federal Government extends the firms’ contracts beyond June.

     

    Sabotage

    The Secretary-General of NAGAFF, Mr Increase Uche, said there is no question that the Customs is ready to take-over the DI job.

    “There is no doubt that there are clear signs of element of sabotage in the whole essence of transfer to the Customs. Customs is prepared to take the responsibility and they have the support of the critical stakeholders to do so,” he said.

    But some of the service providers, who spoke with The Nation under the condition of anonymity, denied the sabotage allegation.

    They claimed that if they are saboteurs, they would not have sent officers and men of Customs Service on training locally and abroad in areas of analysis, scanner operations and maintenance, risk profiling.

    “We have always said we are ready for collaboration with the Federal Government and the Customs to ensure that the laudable project of Destination Inspection is executed and handed over to the Customs when the government desires.

    “Most of the Customs officers trained by us have won the Comptroller-General’s award as the Best Scanning Officers. Who is then alleging that we are sabotaging the efforts of Customs to take over?” the officer asked.

    To prove that Customs to do the job, he said the service providers have to deployed 22 mobile and fixed scanning equipment, trained 6,788 customs officers, and provided an ICT network backbone to enable customs to deliver e-customs services to the public.

    He said following these, Customs to take-over effectively had engaged experts on ICT technology to develop an indigenous PAAR with capability to over-come the inefficiencies of the previous destination inspection system.

     

    How prepared is Customs

    Following the extension of the contract, Comptroller-General of Customs,Alhaji Dikko Abudullahi, said a new crop of Customs officers are being trained to take over DI scheme in June.

    Dikko spoke when the World Bank officials visited the customs headquarters to ascertain its level of preparedness to take over the destination inspection from service providers.

    He said most of the newly recruited staff had been trained in various areas of specialisation to ensure effective management of the service.

  • CBN, NDIC begin quarterly inspection of MfBs

    CBN, NDIC begin quarterly inspection of MfBs

    Microfinance Banks (MfBs) are now to undergo a quarterly inspection by the Central Bank of Nigeria (CBN) and Nigeria Deposit Insurance Corporation (NDIC) to ascertain the state of their financials, The Nation has learnt.

    Managing Director, Partnership Investment Company Plc, Mr Victor Ogiemwonyi, said the focus of the examination is to check the lenders’stress level, clean up delinquent loans and reorganise balance sheets to forestall unwholesome practices that resulted in liquidation of many of the MfBs in the past.

    He said the apex bank has begun intensive sensitisation of the subsector, educating the operators on risk management and corporate governance.

    Explaining why some of the MfBs could not survive, the apex bank said many of MfBs were deficient in their understanding of the microfinance concept. It also listed poor corporate governance and high levels of non-performingloans, among others, as key challenges facing the subsector.

    According to CBN’s operational guidelines for the establishment of microfinance banks, they are not expected to engage in excessive spending.

    The CBN had last month restated that the December 31, 2012 deadline for recapitalisation of MfBs are sacrosanct. In a circular to all banks, CBN Director, Other Financial Institutions, Mr O.A. Fabamwo, said it was exigent to remind directors and shareholders of MfBs that the deadline would not be extended.

    He, however, advised the banks to conduct due diligence and seek professional legal and financial advice.

    Moreover, he reminded directors and shareholders of MfBs about, particularly the capital requirements for each category of MfB and existing branches/cash centres among others.

    He said, henceforth, ‘customer interaction centres’, ‘meeting points’ and ‘customer service centres’, or similar outlets, located outside the registered business premises of a Unit MfB shall be regarded as unauthorised/unapproved branches/cash centres if the deadline is not met.

    Besides, previous approvals for such outlets for Unit MfBs have lapsed from the date of approval of the Revised Policy Framework by the Board of the CBN.

    He said the penalty for operating a branch/cash centre without prior approval of the CBN as stipulated in Section 13.1(b) of the Revised Guidelines for MfBs is N250,000 per branch for a Unit MfB, N500,000 per branch for a State MfB and N1 million per branch for a National MfB.

     

    In addition, such unapproved branched/cash centres would be closed within 30 days.

    Many of the MfBs liquidated by the Nigeria Deposit Insurance Corporation (NDIC) ran into trouble when their debtors refused to pay back their loans, over 80 per cent of which were unsecured. Besides, some of the MfBs were taking excessive risks, and branching out too quickly without considering resources at their disposal and whether utilised funds were short or long term obligations.

    A unit MfB bank is authorised to operate in one location without branches/cash centres and is required to have a minimum paid up capital of N20 million while that of a state is expected to have a minimum paid up capital of N100 million. It is equally allowed to open branches within the same state or the Federal Capital Territory. But the national MfB is authorised to operate in more than one state, including the Federal Capital Territory (FCT).  It is required to have a minimum paid up capital of N2 billion and is allowed to open branches in all states of the federation and the FCT, although subject to prior written approval by the CBN.

     

  • House begins inspection of N710b projects

    House begins inspection of N710b projects

    DESPITE the Executive’s reservation, the House of Representatives yesterday gave the green light for the Status Enquiry of the capital projects so far implemented by the Federal Government.

    Speaker Aminu Tambuwal met with the chairmen and deputy chairmen of the 80 committees and warned them against compromising in their oversight functions.

    The House also resolved that it will not allow Ministries, Departments and Agencies (MDAs) to fund the assessment tour by committee members.

    Of the N1.3trillion voted for capital projects in the 2012 budget, the Federal Ministry of Finance has released N710.4billion. Only N535.2billion has been cash-backed so far.

    The ministry also admitted that the MDAs have so far utilised N320.9billion, which is about 25.5per cent of the N1.3trillion.

    The Nation learnt that although the Executive had tried to persuade the House to soft-pedal on the Status Enquiry of projects, the House decided to go ahead from next week “in the interest of the public”.

    It was gathered that the Speaker’s meeting with the chairmen worked out the modalities for the tour.

    At the closed-door session, it was learnt that the committee chairmen and their deputies agreed to adopt a “syndicate system” to make the oversight easier.

    The session also identified key ministries with jumbo projects, which members should pay attention to because they border on infrastructure that Nigerians are yearning for.

    The ministries are Power, Health, Agriculture, Works, Education, Aviation, Petroleum Resources, Urban and Housing, Environment and Communications.

    A source at the meeting said: “We are going ahead with the physical inspection of the capital projects listed in the 2012 Budget.

    “If you look at the statistics released by the Federal Ministry of Finance, only N320. 9billion (25.5%), out of the N1.3trillion budgeted for capital projects, has been accessed by MDAs. So, in actual fact, only about 25.5per cent of the funds has gone to the MDAs.

    “Yet, we want to go ahead to know the level of implementation of projects executed with the N320.9billion.”

    Another source at the session said: “The Speaker gave us a manual of dos and don’ts at the meeting. We were specifically warned against collecting any gift in cash or kind from the MDAs.

    “Also, we have been banned from using official vehicles provided by the MDAs for inspection of projects, no matter how difficult the terrain is.

    “The House will solely finance the Status Enquiry of Projects. The Speaker said we are going to ‘look inwards’ to fund these trips.”

    The source quoted Tambuwal as saying: “We are not at war with the Executive. But with this assignment, we see yourselves as agents of change. Let Nigerians have value for public funds that we budget every year.  Say the truth on what you see on ground as far as infrastructural development is concerned.

    “When we come back, we want to present the Executive with the accurate report of what is on ground. This will assist Mr. President to know the true position of things.”

    The Chairman of the House Committee on Media and Public Affairs, Mallam Zakary Mohammed, said there is no going back on the inspection tour.

    Mohammed said: “We are still going ahead with our oversight tour of capital projects. We want to ascertain whether our assessment will tally with the reports we have got from the MDAs.”