Tag: Oduah

  • Oduah: Pitfalls of Reps report

    Oduah: Pitfalls of Reps report

    There was this nominee, several years ago, to serve as a judge of the Supreme Court of the United States of America (USA). He was a black man, if my recollection still serves me right. His confirmation hearing was so bitter and divisive that it spilled over from the otherwise hallowed chambers of the US Senate to the streets of the country. It was so bad that in the effort to spike his nomination, the issues and questions to be thrown at the nominee would be ‘leaked’ to the public by sources 24 hours before hand.

    The idea by those behind the ‘leaks’ was ostensibly to dehumanise and demonise the nominee to the Supreme Court before the American public and in the court of the American public opinion. At the end of the brutal hearing, the nominee was confirmed and he got the job. Before that nominee assumed his position in the Court, he spoke, addressing many issues including what he considered the planned, coordinated, orchestrated and well-funded effort by some people to find him guilty even before trial. He described it as an attempt at ‘hitech lynching’.

    As events unfolded in the past two weeks or so on the subject of purchase of operational vehicles including two bullet proof cars (which some writers and commentators also refer to armour-plated/armoured cars) by the Nigerian Civil Aviation Authority(NCAA); the alleged roles of the supervising Ministry of Aviation, and the Minister of Aviation, Princess Stella Oduah, and the diverse positions taken by individuals and groups, it has been difficult not to recall and relate what has been going on as akin to the phrase of attempt at ‘hitech lynching’ of Oduah.

    At the risk of naivety, I want to assume that the issues and allegations are well known to the partisans to warrant a detailed and exhaustive recall. So, we will summarise. The NCAA ordered, procured and/or leased operational vehicles. Thrown into the basket are two BMW bullet proof cars that were not appropriated for fiscal 2013. The bullet proof cars enjoyed duty waivers they should not have enjoyed. The N255 million committed to the bullet proof cars was insensitive and wasteful. The N643 million for the operational vehicles even after discounting the N240 million appropriated by the National Assembly in fiscal 2013, was beyond the Minister to approve without reverting to the Federal Executive Council (FEC). Due process was not adhered to, including allegedly ignoring the Public Procurement Act.

    It’s important to note that calls by individuals and groups for Oduah’s sacking commenced the very day the story broke. Indeed, the campaign to oust Oduah from the Aviation Ministry started immediately President Goodluck Ebele Jonathan assigned her the portfolio. She was derided as having no experience in the industry and of being a square peg in a round hole. Critics were somewhat shamed when she doubled down and went to work and began an amazing transformation (a cardinal principle of the Jonathan government) and remodelling of our airports. But it was obvious the critics were not pacified and this became manifest whenever there was a mishap in the sector. After the air mishaps, the orchestrated controversy over bullet proof cars procured by the NCAA has provided a fresh fodder for the enemies at the terminal.

    In the quest to stampede Oduah out of office or get her sacked by the president, some anti corruption ‘activists’ have procured protesters to further the plot. Talking about protesters, the Nigeria variant, there was this true incident in Abuja during the presidency of Gen. Olusegun Obasanjo. A group was as usual procured to sit-in with placards at a particular institution with a view to getting the leadership removed. A perceptive middle ranking officer of the institution that was besieged, acting on his own, discreetly interviewed some of the protesters and was told that each person was paid N1000 to carry the placard for a few hours.

    Quickly, the officer went into the office, prepared a fresh set of placards in favour of the institution and its leadership, arranged money, came out, retrieved the offensive placards from the ‘protesters’, gave them the new placards with positive messages and N3000 for each ‘protesters’. By the time the original sponsors of the ‘protesters’ arrived the venue of the sit-in with their horde of hastily arranged photojournalists, they met ‘protesters’ carrying placards they did not bargain for. I leave you to imagine their disappointment and then to ruminate on the ‘protesters’ we see sometimes on national television. It has to be said that not all protests are rigged.

    So when the issue of Oduah moved from the cacophony of voices and the charade of ‘protesters’ to the setting up of a probe panel by the House of Representatives, I reasoned that a measure of sanity is returning to the discourse. The fear remained that there may be some panel members with mob mentality but there was also a feeling that there could just be one or more sober elements in the panel. From ‘leaked’ reports to the media, the House Panel has written its report which formed the basis of their recommendations to the whole House.

    If the report and recommendations ‘leaked’ to the media ahead of submission to a committee of the whole House were to be believed, it would then appear that the House of Representatives Probe Panel members on Oduah worked from the answer – Get Oduah out by all means.

    Let us analyse their findings and recommendations taken from newspaper reports: *President Jonathan should sack Minister Odua for bursting her approval limit. *Oduah breached the Appropriate Act 2013 by allowing an Agency under her watch to procure vehicle not captured in the budget.

    *Minister bypassed public procurement process.

    *A clean bill of health for First Bank, but that the executed lease purchase agreement should be revoked.

    *Other recommendations which obviously were designed to fulfill all righteousness. We will ignore them for being inconsequential.

    It is interesting that a member of the House Probe Panel told a newspaper that there was nothing in their findings that suggested that Oduah derived or would derive personal benefits from the transaction and that the bullet proof cars were not bought in her name. Drawing from the findings so far, it would appear that if Minister Oduah was guilty of anything, that thing would be indiscretion. And indiscretion in this instance cannot be equated with corruption.

    Anticipatory approval for a contract is part of government business in our clime. The N255 million for bullet proof cars by NCAA will surely be covered by this mode of doing business. If the Minister gave approval (which of course she did not do, given the documented evidence she directed the Agency to do the “needful”), the sum which lease arrangement spans over 36 months would still be accommodated within her approval limit. The argument that by so doing, Minister Oduah would be committing succeeding Aviation Ministers is a non issue. And I will explain. The Federal Minister of Works will be stupid to limit the lifespan of contracts for road repairs and construction to terminate with the duration of his stay in the Jonathan Cabinet. In any case, how would he know how long he will serve? Nothing that says he will be in the FEC and in the same post till 2015. He, like others, serves at the pleasure of the president. In like manner, the bold statement in remodelling our airports cannot begin and end with the initiator – Oduah. In other words, future Aviation Ministers will have to continue with contracts entered into under her charge as long as such contracts are not incurably bad.

    More important is the fact that the travails of Oduah have little, if anything, to do with corruption. It’s more about 2015 and Jonathan. For those who choose to live in denial, they are free to do so. Princess Stella Oduah inspired an NGO-Neighbour to Neighbour-that gave hell to those who opposed Jonathan ahead of the 2011 presidential election. Neighbour-To-Neighbour was a formidable movement and a nightmare to opponents of Jonathan. If Jonathan needed Neighbour-To-Neighbour in 2011, he will need it more for the yet undeclared reelection quest in 2015. The plot of Jonathan haters is to discredit Oduah and weaken the credibility and moral standing of Neighbour-To-Neighbour when the time comes.

    They have started with the president’s party – the Peoples Democratic Party (PDP). Nobody needs a prophet to confirm that Jonathan will seek reelection in 2015. But he should realise that his opponents in the forthcoming contest will not take prisoners. Prisoners can be a burden and a distraction. They would rather apply the Italian solution. But for as long as he is the president, Jonathan holds the aces.

     

    • Onuoha, is a public

    affairs commentator

  • Land racketeering: Anyim, Oduah to face Reps panel

    Land racketeering: Anyim, Oduah to face Reps panel

    The Secretary to the Government of the Federation (SGF), Pius Anyim and the Minister of Aviation, Stella Oduah are to face House of Representatives’ ad-hoc committee probing alleged land racketeering in the Federal Capital Territory (FCT).

    The two are expected to give reasons for the acquisition of the land to be used for the construction of the Centenary city as well as roles of a company specifically floated for that purpose.

    The invitation followed the submission of the FCT Minister, Bala Mohammed, during an investigative hearing held on Thursday. At the hearing the minister said his administration has not allocated any land for the Centenary City.

    The Chairman of the ad hoc Committee, Bimbo Daramola, warned that the interests of Nigerians should not be overlooked in the build up to the celebration.

    He said, “We should not inflict pains on Nigerians just because we are celebrating 100 years. The interests of Nigerians should be paramount regardless of whatever any investor is bringing into the project.

    “On the Centenary project, we will however advise the minister to proceed with caution, so that when Bala Mohammed leaves office, as a country, we don’t go back 100 years.”

     

     

  • Oduah now to appear before Senate next week

    Oduah now to appear before Senate next week

    The Senate yesterday shifted the scheduled appearance of Aviation Minister Ms. Stella Oduah till next week.

    Oduah was billed to face the Senate yesterday to brief the lawmakers on the state of the Aviation sector, especially the reasons for the recent air crashes.

    Though the minister’s appearance was listed on the Order Paper with “chief executives of the Aviation corporations to brief the Senate on the state of the Aviation sector and aviation accidents,” the minister’s appearance did not hold.

    Deputy Senate President Ike Ekweremadu said Senate President David Mark, who was on his way to Dubai as head of the Federation Government’s delegation to cheer the Golden Eaglets to victory in their match against Mexico today, requested to be indulged to “personally” chair the session when the minister would face the Senate.

    Though Oduah was said to be at the National Assembly for the session, the Senate postponed her appearance till Thursday, November 14.

  • N255m cars: Reps panel proposes Oduah’s sack

    N255m cars: Reps panel proposes Oduah’s sack

    Aviation Minister Stella Oduah maysoon be waving a painful farewell to her controversial job —should the House of Representatives Committee on Aviation have it way.

    It is to recommend today that President Goodluck Jonathan should sack Ms Oduah, for exceeding the official limit in approving the purchase of two bulletproof vehicles by the Nigerian Civil Aviation Authority (NCAA) at N255million.

    The committee may have recommended also sanctions for the former acting Director General (DG) of NCAA, Nkemakolam Joyce, and the agency’s Director of Finance, Salawu N. Ozigi – in line with the Civil Service Rules.

    The panel is to seek the immediate termination of a loan agreement of N643, 088,250.00 to finance the purchase of 54 vehicles (including the armoured vehicles) between the NCAA and the First Bank of Nigeria.

    Coscharis Motors Limited is to be asked to refund the N255million meant for the bulletproof vehicles. Besides, the panel will recommend that the Economic and Financial Crimes Commission (EFCC) should investigate the company for alleged abuse of waivers.

    These key five recommendations are some of the major highlights in the report of the committee, which will be tabled today before the House of Representatives.

    The report will then be debated and put to vote before the House takes a stand on the matter, which has generated so much heat in the polity.

    According to sources, after a prolonged debate on Oduah’s fate, the panel agreed that the minister allegedly violated the 2013 Appropriation Act and the Public Procurement Act because due process was not followed in approving the purchase of the armoured vehicles.

    The committee recommended to the House to ask “President Goodluck Jonathan to review the continued engagement of Stella Oduah as the Minister of Aviation, having contravened the 2013 Appropriation Act by overshooting her threshold of N100million and for violating the Public Procurement Act.”

    The report said: “The committee recommends sanctions for the acting DG of NCAA, Nkemakolam Joyce and the agency’s Director of Finance, Salawu N. Ozigi, in accordance with civil service rules for circumventing the Public Procurement Act.”

    On Coscharis Motors Limited, the committee directed that the auto firm should “refund the N255million paid to it for the bulletproof vehicles through a loan agreement with immediate effect”.

    “The armoured cars are also to be returned to Coscharis Motors Limited.

    “The N643, 088,250.00 loan agreement with the First Bank of Nigeria by the NCAA to finance the purchase of 54 vehicles should also be terminated forthwith because it is not in the interest of the country.

    “The EFCC is also advised to further investigate Coscharis Motors Limited for abuse of the waiver process and the discrepancies in the chassis numbers of some of the BMW vehicles.”

    Speaking with our correspondent last night, a member of the panel said: “As a matter of fact, there was nowhere in papers to show that the vehicles were bought in the name of the minister.

    “But in terms of approval, the minister was found guilty, having gone beyond her threshold of N100million. Due process was also not followed in the purchase of the vehicles by the NCAA.”

    On the next step, another source said: “It is left to the House to accept or reject our recommendations.

    “It was not easy arriving at these recommendations because of vested interests and pressure, but most members of the committee put the nation ahead of personal matters. The committee members had to reconsider the wording of recommendations on the minister.”

    First Bank Plc was given a clean bill of health in respect of the transactions.

    The July 30, 2013 agreement between NCAA and First Bank of Nigeria reads in part: “The borrower (NCAA) has applied to the bank for a Term Loan Facility (herein referred to as “the facility”) in the sum of N643, 088,250.00 to finance the purchase of 54 vehicles for Management Staff of NCAA on Grade level 15 and above.

    “The bank has agreed in the usual banking terms to extend to the borrower the said facility on terms and conditions herein contained in this Loan Agreement and in the Letter of Offer which terms are hereby incorporated into this agreement.

    “The parties hereto have agreed to secure the facility, including interest and other charges.

    “The facility shall be for a period of 36 months without moratorium. Subject to the terms and conditions hereinafter contained, the Borrower shall repay the facility hereunder in 36 monthly installments as contained in the Letter of Offer.

    “The borrower shall until the repayment of facility to the Bank pay interest on the balance outstanding and on all monies whatsoever at any time owing to the bank at the rate of 18 % per annum(all inclusive) or such other rates in line with changing market conditions as may be advised.

    “The borrower hereby covenants with the bank that so long as any part of the facility or interest or other moneys hereby covenanted to be paid remains outstanding, the borrower shall:

    •furnish annually to the Bank not more than 120 days after the end of the period in respect of which they have been made up Balance Sheet and Profit and Loss Accounts showing the true position of the Borrower’s affairs such Balance Sheet and Accounts being certified by the Auditors …”

    “The borrower will also from time to time supply to the bank such other information as the bank shall reasonably require in respect of the assets and liabilities of the business operation and administration of the Borrower and shall permit and enable the bank’s representative to inspect the borrower’s properties and operations including all relevant records and documents after giving reasonable notice; and costs of such inspection and the out of pocket expenses incurred by the bank’s representative aforesaid during such inspection being payable on demand by the Borrower provided that such costs are fair and reasonable.”

  • Oduah to face Senate today on air crashes

    Oduah to face Senate today on air crashes

    A viation Minister Ms. Stalla Oduah will today appear before the Senate to explain the state of the country’s Aviation sector.

    It was learnt that Oduah would brief the Senate on the happenings in the Aviation sector by 11am.

    The source explained that Oduah had been “duly informed about the need for her to brief the Senate” today, following frequent air crashes in the country.

    The source added that “barring any other development, the minister is expected to be admitted into Senate chamber by 11am or thereabout” today.

    Other chief executives of agencies under the Aviation sector, it was learnt, are also expected to appear with Oduah.

    Asked whether the controversial N255 million armoured cars purchased by the Nigeria Civil Aviation Authority (NCAA) would feature during the briefing, the source said: “It is not unlikely.”

    The Senate, following the crash of the Associated Airline on October 3, summoned Oduah to appear before it to explain the state of the Aviation industry.

    The Senate also said the minister would brief members on the resurgence of air crashes, which had led to the death of hundreds of Nigerians and others.

    It mandated its Committee on Aviation to investigate the October 3 crash of Associated Airline in Lagos when it was conveying the remains of the late Ondo State Governor Olusegun Agagu to Akure for burial.

    The Senate also invited chief executives of aviation corporations to appear with the minister to answer questions on their departments.

    The Senate said it relied on Section 67(2) of the 1999 Constitution (as amended), which empowers it to invite any official of the government for questioning on national issues.

    The lawmakers decried incessant air disasters in the country.

    The summons followed a motion by the Chairman, Senate Committee on Aviation, Hope Uzodinma (Imo West), titled: Crash of Associated Airlines Airplane.

    Uzodinma regretted that Nigeria witnessed seven fatal crashes and averted crashes in the last two and a half years.

    The senator said the figure was unprecedented.

    He listed the air crashes, their crash sites and the casualty figures.

  • That pro-Oduah rally

    That pro-Oduah rally

    We should be worried that our youths are fighting for negative values

    Little did I realise, last week, that I would return to the Stella Oduah issue this soon. But there have been some disturbing developments since I wrote my column on it last Sunday. One of them was the pro-Oduah protest by some Igbo youths in Enugu penultimate Saturday. No doubt, protests are an integral part of governance. Even in autocratic societies where the ruler holds somewhat unquestionable powers, people have always protested, oftentimes at great risks to their lives. Thousands of South Africans were killed in all kinds of protests staged in the days of apartheid, to end white minority rule in South Africa. If people in undemocratic settings can express displeasure with government, it should be a given that those in democratic settings have much greater latitude to disagree with governments through protests. Protests should therefore be seen as an integral part of democracy if indeed democracy is the ‘government of the people for the people by the people’.

    The point being made is that governments are run by people, in which case the public officials can make mistakes in policy formulation or programme implementation. People have the right to express their displeasure about such mistakes, whether they (mistakes) are of the head or the heart. As a matter of fact, students in this country have had to demonstrate for very noble causes in the past. All said, there are some protests that are senseless because of their dysfunctional nature and should therefore be condemned by any right-thinking member of the society. The protest by some (apparently) misguided Igbo Youths in Enugu, under the aegis of Igbo Progressives Union, against calls for the sacking of the aviation minister, Stella Oduah, falls under this category. Hear their leader, Emeka Agbo, a student of the Institute of Management and Technology, Enugu: “Before she came to office, we were hearing about international airport, but today, it has become a reality in Igboland. We are ready to swim and sink with her.” I have no quarrel with this because it is a matter of choice; people have a right to swim or sink with whoever they like. But my concern is that this was a major plank why the minister should be spared. And to think that it is coming from students in a higher institution?

    Yet, the issues in the Oduah case are simple and would even appear clear enough. She was alleged to have approved the purchase of two BMW armoured cars at a cost of N255million, whereas the market value of the vehicles should not be more than N75million. Worse still, the expenditure, according to reports, was not provided for in the budget, which is a serious offence. As at the time of the protest, the minister was yet to respond to the invitation of the House Committee on Aviation to shed more light on the issue. What was then in the public domain was the fact that the vehicles were bought to protect the minister whose life has been in danger from people who are not happy with the good works she has been doing and the changes she has brought to bear on the aviation sector, that have affected these people who would have preferred business as usual. Ms Oduah told a different story when she finally appeared before the House committee on Thursday. The impression she gave was that her aides who spoke earlier did not know what they were saying. Anyway, I do not want to jump to conclusion before the committee is through with its assignment, so I would rather stop here on her appearance before it. But, how does this matter become something which some youths would take upon themselves to defend simply because she is one of their own? Were the protesters instrumental in any way to her appointment as minister?

    Although in the Oduah case, the protesters were her Igbo kindred, it should not be taken to mean that the behaviour is only found among the Igbo or in the eastern part of the country. It is a behaviour sans borders, so to say. What, therefore, could be responsible for this? Illiteracy is a sure banker; poverty is another while a third could be ignorance. Perhaps the fourth reason, which is as deadly as the other three is the loss of values in the country. The situation has been deteriorating at an alarming rate. Otherwise, why would some secondary school students rise in defence of a monarch who was on trial for alleged rape? Yet, that was what happened last year, when about 35 pupils of Ifelodun Grammar School, Kiloru, Osun State, protested against the trial of the Alowa of Ilowa, Oba Adebukola Alli, for alleged rape. It was heartwarming that the state government which had keen interest in the matter promptly suspended the students and indeed asked them to produce their parents in school, in addition to the students signing an undertaking that they would not do such a thing again.

    The irony of it all is that in many instances, most of the protesters hardly understand the reason for the protests they are participating in. I remember in the Abacha years, some protesters who were part of the Nigerians earnestly asking Abacha to transmute to civilian president carried their placards upside down, an indication that they did not even understand the content. When reporters noticed this and asked them why they were part of the march, many of them had no answer. Some even said they were given some ridiculous amount to be part of the train. The same thing is being insinuated in the pro-Oduah protest by the so-called Igbo youths. Some reports said they were offered N4,000 each.

    In the Osun instance, those involved were children who should not have been involved in such protest. As at the time they protested, their Oba was still on rape charge. Yet, they stormed the court premises to protest the trial. Now, judgment has been given, and the court, even despite its convoluted judgment, did not say Oba Alli did not have sex with the youth corps member that he was alleged to have raped; it merely agreed with the Oba that the two of them were lovers. Now, in retrospect, can those students vouch that their Oba was right to have slept with the youth corps member, even if it was a case of two consenting adults? Does that not desecrate the throne? And, is that the kind of thing that well-brought-up pupils or students should be defending? Has it ever dawned on them that they too are not safe in the hands of an Oba that would not bait an eyelid to have an affair with a youth corps member?

    It is this type of protests that has made many Nigerians to conclude that there can never be a revolution in the country. They have carefully studied the tendency of the elite to appeal to parochial sentiments when they are in trouble. That is when they (the elite) remember that they are being persecuted because of the tribe they come from, or the religion they belong to, or whatever. I do not know how far this can be sustained; the fact that it has worked this far does not mean it will always work because, when the chips are down, poverty does not know tribe or religion; it is about the stomach. Most times when a baby cries, it wants food in its mouth. What we are familiar with is the saying that ‘a hungry man is an angry man’. Hunger does not know tribe or religion, when it comes, it wants to be assuaged, and it will get to a stage where hunger cannot be assuaged the way some people are plundering our common patrimony.

    These protests are depressing because they are carried out by youths who are the leaders of tomorrow. Apparently, we are not inculcating in them the right values that would empower them for that future that they are supposed to play leadership roles in. This is as bad, if not worse, than sitting on a keg of gunpowder.

  • Whodunit?

    Whodunit?

    After keeping her counsel for well over a week while the heavens raged, Minister of Aviation, Stella Oduah, finally faced members of the House of Representatives Committee on Aviation and told them that the BMW armoured cars bought at a cost of N255m by the Nigerian Civil Aviation Authority, NCAA, were not meant for her use.

    At about the same Co-ordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, was denying ever granting waivers for the clearing of the armoured cars. What she did apparently was grant a waiver for the clearing of cars used for the 2012 National Sports Festival, EKO 2012, hosted by the Lagos State Government. Meanwhile, officials of the National Civil Aviation Authority (NCAA) caught in the eye of storm have denied violating any laws or breaking any rules in making the purchases. In between denials they get tangled up as to what cars were bought and who they were bought for.

    Then here come Coscharis Motors who have equally denied any wrongdoing – blaming the whole probe on a political conspiracy. Well said, brothers and sisters. In Nigeria nobody ever does anything wrong; credit is as always reserved for poor old Mr. Devil!

  • N255m cars: I did no wrong, says Oduah

    N255m cars: I did no wrong, says Oduah

    FOR the first time since the N255m bulletproof cars purchase scandal broke out, the woman at the centre of it all defended her integrity yesterday.

    Minister of Aviation Stella Oduah told the House Committee on Aviation that she did no wrong.

    She said her approval of the purchase in no way meant that she encouraged the Nigerian Civil Aviation Authority (NCAA) not to follow due process.

    According to her, in approving the purchase, she had told the NCAA to “ do the needful”. The “needful”, according to Ms Oduah, meant they should follow due process.

    The minister not only defended herself at the session, but went a step further to stick her neck out for the NCAA.

    Oduah, who read a prepared speech, spoke on the allegations against her. She said: “In the last few weeks, I have received all sorts of bashings in the media. Many persons have also risen to my defence. Many have abused me, some out of a genuine sense of outrage that I allegedly spent the sum of USD1.6 million of government funds to purchase for myself two nos bulletproof BMW cars for my personal use.

    “Honourable Chairman, as you are all aware, what necessitated this public hearing were the events that followed a false and malicious online publication that I had compelled the NCAA to purchase for me 2 nos BMW bulletproof cars at the cost of USD1.6 Million. Let me state emphatically from the onset that the allegation concerning the purchase of 2 nos bulletproof cars for me by the Nigerian Civil Aviation Authority (NCAA) is false in its entirety.

    “Sadly, other than the conjecture, the publication has not supported this inflammatory statement with any rational basis. As a matter of fact, their justification and confirmation, which they brandish, is nothing but the erroneous responses of my aides.”

    The long wait for the minister by the committee for her to state her side of the controversial purchase ended when Ms Oduah walked into the Conference Room 231 at 11:39 a.m.

    The Nkiruka Onyejeocha- headed committee extended the hearing by a day to enable her return from an official journey and tender her position before the lawmakers.

    Oduah came into the hall wearing a sober mien. She spotted a navy blue batik material with her usual head gear and glittering jewellry.

    All through the event, she tried maintaining a quiet and purposeful approach to the issues she explained, but got agitated a few times in response to questions.

    No sooner had Oduah arrived the venue when she immediately stepped out for about 10 minutes to confer with her aides and consultants near the elevators, where they gave her documents and injury-time guidance on what to say and how to comport herself.

    Oduah was emphatic that the NCAA did not spend monies not approved by the Appropriation Act, 2013.

    She said: “The NCAA, as a result of the daily interaction with the law in its regulatory and enforcement roles, is at all times and in all matters conscious of its obligations of complying with the law and all extant rules and regulations of the government.

    “The NCAA is, therefore, conscious of its obligations relating in particular to appropriation and will never spend monies that have not been appropriated by the National Assembly.

    “It is in this regard, therefore, that the NCAA, within the framework of the Medium Term Expenditure Framework (MTEF) approved by the National Assembly as a planning tool, planned its budget with regard to acquisition of operational and other security and safety vehicles for the next three years in a manner compliant with Section 80 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), that prohibits the spending of monies from any fund of the Federation, except as appropriated by the National Assembly.”

    The minister said that the media had been awash with the purported spending of monies by the NCAA to the tune of USD1.6 million, N255 million and other figures on the purchase of the vehicles.

    “It is not true that the NCAA has spent such amount of money on purchase of vehicles. It is also not true that the NCAA has purchased two bullet proof BMW vehicles for the Honourable Minister of Aviation,” Oduah said.

    She said her understanding of what the NCAA did was to plan for the acquisition of vehicles for next three years within the MTEF through a lease financing arrangement with First Bank Plc.

    “Under this arrangement, NCAA would have paid N100 million by the end of fiscal year 2013. The sum is below the appropriated amount of N240 million and less than what is required for FEC approval.

    “It would appear that what the NCAA has done within the framework of the MTEF and its desire to be prudent is to plan its budget in a manner that the cash flow of the authority is able to accommodate spending.”

    Justifying the lease financing of the 2 BMW cars, Oduah said: “The NCAA owes its very existence to the benevolence and wisdom of the National Assembly expressed through the promulgation of the Nigerian Civil Aviation Act, 2006.

    “As the regulator of the entire aviation industry, the NCAA, pursuant to powers granted under the Civil Aviation Act, 2006 makes and enforces Regulations towards ensuring safety and security of Nigeria’s airspace.

    “The NCAA in addition, plays a pivotal role in carrying out Nigeria’s international obligations and responsibilities. Our role in the Ministry and under the law is what I have carried out which is to support this from a policy and execution standpoint only.”

    She added that the two armoured cars were necessary for safety and security in the operations of the NCAA and should not be linked with her name.

    “Nothing in the approved budget reflected my name. I never asked for any vehicle. It is not registered in my name, but of the NCAA and First Bank

    All I did was to approve the requests.”

    Oduah insisted that the NCAA went through due process as there were no guidelines by the Bureau of Public Procurement on auto lease financing.

    “We have always acted in a prudent manner,” she concluded.

    But the members of the Committee were not satisfied with her explanations. A member. Zakari Mohammed, wanted the Minister to be definite on if what the NCAA did was auto loan or auto lease financing.

    “Loan agreement is different from a lease agreement; is it a loan or lease agreement? First Bank said it is an auto loan. I’m aware there is a procurement law, Clause 16(13). The threshold is N100 million. N255 million exceeds your threshold. What laws did you rely on? Is there any law empowering you to approve above a N100m? Is there any law you’re depending on that gave you the power to do that?”

    Oduah insisted that from the way the payment of the lease financing was structured, she did not pass her threshold. According to her, there was no difference between loans and lease agreement.

    “The dynamics of the auto loans agreement and lease agreement is still the same,” she said. This caused further disagreement.

    Another member, Jerry Manwe, told the minister that there was mischief in the action of the NCAA, adding that the National Assembly never approved of the purchase of armoured or bulletproof cars, but that rather, the N240 million in the NCAA budget was for operational and security cars.

    He added: “If you’re quoting MTEF, and at the end of this loan

    NCAA would have paid close to a billion over three years, Which MTEF provides to that? Also, First Bank said that at the end of this year you would pay N160m on the lease; is this not above your threshold?

    “This committee rejected armoured vehicle for the patrol of perimeter fence, do you need bullet-proof cars to patrol perimeter fences?”

    On accusation of not following due process in her approval, Oduah said: “I said approved, but do the needful- what does the needful mean? When I said ‘do the needful’, I meant you should go through the process

    The intent of the memo is approval for implementation. The minister approves for implementation. The annex (attached to her documents) says approved for implementation and for the memo to be implemented, it must go through due process.”

    Oduah argued that “security vehicles” means armoured and bulletproof cars. She, however, added: “The deal of N643 million is a mere understanding, which can be called off. Expression of interest was to 22 banks.”

    The chairman of the committee interjected: “Approved, do the needful…NCAA, when the minister said ‘approved’, do the needful, what did you do?”

    The DG NCAA, Fola Akinkotu, parried the question. He said: “Do the needful? As I said earlier, the officer, who was in charge of it at that time, will explain. But as a DG, what I would so is to follow due process, but when the Acting DG (who had gone to the toilet at the time) comes back, he would explain.”

    Permanent Secretary, George Ossi, said: “Actually when the memo came to the Minister for approval she expected that the agency would have complied with due process. The due diligence is expected to be done by the agency because this is their project, the Permanent Secretary is just to convey. I, as the PS was not available at this time. I am not trying to shift the blame, DG is the accounting officer. The DG is expected to do due diligence after the minister’s approval.”

    When the Acting DG, Mkemakolon, returned, he was put on oath. He said: “I went out to ease myself. I just came in. When we got the approval and that we should do the needful, we assumed that means that the agency should go through due process.

    “We went through processes…going to the banks, suppliers etc were processes. We were of the mindset that we’ve already gotten the approval of the National Assembly.”

    The President of Coscharis, Cosmas Maduka, caused a stir in his response to queries on the mix-up in the chassis numbers of the vehicles. In an agitated voice he said: “Look, let me tell you, we don’t do monkey business. We have given you the documents, you can call the manufacturers.”

    Mrs. Onyejeocha intervened: “Oga (to Coscharis), Oga listen, please, sit down and drink some water. Take it easy.”

    In her opening speech, Mrs. Onyejeocha told the minister that the House mandated the committee to investigate the purchase of the cars, “ find out if the cars were actually purchased; If it was authorised in an appropriation law; If NCAA has been complying with the Fiscal Responsibility Act on the Internally Generated Revenue and if the minister is entitled to to the use of such cars.”

  • N255m cars: I did nothing wrong – Oduah

    N255m cars: I did nothing wrong – Oduah

    The Minister of Aviation, Ms. Stella Oduah, on Thursday absolved herself of blame in the purported purchase of two bullet-proof armoured cars by the Nigeria Civil Aviation Authority (NCAA).

    Oduah while speaking before the House Committee on Aviation probing the purchase of the cars said the fact that she gave approval for the purchase of the two cars does not mean she encouraged NCAA not to follow due process.

    The minister said while she was approving the purchase, she told the NCAA to “do the needful.”

    The “needful” according to her, meant they should follow due process.

    The minister not only defended herself at the session, but went a step further to stick her neck out for the NCAA.

    Oduah, who read a prepared speech, spoke on the allegations against her.

    She said, “In the last few weeks, I have received all sorts of bashings in the media. Many persons have also risen to my defence. Many have abused me, some out of a genuine sense of outrage that I allegedly spent $1.6 million of government funds to purchase for myself two bulletproof BMW cars.”

     

     

     

     

  • Why Oduah should be handed over to EFCC, by Falana

    Why Oduah should be handed over to EFCC, by Falana

    Lagos lawyer, Mr Femi Falana (SAN), yesterday urged the Economic and Financial Crimes Commission (EFCC) to probe the Minister of Aviation, Princess Stella Oduah, on the role she played in the purchase of two armoured cars at N255 million.

    The cars and 54 others were allegedly purchased under a lease agreement by the Nigeria Civil Aviation Authority (NCAA) after Oduah’s approval.

    Falana said there was substantial evidence that the minister approved the transaction illegally, contrary to the provisions of financial guidelines of the Federal Government.

    Describing the purchase of the two cars as “outrageous”, Falana told our correspondents in Abuja that the agency saddled with the responsibility of handling such matters is the EFCC.

    He said the anti-graft agency should take over investigation.

    The frontline lawyer noted that the minister, by approving the purchase, worth N634 million, could be said to be guilty of contract splitting and illegal transactions.

    Falana said: “There is inflation in price (of the cars), contrary to the market price. That is another offence. Of course, the provisions of the Bureau of Public Procurement (BPP) were also violated, because there was no due process. There must be due process under any situation.

    “I have a letter from the NCAA to the effect that the agency, which bought the cars, does not have the document on the cars. Now, that is another problem; that is a violation of the Freedom of Information (FOI) Act. If those documents had been made available, maybe more revelations would have been out. This is because, for now, those cars are likely to be in the name of First Bank. That is why we must have the document.”

    He said the best way to resolve the lingering issue is to “hand the Minister of Aviation over to the EFCC, which is the only organisation recognised by law to investigate economic and financial crimes. No administrative panel under the current political or constitutional dispensation has the power to investigate allegations of criminality.”

    On National Assembly’s part in the armoured car probe, Falana said: “Their investigation would be allowed by law, if it is geared towards enacting a law to correct the problems in the industry.

    “There is no agency in the country, including the Central Bank of Nigeria (CBN), whose budget would be approved outside the constitution. By virtue of Section 81 of the Constitution, the estimates of the expenditure of the government shall be laid before the National Assembly by the President every year.”

    The frontline lawyer explained the reasons for the investigation, saying: “The loan is payable within 36 months. That is three years. And when they are paying it every month, it is tantamount to contract splitting. What is important in all this is an offence has been committed. The offences displayed so far include, contract splitting by having instalmental payment of the loan for 36 months. The loan was not approved by the National Assembly. Even the president cannot take a loan without an approval obtained from the National Assembly by virtue of the constitution.

    “Only the Federal Executive Council (FEC) can approve financial transaction of the government of a N100 million and above. We are not even talking of the N225 million, we are now talking of N643 million. The minister approved the entire transaction illegally and contrary to the provision of financial guidelines of the Federal Government.

    “So, an agency appointed by the government cannot be more powerful than the President with respect to spending of money in the country. If the President have to go to the National Assembly to approve every money spend by him, no other official of government can tell the National Assembly that we have no business to account to you.”