Tag: Power and Housing

  • Court frees director, brother on charges of non-declaration of assets

    •Says Obono-Obla panel can’t prosecute

    A Federal High Court in Abuja has freed the Director of Finance and Accounts in the Federal Ministry of Works, Power and Housing, Ibrahim Tumsah and his brother, Tijani Tumsah.

    They were arraigned for allegedly failing to declare their assets.

    Ibrahim and Tijani (Vice Chairman of the Presidential Initiative on Northeast) were arraigned on a two-count charge marked FHC/ABJ/CR/4/2018, filed last year by the Special Presidential Investigation Panel on the Recovery of Public Property (SPIP), headed by Okoi Obono-Obla.

    The panel had, upon an order of court, seized 86 luxurious vehicles, four houses and a quarry plant in Abuja, which the panel claimed belonged to the two defendants.

    In a ruling yesterday, Justice Inyang Edem Ekwo upheld the defendant’s preliminary objection and said the SPIP lacked the power to file charges against anyone and could also not prosecute anyone for any infraction as it relates to the law that created it.

    The judge said there is nowhere in the SPIP establishment Act, where the panel is given power to engage in prosecution or filing of charges on behalf of the Federal Government (FG), the Federal Republic of Nigeria (FRN) or the Attorney-General of the Federation (AGF) as it has done.

    Justice Ekwo said by the law establishing the SPIP – the Recovery of Public Property Act Cap R 4, LFN 2004 – its powers end after concluding its investigation on any case and submitting its findings to the President of the country.

    Justice Ekwo noted that in Section 4(4) of the law, the panel is only empowered to conduct investigation and submits its reports and conclusions to the President. He added: “The function of the panel terminates at the conclusion of the investigation as provided in Section 4(4) of the Act.”

    The judge noted that the prosecution lawyer, Celcius Ukpong, contradicted himself in his argument when he, on one hand, contended that he did not need the fiat of the AGF, but on the other, said he can file charges on behalf of the AGF and the Federal Government.

    Justice Ekwo, who came down hard on the prosecution lawyer, faulted Ukpong’s description of the defendants as vultures, who he accused of unlawfully acquiring property, breaching code of conduct for public officers and reluctant to submit themselves for trial.

    The judge said Ukpong “has failed in his ethical standard for his use of foul language. I find the language of the prosecution in paragraph four of his written address offending.

    Justice Ekwo said on the whole, he found that the prosecution lawyer has not shown any law that gives the SPIP he represents, the power to file charge either in its name or in the name of the FG, FRN or the AGF.

    He added that it was a criminal endeavour for an agency to file charges or engage in criminal prosecution when it lacked the powers to so act.

    The judge said, by virtue of an earlier judgment of the Court of Appeal in Abuja, to the effect that the SPIP cannot prosecute, his court’s jurisdiction is ousted on the charge against the Tumsah brothers, until the judgement is set aside by a superior court.

    The judge proceeded to dismiss the charge, discharging the two defendants.

  • FEC okays N25.99 billion debt payment to Discos 

    FEC okays N25.99 billion debt payment to Discos 

    The Federal Executive Council (FEC) on Wednesday approved the settlement of N25.99 billion debt owed power Distribution Companies (Discos) by the Federal Government.

    The Minister of Work, Power and Housing, Babatunde Fashola briefed State House correspondences at the end of FEC presided over by President Muhammadu Buhari.

    According to him, the amount, which has been verified was owed by the Federal Government’s Ministries, Departments and Agencies (MDAs).

    He also disclosed that the verification of the amount owed by States and Local governments is still on going.

    Details Later…

  • 2017 budget: Reps blast Fashola for peddling inaccuracies

    2017 budget: Reps blast Fashola for peddling inaccuracies

    The House of Representatives has described the Minister of Works, Power and Housing, Babatunde Fashola’s recent remarks on the 2017 Appropriation Act as an attempt to blackmail the National Assembly.

    The lawmakers, in a statement on Saturday said the Minister’s  remarks amounted to peddling inaccuracies, misleading and calculated mischief aimed at setting the National Assembly on a collision course with the executive.

    House Spokesman, Abdulrazaq Namdas said Fashola’s remarks were meant to paint the National Assembly as an irresponsible institution, one not concerned with the welfare of the people, and set the Executive and Legislature on an unnecessary collision course on matters of power rather than issues that benefit the Nigerian people.

    Saying that the National Assembly has constitutional powers in Section, 4, 59, 80 and 81 to amend the budget estimates submitted by the Executive, Namdas insisted that the National Assembly was not expected to rubber stamp the budget document as presented by the executive as clearly explained by a recent court pronouncement on the powers of appropriation.

    According to him,  the National Assembly has not done anything outside what was prescribed by constitution concerning the budget, adding that the Minister was economical with the truth over allocations to Lagos-Ibadan expressway, second Nige bridge and several projects where monies were moved from and injected in others.

    It reads: “Responding to specific issues raised by Mr Fashola, Namdas explained that the decision to redistribute the projects proposed by the ministry was in order to ensure an even spread of projects across all regions, which the proposal of the executive had failed to do.

    “He added that considering that the funds that were allocated for the 2nd Niger Bridge in 2016 were returned untouched at the end of the year, the National Assembly decided to reduce N5 billion from the 2017 Budget for 2nd Niger Bridge to fund other projects from the South East, leaving N7 billion for the 2nd Niger Bridge.

    “The truth is that in the 2016 Budget, N12 billion was appropriated for the 2nd Niger Bridge and not a kobo was spent by the Ministry. Not a kobo. The money was returned. The Ministry could not provide the Committees of the National Assembly with evidence of an agreement on the Public Private Partnership (PPP) or a contract for the 2nd Niger Bridge.

    “The projects include – N2.5 billion extra for Enugu/Onitsha Road, N1 billion more for 9th Mile/Nsukka/Makurdi Road; additional N500m for Oturkpa- Makurdi to take care of evacuation of agricultural produce up to Maiduguri; N1 billion more for Ikot Ekpene-Aba-Owerri Road etc. These are strategic Roads in the South-East and North Central parts of Nigeria that had inadequate allocations,” he explained.

    “Going further, he added that the National Assembly had to intervene to fund some other critical roads that were totally neglected in the Executive Budget proposal, including the Abuja- Kaduna – Zaria – Kano Road that had Zero allocation from the President’s proposal and no contract, even in spite of due process certification.

    “N5 billion was provided in the 2016 Budget. It was not utilised. In 2017 Budget, the National Assembly again provided N3 billion for this very critical road that connects many states and where incidents of kidnapping are rife because of bad roads, as we believe that all parts of Nigeria deserve attention or would the Minister also claim that this road has no design?” he queried.

    “On the Lagos-Ibadan Expressway, the lawmaker noted that leadership meetings of both the Executive and Legislature were held where it was clarified that alternative funding exists for the road through PPP arrangement and the concessionaires had enough money to fund the project, hence the decision to move some funds to other areas of need.

    “The Minister of Power, Works and Housing is fully aware of this but chose to ignore it. Why spend government money if there is a clear existing funding framework in place and so many ongoing road projects are unfunded?” Namdas asked, adding that the Minister proposed a whopping N17 Billion for only Environmental Impact Assessment (EIA)  for Mambila Power plant which the National Assembly felt was misplaced and patently unjustifiable and out of which the Minister himself even wrote to the National Assembly to move some funds from this sub-heads to others.”

    “He urged the Minister to be mindful of the fact that the Budget of the Ministry of Power, Works and Housing is not his personal budget but that of the Federation.

    “The National Assembly and others are also stakeholders in this country, imbued with patriotism to fix Nigeria’s problems. There are certain matters which the National Assembly Committees discover during oversight activities that are corrected during the budget process.

    “There are so many omissions which the National Assembly makes effort to correct on behalf of Nigerians. Even the Ministries also disown allocations contained in their budgets! Should the National Assembly keep quiet and moot and allow infractions patently exposed in the Executive proposals? We think that the Constitution did not design the National Assembly as a “rubber stamp” as eloquently stated by His Excellency Rt. Hon. Yakubu Dogara, the Speaker, House of Representatives, ” the spokesman declared.

    “Namdas said the legislature also queried an omnibus allocation of N20 Billion in the ministry’s budget whose details were not provided by the Minister and felt it would be irresponsible to appropriate funds that are not tied to specific projects and incurred the wrath of the “almighty Minister.”

    “The legislators further noted that when an increment made in the budget favours the executive, it does not complain, as seen in the MTEF which had a $2 increase per barrel that was not part of the 2017 Appropriation Bill proposed by Mr. President.

    “Addressing claims by Fashola that certain matters are State or even Local Government matters, the lawmakers challenged him to lead efforts to abolish the National Primary Health Care Development Agency, a federal government agency, if he feels it should not be covered by the national budget.

    “As a Senior Lawyer, he should be aware of what is called CONCURENT LIST, and the provisions of S.4(4)(a) and S.4(5) of the Constitution,” the House said, while urging him to familiarise himself with the duties his ministry is saddled with like providing water in Housing Estates so he will not be surprised to see such projects under his Ministry.

    “Namdas also added that it was a clear breach for the executive to make calculated statements to undermine and distort understandings between the National Assembly leadership and the Executive arm on the 2017 Budget which were made in good faith when all arms should be concentrating on how to grow the economy to exit the recession, which  the House of Representatives is committed to doing”.

  • FG gives contractors 14 weeks to complete housing project in Dutse

    Contractors handling Federal Government’s housing estate in Dutse, Jigawa, have been given 14 weeks to complete the project.

    Mr. Chiambe Felix, the Controller, Federal Ministry of Works, Power and Housing, disclosed this in an interview on Thursday in Dutse.

    Felix explained that the Federal Government awarded contracts for the construction of housing estates in the 36 states capitals in 2016, but due to the economic recession, the project could not take off immediately.

    He said that the contractors handling the Dutse project were mobilised to site and were working assiduously to complete the project.

    The controller said that the contractors were expected to construct 48 units of two bedroom semi detached bungalows and 24 units of three bedroom semi detached bungalows within the stipulated period.

    According to him, the project which is a pilot scheme, will be extended to the 774 local government areas of the country.

    He added that architects, structural engineers, civil engineers, town planners, surveyors, and other professionals were on site supervising the project to ensure that the contractors execute the work according to specifications.

    Felix, however, warned that the Federal Government would not accept any job that was of poor quality or failed to meet specifications.