Reps panel grills BPE chief on alleged N27bn fraud

The chairman of the House of Representatives ad-hoc committee on Insurance, Mr. Adekunle Abdulkabir Akinlade, has justified its resolve to review the transactions between ministries, departments and agencies (MDAs) of government and insurance firms saying it was borne out of the need to ensure a level playing field in the sector.

Speaking after members of the committee grilled the Acting Director-General (DG) of the Bureau of Public Enterprise (BPE), Dr. Vincent Akpotaire, at the National Assembly complex Abuja, he maintained that there was more to the leverage enjoyed by a few insurance firms in their dealings with the MDAs than met the eye.

Abdulkabir whose committee is probing allegations of wrongdoings between MDA’s and insurance firms from 2013 to 2015, made reference to the resolve by the BPE to retain the patronage of Hogg Robinson Nigeria Limited since 2009 contrary to the provision of the public procurement Act (PPA) 2007.

The committee observed that BPE had been patronizing the aforementioned insurance firm since year 2000 without placing advertisment calling for bids as prescribed by the PPA.

Efforts by Akpotaire who assumed the helm of affairs of the BPE in February this year to clarify the issue was rejected by members of the committee who also questioned the BPE for paying the sum of N5.7 million to Heirs Insurance Brokers for motor cover within the period under review.

Akpotaire denied knowledge of the alleged EFCC investigation of an alleged N27 billion insurance-related fraud under his predecessor.

When asked by Akinlade if he was aware of the said investigation by the anti-graft agency relating to the bureau, he vehemently denied any knowledge in his official capacity even when he was reminded that he was under oath which will amount to perjury should his claim be proved to be false.

He joined the BPE as an Assistant Director in the Post-Privatization Monitoring (PPM) Department in 2007 and between 2008 and 2010, moved up to become the Deputy Director and Head of Council Secretariat, a unit responsible for all the National Council on Privatisation (NCP) secretarial activities.

In February 2010, he was appointed a director in charge of National Facilities and Agricultural Resources, a position he held until his new appointment as Acting DG.

Under further questioning, he disclosed that the last time the bureau advertised any insurance procurement was in 2009 which the committee cited as a breach of the extant provisions of the Public Procurement Act of 2007.

The DG could not give any answer to other infractions identified by the committee. At one point, the DG had to apologize for omissions and misrepresentation of facts as contained in documents before the ad-hoc committee.

Akinlade further advised the DG to “step down” and cause reappearance on Monday November 21, 2016 with the relevant information relating to insurance covers procured within the years under review, 2013, 2014 and 2015.

The Commissioner for Insurance (NAICOM) was also in attendance.

Akinlade also insisted that the comptroller General of the Nigeria Customs service (NCS), Col Hammeed Ibrahim Ali (rtd), to explain whether it allegedly paid N250 million to Fortis Insurance Brokers Limited or not.

He is also to clear the air over the committal of 57 other noticeable infractions relating to over-invoicing, and payment of hundreds of millions of naira to non-existent insurance firms during the period under review.

The managing director and chief executive officer of Fortis, Chief Lawrence Dafiode, had in a letter dated 1st November 2016, to the committee denied ever collecting such sum of monies from NCS.

Akinlade issued the directive after the Custom Assistant comptroller General (ACG), (Head Resource Development), Mr Austin Warikoru, who, alongside other officials of NCS appeared before the lawmakers pleaded for another date since his boss was attending an African customs summit in Zimbabwe which will on Friday, this week.

Also, the House Committee on Public Accounts yesterday commenced investigations into alleged theft of one 45KVA generator belonging to Federal Ministry of Women Affairs and Social Development.

According to Office of Auditor General of the Federation (OAGF), it was allegedly stolen in the ministry’s office in Calabar, Cross River State, shortly after it was procured for the office in 2011.

Dissatisfied with the explanations of the ministry on how it disappeared and the police report that originated from the incident, the OAGF petitioned the lower legislative chamber on the matter.

The office also in its annual report for the year ended 2011 petitioned the lawmakers over a payment voucher of N576, 400.00 allegedly raised by the ministry for Duty Tour Allowance (DTA) of four of its staff members to ascertain the alleged theft in Calabar.

According to the auditor-general, the staff did not embark on the trip, although they are said to have refunded the money in unclear circumstances.

The AGF wondered why the refund would be a day after the attention of the affected staff was drawn to their failure to go on the journey.

The claim for the refund, it said, has not been substantiated.

The AGF also alleged that upon its visit to the ministry for audit, the latter could not also explain the whereabouts of 21 vehicles it procured within the year for its activities in some states. He lamented that rather than distributing them among them, the records in the ministry show that the ambulance vehicles were received by politicians and corporate bodies in the targeted states.

In her defence, the permanent secretary in the ministry, Mrs. Obiageli Phyllis Nwokedi, pleaded for another opportunity to enable her prepare her responses thoroughly.

She hinged the plea on her newness in the ministry, saying that she is only a year old in her current posting.

Before the committee granted her request, Nwokedi had earlier attempted to respond to all the queries, stating that the three transactions were duly carried out, without any iota of doubt.

The submissions of the ministry’s director of finance and accounts, who avoided being named, however, angered the committee, which accused him of attempting to conceal vital information and requested that he forwards his detailed academic qualifications and work experiences to the panel for assessment within one week.

The committee is also asking the ministry to turn up next week with more details on its defence concerning the three allegations, warning that failure to do so as required would lead to stringent sanctions.

Jonathan Approved N1.45b Legal Fee, BPE Tells EFCC

Detectives probing the alleged N1.45 billion legal and consultancy fees scandal at the Bureau of Public Enterprises (BPE) have got some key documents which will help them get to the root of the matter, The Nation learnt yesterday.

The BPE is insisting that the legal contract was valid because ex-President Goodluck Jonathan approved it, based on a memo from ex-Vice President Namadi Sambo, who was the chairman of the National Council on Privatisation (NCP).

It also said Sections II (J) and 55 of the Public Enterprises (Privatisation and Commercialisation) Act Cap. P.38, LFN 2004 exempt the National Council on Privatisation (NCP) from complying with the
processes of the Bureau of Public Procurement (BPP).

In a June 27 letter to the Economic and Financial Crimes Commission (EFCC), the BPP requested the anti-graft agency to investigate the payment scandal.

One of the lawyers of the Peoples Democratic Party (PDP) was paid N950 million for the liquidation of the Power Holding Company when the company had ceased to exist and N500 million was paid as consultancy fees to the Office of the Accountant-General of the Federation.

The fees were paid contrary to the advice of the immediate past Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN) and the BPP.

Based on the BPP alarm, the EFCC has since started probing the payment.

But, in a fresh twist, the BPE insisted that the contract was legal and approved by ex-President Jonathan.

Armed with a heap of documents sent to EFCC, the agency said its supervising organ (the National Council on Privatisation) does not need any approval of its disposal procurement from BPP.

One of the documents, exclusively obtained by our correspondent, reads in part: “The Bureau of Public Procurement reviewed the procurement process and issued Certificates of ‘No Objection’ dated February 26, 2013 (attached as Annex U4) to the BPE to appoint Messrs J.K. Gadzama & Partners as the Consultant, Legal Advisory Services for the winding up of PHCN in the sum of N929, 613,188.94 inclusive of 5 per cent VAT. A letter of award /engagement was issued to J.K. Gadzama &Partners on 6th March, 2013.

“The National Council on Privatisation at its 3rd meeting for 2013 held on Thursday, May 9, 2013 approved the engagement of Messrs. J.K. Gadzama & Partners as the Consultant, Legal Advisory Services for the winding up of PHCN in the sum of N929,613,188.94. Excerpts of NCP minutes attached.

“Thereafter, copies of the draft contract agreements were forwarded to the Vice President and Chairman, NCP (for approval), who subsequently directed that the draft contract agreements be forwarded to the Honourable Attorney-General of the Federation (AGF) for review before execution.

“By a memo referenced SH/VP/BPE/C2/XVII, dated August 30, 2013, a copy of a memo from the AGF to the Vice President and Chairman of NCP dated August 27, 2013 was forwarded to the BPE by the Office of the Vice President and Chairman of NCP for necessary action.

“In the said memo, the AGF raised objection to the appointment of J.K. Gadzama as Liquidator of PHCN Plc, stating that such is within the purview of PHCN Board of Directors only.

“Following the intervention of the Chairman of the Board of NELMCO, the AGF in his letter to the DG of BPP dated 11th, September 2014 (which was copied to the DG BPE) withdrew his earlier query on the ‘No Objection’ earlier granted by BPP to procure J.K. Gadzama and Partners for legal advisory services for the winding up of PHCN Plc.

“BPE, in reliance on the letter above referred requested BPP to revalidate its earlier “No Objection” granted. The BPP declined to withdraw its “No Objection” without adducing any reason for doing so.”

The BPE said it reported the stalemate to the National Council of Privatisation (NCP) at its meeting on April 16, 2015.

It added: “The NCP noted that since the AGF had withdrawn his query on the procurement and there was no other tenable reason to withhold it, approved that BPE should immediately proceed to execute the contract with Messrs. J.K. Gadzama & Partners as the consultant, legal advisory services for the winding up of PHCN in the sum of N929,613,188.94 based on the ‘No Objection’ earlier granted by BPP.”

The BPE also gave the details of how ex-President Jonathan approved the contract during the transition period.

The agency said: “In a briefing memo to His Excellency, the former President on the decisions of NCP, the former Vice President and Chairman of NCP, among other things, highlighted its approval directing BPE to immediately execute contract with J.K. Gadzama for the winding up of PHCN Plc in the sum of N929,613,188.94 based on the ‘No Objection’ earlier granted by BPP since all contested issues had been resolved.

“The former President noted the said decision without any objection(memo attached as Annex U9). It is based on the two approvals of the NCP and Mr. President that BPE executed the contract with J.K.Gadzama & Partners who have since commenced execution of the contract.”

The BPE said it does not need any approval from the BPP to execute any procurement dealing with disposal of public property once it is carrying out NCP directive.

It said the Public Enterprises (Privatisation and Commercialisation) Act Cap. P.38, LFN 2004 empowers NCP to appoint and determine advisers and their remuneration.

Section II (J) of the Public Enterprises (Privatisation and Commercialisation) Act Cap. P.38, LFN 2004 empowers the NCP to approve the appointment of Advisers and their remuneration. The BPP had earlier claimed that the AGF did not at any time withdraw his ‘No Objection’.

The Director-General, Mr. Emeka M. Ezeh, said in a letter that no instruction was received from the AGF nullifying the earlier directive.

The letter said: “The Bureau of Public Procurement (BPP), having examined the request wishes to draw the attention of the BPE to Paragraph 14 of the Honourable Attorney-General of the Federation (HAGF)’s letter to the BPP referenced that; “item 1,3,5,6 and 8 of the scope of work for the Legal Advisor unnecessary for the liquidation of the PHCN.

“Similarly, any of the remaining items 2,4,7 and 9, which is not contemplated by the procedure described in Sections 457 -468 (and there is hardly any contemplated) would equally be unnecessary to accomplish the liquidation”.

“ It can be deduced from the above citation that the HAGF’s position on this procurement clearly indicates that Legal Advisory Service is not needed as all constituent items (1-9) under unnecessary as listed by the HAGF constitute all items under the Legal Advisory Service, as such; no item is left for BPP’s consideration for a further review

Source: The Nation