Lagos
lawyer, Mr. Femi Falana (SAN), has given the Economic and Financial Crimes
Commission 13 grounds to prosecute the Minister of Aviation, Ms Stella Oduah,
and “her agents” for gross misconduct in the purchase of two armoured cars at
N255m.
In a
November 2, 2013, letter to the EFCC chairman, Mr. Ibrahim Lamorde, Falana also
gave the commission up till November 8 to make available to him the
investigation report on the matter.
Relying on
the Court of Appeal’s decision in the case of Dogogo v EFCC (2013), the lawyer
threatened to sue the EFCC if it failed to carry out its “statutory duty”.
He accused
the House of Representatives committee before whom Oduah appeared on October
31, of deliberately not asking her the relevant questions on the “criminal
enterprise”.
But he
said facts and circumstances of the “illegal transaction” had established,
among others, that “there was no appropriation for the sum of N255m for the
acquisition of armoured cars in the Appropriation Act, 2013.”
He also
said the minister “exceeded her approval limit as only the Federal Executive
Council can approve any transaction of N100m and above; and the transaction did
not comply with any of the provisions of the Public Procurement Act.”
Other
grounds canvassed by Falana include, “The prices of the two cars were inflated
by the auto company in connivance with the aviation minister and the management
of the NCAA.
“The loan
of N643 million sourced from the First Bank Plc for the purchase of operational
vehicles for the NCAA was not approved by the National Assembly.
“The
repayment of the loan in 36 months by the NCAA is tantamount to contract
splitting in contravention of the Financial Guidelines of the Federal
Government.
“That the
Aviation Minister admitted her involvement in the extra budgetary purchase of
the cars when she gave illegal approval before directing the NCAA officials to
“do the needful”!
“The Media
Assistant to the Aviation Minister who claimed that the armoured cars were
purchased for the “safety” of his boss has not denied the official statement.
“The
Ministry of Aviation conspired with the auto company to evade the payment of
appropriate duties on the armoured cars to the coffers of the Federal Governmen
as they obtained duty waiver by false pretences from the Federal Ministry of
Finance.
“The First
Bank Plc entered into an illegal loan agreement with the NCAA to finance
the illegal transaction from the internally generated revenue of the NCAA.
Under the law loans can only be approved by the legislative arm of government
fo fund capital projects and not for the purchase of cars.
He
therefore asked the anti-graft agency to hasten to try the minister and her
agents “for gross economic and financial crimes as they wilfully violated the
relevant provisions of the Constitution, the Public Procurement Act as well as
the relevant Circulars and Financial Guidelines of the Federal Government.”
He threatened to apply for an order of mandamus to compel EFCC
“to carry out your statutory duty” if it failed to acceded to his request.
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