Monday, 4 November 2013

Falana Gives EFCC 13 Grounds To Start Stella's Prosecution

Nigeria's most consistent human

right activist alive, Mr Femi

Falana (SAN), has given the

EFCC 13 grounds to prosecute

the Minister of Aviation, Stella

Oduah, and “her agents” for

gross misconduct in the

purchase of two armoured cars

at a "staggering" N255m.

In a letter dated November 2,

2013, to EFCC chairman, Ibrahim

Lamorde, Falana gave the

commission up till November 8

to make available the

investigation report on the

matter.

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.”

elying 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 Reps

committee before whom Oduah

appeared on October 31, of

deliberately not asking her the

relevant questions on the

“criminal enterprise”.

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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Falana Gives EFCC 13 Grounds To Start Stella's Prosecution

Nigeria's most consistent human

right activist alive, Mr Femi

Falana (SAN), has given the

EFCC 13 grounds to prosecute

the Minister of Aviation, Stella

Oduah, and “her agents” for

gross misconduct in the

purchase of two armoured cars

at a "staggering" N255m.

In a letter dated November 2,

2013, to EFCC chairman, Ibrahim

Lamorde, Falana gave the

commission up till November 8

to make available the

investigation report on the

matter.

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.”

elying 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 Reps

committee before whom Oduah

appeared on October 31, of

deliberately not asking her the

relevant questions on the

“criminal enterprise”.

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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