Lawyer sues Bankole over contract inflation
An Abuja-based lawyer and human rights activist, Nkereuwem Udofia Akpan has dragged the Speaker of the House of Representatives,
Dimeji Bankole and his deputy, Usman
Nafada to a Federal High Court in Abuja for allegedly inflating the
cost of 380 units of Peugeot 407, two years ago. Mr Akpan is also
asking that Messrs Bankole and Nafada should be investigated by the
Economic and Financial Crimes Commission (EFCC) and the Independent
Corrupt Practices Commission (ICPC) over the transaction valued at N2.3
billion.
Joined as defendants in the suit no
FHC/ABJ/CS/409/2010, instituted on Monday, are the Office of the
Speaker, Peugeot Automobile of Nigeria Limited, Inspector General of
Police, Attorney General of the Federation, and Federal Inland Revenue
Service.
The suit was instituted barely 24 hours after Mr Bankole claimed there was no underhand deal in the transaction.
The chief press secretary to Mr
Bankole, Idowu Bakare, however told journalists that the Speaker has no
problem whatsoever with Mr Akpan going to court.
“The only concern now is the
orchestrated blackmail targeted at the EFCC by these desperados, but
they will surely fail,” he said. Mr Akpan, in the sworn affidavit,
sought a declaration that the purchase of the cars to the tune
N2,359,486,500 by the House was riddled with corruption and unbridled
gratification and it was done without lawful authority, illegal, void
and fraudulent. He also sought a declaration that the transaction was
not only irresponsible, fraudulent and an abuse of power by Mr Bankole
but that a whopping N421,486,500.00 of tax payers money remains
unaccounted for.
He said that out of the contract sum, a
total of N117,974,325.00 was paid as Value Added Tax (VAT) on the
contract, and that the subsequent direct payment of a further sum of
N117,974,325.00 to FIRS by the House was fraudulent and unlawful.
Mr Akpan, therefore, sought an order of
mandamus directing Mr Bankole and the PAN management to refund
N421,486,500.00 being the difference in value from the said transaction
(with interests at the going market rate) to the coffers of the Federal
Government of Nigeria within 7 days).
He also sought for an order of mandamus
directing the Speaker, his deputy and the FIRS to account for the
N117,974,325 besides refunding the N421,486,500.00 to government’s
coffers.
The lawyer further contended that the
refusal or reluctance by the EFCC and the attorney general to prosecute
Mressrs Bankole and Nafada “for this fraudulent, sordid and
unprecedented abuse of power is unlawful.” According to him, there is
nothing in the EFCC Act, 2004 that requires the Commission to submit
investigation activities to the Presidency for “approval” as its
chairman, Farida Waziri recently claimed.
He also claimed that there is nothing
in the 1999 Constitution, the House of Representatives Rules and/or any
other law, for the time being, in force empowering the Mr Bankole as a
person, the Speaker and his deputy “to embark on this sordid and
fraudulent abuse of office, power and privilege.” He, therefore, sought
an order of mandamus directing the EFCC to, without delay, commence
legal proceedings based on its investigation report on the N2.3 billion
car scam.
Call for joint investigation
The legal practitioner also asked that
the Inspector General of Police, ICPC and the EFCC to jointly
investigate and possibly prosecute the Speaker, his deputy and the PAN
over the transaction.
Mr Akpan also demanded an apology, in a
form acceptable to him, to be published in 10 national newspapers by
Messrs Bankole and Nafada “for this massive and gross breach of duty,
fraud and abuse of power.” He claimed that, at the risk of sounding
immodest, he has been a patriotic and vociferous commentator on public
issues and a critic of national acclaim on matters affecting the peace,
order and good government of the country.
According to him, the disturbing media
reports on the vehicle transaction in the House galvanised him to
undertake some investigation and gathering of facts and documents.
The suit was instituted the same day Mr
Bankole denied any wrong doing in the N2.3 billion car deal. The
Speaker, who was on his way to Russia had told reporters that he
couldn’t have been involved in the scam having been aware that his
predecessor, Patricia Etteh was removed for allegedly inflating the
contract sum to renovate the official residence of the Speaker and her
deputy.
Mr Bankole also said he was not
bothered about the seven days ultimatum given to him by 10 members of
the House to resign from office or be disgraced out of office. He
challenged the lawmakers, who called themselves “progressive members”
to make public the documents they claimed to have relating to his
(Speakers) involvement in shady deals, including the car scandal.
Mr Akpan is the second lawyer to take
action over the N2.3 billion car transaction. On October 19, 2008,
Lagos lawyer, Festus Keyamo also wrote Mr Bankole asking him to explain
within 72 hours the alleged inflation in the cost of the 308 vehicles
to N539,46 million, out of which N117.97 million accounted for the
Value Added Tax (VAT). Mr Keyamo subsequently appeared before the
Ethics and Privileges Committee of the House, which probed the
allegation. The committee, in its report absolved the Speaker and the
House leadership of any blame.
Meanwhile, leader of the progressive members, Dino Melaye said the
group of 10 lawmakers will today address journalists on their quest to
have Mr Bankole resign from office. He refused to speak further on what
the group will do since the Speaker refused to quit, saying “wait till
tomorrow”
: Is the House of Reps above the law? Why are they not subjected to the basic Procurement mechanics and due process in the award of contract ? Why is the House so insensitive to public opinion on these issues? What moral rights have the House to point accusing fingers at other government agencies and parastatals who skip due process and international best practices with respect to procurement. Why all these arrogance? Bravo Chief Nkereuwem Akpan you are the next Gani Fawehinmi. May God bless and protect you.