NDDC probe: ‘It’s okay, it’s okay’ but not okay by Abubakar Alkali

The Hon minister of Niger Delta affairs, Godswill Akpabio has spilled more beans on the grand corruption at the Niger Delta development commission (NDDC). 


In the spirit of ‘I will not go down alone’ the former governor of Akwa Ibom state has named members of the National Assembly allegedly involved in the fraud. In the startling revelations by Mr Akpabio, the chairman of the senate committee on Niger Delta is alleged to have been awarded 53 phoney NDDC contracts from 2017 to date running into billions of Naira. Whether these contracts were actually executed and/or payment received without execution remains to be confirmed by the forensic audit of the NDDC. 


The House of Representatives was also not left out as the chairman of the house committee on the NDDC was accused of inserting 19 suspicious contracts worth N9 billion through deliberate padding of the 2019 budget. The list goes on and on. 
Curiously, most of the alleged phantom contracts were described as ‘EMERGENCY’ in the list. For example, some of the contracts linked to the chairman, senate committee on the Niger Delta are:1. ‘EMERGENCY’ repairs of Asu Street, Owa phase 2.2. ‘EMERGENCY’ repairs of Idumuogbe Road via Ojemaye, 3. ‘EMERGENCY’ repair of old Sapele road. 
In the NDDC contracts for members of the National Assembly, everything is EMERGENCY. This is done to further convince the unsuspecting into believing that the contract is ‘urgent and critical. 


These latest revelations heightened fears of a possible cover – up in favour of the National Assembly members involved in the scandal by the house committee probing the fraud in NDDC. It is critical to state that all those found wanting must face the full wrath of the law in the spirit of justice and the anti-corruption fight of President Muhammadu Buhari. It is doubtful if most of these contracts were ever executed as payments could have been made. 


Members of the National Assembly do not enjoy constitutional immunity from prosecution. Section 308 of the 1999 constitution (as altered) guarantees immunity to ONLY the President, Vice-President, Governors and Deputy Governors. 
Senators and ministers do not enjoy immunity from investigation and/or prosecution.


The possibilities of a cover – up in the run-up to and final report of the NDDC probe are more so when juxtaposed with the ‘gagging’ of Mr Akpabio by the chairman of the NDDC probe panel, Hon Ereyitomi Thomas (PDP, Warri North, Warri South, Warri – South West) at the hearing last week. This ‘gagging’ although overtaken by current updates and revelations by Mr Akpabio, can as well serve as a reference point on the possibility of a cover – up. Chairman Ereyitomi who took over from Hon Tunji-Ojo is a very smart guy indeed. Recall that Hon Tunji-Ojo had to recuse himself from the committee over allegations of grand corruption. 


The Hon. member Ereyitomi knows exactly what he was doing when he gagged the minister for Niger Delta affairs, Godswill Akpabio from spilling more beans at the resumed hearing of the committee probing the monumental corruption at the NDDC last week. Clearly, Mr Akpabio was not ready to go down alone when he alleged that a substantial part of NDDC contracts were awarded to members of the National Assembly. Nonetheless, Mr Akpabio has gone ahead to spill further beans by the latest updated revelations where he named names. 
During the hearing last week, Hon Ereyitomi Thomas was quick ‘on the go’ as he jumped in defence of his ‘colleagues’. He didn’t allow Mr Akpabio to expose more of the scandal as he thought he had a duty to protect members of the National Assembly from being ‘roped’ into the NDDC scandal. Clearly, Mr Akpabio was about to score a match-point when he told the committee that senators and members of the House of Representatives are the biggest beneficiaries of the NDDC contracts. Hon Ereyitomi interrupted and stopped Mr Akpabio from making further revelations. ‘Hon minister ‘It’s okay’ ‘It’s okay’. 


This is all in Hon Ereyitomi’s attempt to deceive Nigerians and sweep the involvement of the federal legislators in the NDDC scam under the carpet. But Hon Ereyitomi is a bit late as Mr Akpabio has already made the key point to the hearing of the good people of Nigeria that some members of the National Assembly are neck-deep in what is now referred to as the ‘NDDC pot of corruption’ and has followed up with a list of the contracts against those involved. 


By his ‘it’s okay’ ‘it’s Okay’ outburst, Hon Ereyitomi is in essence perverting the course of justice and simply saying that in his method of investigation, he picks and chooses what he wants to hear. He pushed aside the global doctrine which says ‘in an investigation, no information is too small. You must hear all sides fully to arrive at an unbiased conclusion. Indeed, the ‘it’s okay’ it’s okay’ flare-up has effectively disqualified Hon Ereyitomi from presiding over the NDDC probe because he has taken sides with his colleagues just as it clearly depicts a conflict of interest and showed that he is ready to cover-up in support of members of the National Assembly. If chairman Ereyitomi will resist and not allow Mr Akpabio to expose members of the National Assembly in the public with the whole world watching, on what basis would anyone have any confidence that Hon Ereyitomi will be fair while writing his final report within the four corners of a room? There will certainly be underground moves to cover up and doctor the report of the probe into the NDDC corruption spree. As a matter of fact, by Hon Ereyitomi’s ‘it’s okay’ ‘it’s okay’ rage, it can be effectively concluded that the report from the House of Representatives will exclude the roles played by members of the National Assembly in the NDDC corruption saga. 


Of course sections 88 (1) (a)(b) and (2) (a) (b) have effectively conferred powers to the National Assembly to expose corruption through probes amongst other measures. However, these powers come with a responsibility. The National Assembly cannot cover their own roles in the ongoing NDDC corruption probe. That will be unconstitutional and a disservice to the constituents they represent at the hallowed chamber and the nation. 


Another factor that sways opinion on the likelihood of a cover – up of the committee’s report is the ‘order’ given by the house speaker, Hon Femi Gbajabiamila that the acting Chairman of the interim Management Committee (IMC) of the NDDC, Professor Kemebradikumo Pondei is exempted from further appearance at the hearing. This stems from the fake fainting drama staged by the ‘fainting Prof’ Pondei ostensibly meant to deceive the committee that he has health issues which could hinder his appearance at the hearing. Speaker Gbajabiamila has now effectively taken the seat of a medical doctor and exempted Prof Pondei from further appearance at the hearing. Obviously, it is only a medical doctor that can decide whether or not the ‘fainting Prof’ Pondei is indeed sick as he claimed and unfit to appear at the hearing. 


Does this mean that if another NDDC top shot stages another fainting drama at the hearing, he/she will also be exempted from further appearance? In this light, there may not be any NDDC official to attend the hearing as everyone will go for the fainting drama as an escape route 
Although Mr Akpabio’s revelations are positive in the ongoing probe, it is also a very smart method in the doctrine of ‘buck passing’ to secure a soft landing for himself. The Hon minister of Niger Delta affairs knows exactly what to do when he found himself at the thick and thin of the ground-breaking allegations of grand corruption at the Niger Delta development commission (NDDC). Hon minister Akpabio didn’t ‘faint’ as Professor Pondei or Dino Melaye or Ayo Fayose chose to in order to buy sympathy and frustrate an ongoing investigation. Mr Akpabio was courageous despite allegations of sexual harassment as he chose the buck-passing method which is another one that has proved to be effective in swaying public opinion. Mr Akpabio chose to ‘PASS THE BUCK’ to the National Assembly which rightly or wrongly has divided or even shifted public attention and opinion away from him at least to some extent. 


Through the buck-passing method, Mr Akpabio has now been able to get a reprieve for himself having been accused of being the mastermind and hub of the NDDC scandal. Unfortunately in such cases of advance corruption as NDDC’s, the linkages are too many. If you accuse Mr A, he will tell you that it wasn’t him alone and that Mr B is also involved. When you look to Mr B, he will point at Mr C who will point at Mr D and so forth. Actually, the link will be so long that you risk going to Z and back to A to restart at Mr AB and continue. 


LIKELIHOOD OF CONFLICT BETWEEN HoR PROBE AND FORENSIC AUDIT OF THE NDDC.

The attitude of the house committee in the NDDC mega probe has raised questions as to the likelihood of conflict between the probe and the forensic audit of NDDC accounts. Some of these questions are:1. Which of the reports -the house or the forensic audit -is the executive arm of government going to use to wield the big stick? 2. In the likelihood of a cover up by the house committee to support their colleagues -members of the National Assembly- in the report on one hand and the forensic audit indicting the members of the National Assembly on the other, which of them will take precedence?


The answers to these questions are key to the government’s successful handling of the NDDC mega corruption. Certainly, there is the need to put appropriate measures in place to avoid conflict of interest in the NDDC corruption debacle. As a matter of fact, the NDDC theatre of corruption is arguably the biggest corruption scandal in Nigeria since independence with over N7 trillion lost in the last 20 years. This huge amount is alleged to have ended in private pockets with no developmental projects for the region. On top of this mega corruption, the NDDC is said to be owing contractors over N3 trillion and have presented these contractors with ‘certificates of debt’It is no longer news that the annual budget of the NDDC is more than the budgets of at least three states put together. 


THE NEED FOR AN INDEPENDENT PANEL OF INQUIRY Albeit both the forensic audit and probe by the house committee are currently ongoing, it is necessary to also look at the option of setting up an independent investigative panel under the auspices of the Presidential action committee against corruption (PACAC) headed by the respected anti-corruption czar Professor Itse Sagay. This option is in line with the current corruption trial of the chairman, economic and financial crimes commission (EFCC) by an independent panel headed by the respected Justice Ayo Salami. An independent panel would no doubt conduct a neutral unbiased investigation in the NDDC corruption trial. The NDDC corruption trial is a watershed in the annals of Nigeria’s history as a nation. There has never been a time in this country when senseless, incomprehensible and indescribable corruption has taken place in a government agency as the NDDC. 


Indeed the NDDC has redefined the meaning of corruption. 
The best option is to close down this embarrassment called NDDC and channel funds towards creating jobs for the youths in the Niger Delta region.Unarguably, the response of the President Buhari administration to the NDDC corruption trial will go a long way to prove to any doubting Thomas about its sincerity in the fight against corruption.

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