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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