Actions by the Attorney-General of the Federation (AGF), Mr. Abubakar Malami, on claims by consultants that the 36 state governments owe them $418 million have continued to reverberate in the public space in the past few weeks. While the AGF insists that the states owe the consultants so much for efforts to assist them in recovering refund due them from the Paris Club loan, the states, represented by the Ekiti State Governor Kayode Fayemi who is chairman of the Nigerian Governors Forum (NGF) maintains that the chief law officer of the federation has abdicated his responsibility to the public by teaming up with the claimants.
This is a grave allegation by the governors. The AGF had contended last week in press statements and interview with journalists that the governors have no legal ground to back out of a binding agreement entered into with the consultants, which is an indication that such services were truly rendered. He also pointed out that the states had started paying the said claim and should abide by the pact entered into with the six consultants, with the Federal Government attending the meetings. More importantly, Mr. Malami who is a Senior Advocate of Nigeria and Nigeria’s Minister of Justice said he had received an order of mandamus from the court compelling the Federal Government to commence monthly deduction of the said amount over the next 10 years.
These are weighty issues that cannot be swept under the carpet. How could an attorney-general appointed to see that justice prevails nationwide be accused of working against public interest? President Muhammadu Buhari rode into power on the crest of overwhelming public support based on a promise to promote the welfare of ordinary Nigerians. On about three occasions, the Federal Government had to intervene in straightening finances of the federating units. To accuse the same government of abdicating such responsibility by excitedly farming out such money to private individuals is something the President should be personally interested in investigating, especially as Dr. Fayemi said they had taken the matter to him a couple of times.
The issues are quite many. How much is really involved? As the governors have claimed that the document produced by the consultants as court judgment has no sum specified. Then, who contracted the consultants on behalf of the 36 states and the Association of Local Governments of Nigeria (ALGON)? At this point, all documents and those involved should be unveiled in the public interest. More than a sleight of hand is needed in awarding N169 billion to some consultants. How were they chosen, if indeed they were contracted, when and where?
The contention that the governors have started paying is not enough indication that the liability is admitted. It is also not acceptable to suggest that, having allegedly signed an agreement for payment about one decade earlier, a new set of governors being called upon to make payment have no right to scrutinise the said judgment. It is surprising that Mr. Malami could suggest that such humongous amount should be paid to the consultants without due interrogation of all the issues involved.
The contention that only a minority faction of the governors forum got involved in the contentious negotiations has introduced a fresh dimension. At the time in 2013, the official chairman of the NGF was Mr. Rotimi Amaechi, then governor of Rivers State and now Minister of Transportation. But, a minority had rallied behind Mr. Jonah Jang as chairman. Anything done or purported to have been done by the then governor of Plateau State is at least questionable and further action on such agreement should await judgment by the Court of Appeal before execution could be levied.
Who are these consultants and what technical competence do they possess? The better known of them, Mr. Ned Nwoko, Dr. George Uboh of Panic Alert System and Mr. Orji Nwafor-Orizu are not known to possess extraordinary experience in forensic audit to have been contracted for such assignment. Were they scrutinised to ascertain their requisite experience in undertaking such assignments? Why were private consultants contracted to perform functions that the ministries of justice and offices of the accountants-general of the states are statutorily equipped to perform? If they could not go into determining how much was over-deducted from their states in the circumstances, what do they exist for? As Governor Fayemi pointed out, Mr. Malami is Attorney-General of the Federation, and as such should have watched out for the interest of the people in all the states. Even if the consultants came calling, the AGF ought to have invited his brother attorneys-general from the states to determine what could be done to avert what would appear a catastrophe. The strident defence he has continued to put up for the consultants conflicts with the known responsibility of whoever occupies such a high position.
It is even more curious that this is coming at a time when all things appear to have gone comatose in the public sector. State governments are finding it increasingly difficult to pay salaries and pensions, let alone improve health and education facilities, improve on road infrastructure and generally attend to welfare needs of the most vulnerable in the society. That the AGF ordered the Debt Management Office to issue promissory notes against states’ allocations from the Federation Account is thus most insensitive. There is a lot he could have done. He ought to have summoned the consultants to a meeting where the puzzle surrounding the said debt could have been resolved. How was the deduction arrived at? Were the local governments, known to be the weakest tier of government in the country and said to owe a chunk of the money consulted? Did ALGON have the capacity to fully appreciate what it was going into at the time it purportedly signed the said agreement?
In all this, the AGF has been suggesting that he is acting strictly in accordance with the law; that his hands are tied. But, need anyone point out to the lawyer that there is a pending case by the governors before the Court of Appeal? Isn’t this sufficient for the AGF to weigh in on the side of caution until the legal conundrum is solved?
President Buhari as the Chief Executive Officer of the Federation should immediately step in and invite the parties again to review the issues. It should not be so difficult since the AGF is his appointee, and another appointee of his, Mr. Amaechi, has been mentioned as having full knowledge of what transpired. Fortuitously, too, Dr. Fayemi was his minister before he got reelected governor of Ekiti State and consequently chairman of the NGF. Where public finance is involved, due diligence must be fully applied. A forensic audit to verify all claims should be immediately ordered, especially with claims that a particular consultant got paid seven million dollars to review a judgment. Is this a standard practice?
The matter has lingered enough. There have been allegations flying about the roles played by public officials since the Obasanjo administration. It is time to lay it all to rest expeditiously. Further delay is in no one’s interest.
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