Amid the ongoing legal tussle to reverse the $9.6 billion judgment debt against Nigeria in the case with an Irish-registered firm, Process and Industrial Development Limited, over a failed gas contract, an Abuja-based lawyer, Kayode Ajulo has invoked the provisions of the Freedom of Information Act, requesting for copies of the Memorandums of Understanding (MoU) entered into by the Ministry of Petroleum Resources with P&ID between July 2009 and March 2010.
Ajulo, in a letter addressed to the Minister of State, Petroleum Resources, Mr. Timipre Silva, and copied President Muhammadu Buhari, the Minister of Justice and Attorney General of the Federation (AGF), Mr. Abubakar Malami (SAN), and the Group Managing Director, Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kolo Kyari, alleged that due process of law was not followed in signing the MoU.
"We hereby request for copies of MoU entered into by the Ministry of Petroleum Resources between June 2007 – March 2010 within 7 days of the receipt of this letter pursuant to section 4 of the Freedom of Information Act, 2011," the letter read.
The lawyer, who noted that the MoU dated July 22, 2009, for the processing of natural gas in Nigeria, expressed concern that it was a period when late President Umaru Musa Yar’adua was in a life-threatening health condition in Saudi Arabia, raising suspicion that due process was not followed before signing it, thereby making it a hoax.
According to the letter, a copy of which was made available to journalists, "facts gathered showed that due process of law was not followed before signing the Memorandum of Understanding which made it a hoax and façade in the first place.
"The Public Procurement Act, 2007 expressly provides that all public procurement shall be conducted based only on procurement plans supported by prior-budgetary appropriations. No procurement proceedings shall be formalised until the procuring entity has ensured that funds are available to meet the obligations and subject to the threshold in the regulations made by the Bureau, has obtained a 'Certificate of 'No Objection' to Contract Award" from the Bureau."
Referring to Section 16 of the Act, he alleged that "the most fraudulent aspect of the ‘illegal’ Memorandum of Understanding between the Ministry of Petroleum Resources and P&ID is the humongous arbitral award to the latter which in our belief is a sham and an attempt at economic sabotage."
Noting that his law firm was acting against the background of the imperative to salvage the Nigerian economy in the light of the recent decision of the UK Court which awarded a whopping $9.3 billion against the country, Ajulo said he was reliably informed in confidence that several other MoUs were signed by the then Minister of Petroleum Resources, Dr. Rilwanu Lukman during late Yar’Adua’s tenure.
He, therefore, urged Malami to use his good offices and ensure that the MoUs are properly reviewed in order to salvage the nation’s economy from any attendant economic crisis that may arise from such agreements.
No comments:
Post a Comment