ABUJA — GOVERNOR Diepreye Alamieyeseigha of Bayelsa State allegedly approved and paid a total N1.7 billion to seven fictitious companies as contract sum, the Independent and Corrupt Practices Commission, last Friday, told a Federal High Court sitting in Abuja.
The court also heard that the state Tenders Board issued contracts to fake companies to the tune of N667, 258, 865.00 .
The Bayelsa Governor who was yet to respond to the allegation, however, secured a legal victory on Friday in respect of the matter as he was given a go-ahead by the court to apply for an order of mandamus compelling ICPC to hand over to him, a report of its investigation which allegedly indicted him.
The Independent Corrupt Practices and other related Offences Commission (ICPC), had, about two years ago, commenced investigations into allegation of corruption, mismanagement and abuse of office against the governor and some Bayelsa State government officials upon a petition forwarded to it.
The investigations were into various matters including the contract award system, financial practices, procedures and system of government of Bayelsa State. The commission which invited a number of government officials during investigation indicted the governor and some of the government officials but did not make available its report to the state government despite its request for it.
Instead, the commission sent the report to the Chairman of the National Judicial Council (NJC), Justice Muhammadu Lawal Uwais, with a petition requesting that an independent panel be convoked to investigate Governor Alamieyeseigha of corruption. The refusal of ICPC to make available a copy of the indicting report made Bayelsa State government approach a federal high court sitting in Abuja with a view to compelling it to release the report.
After arguments were canvassed on behalf of Bayelsa State Government, the presiding judge, Justice Stephen Adah, last Friday, granted leave to the state to compel ICPC to hand over a copy of its report to the state government. The commission’s report was written by two of its investigators, Messrs. O.O. Kehinde and A. Abdulsalam.
Specifically, the report stated that Alamieyeseigha approved contracts and payments of Niger Delta University to the tune of N1.7 billion to about seven fictitious companies.
In an affidavit deposed to by one of ICPC’s investigators, Kehinde, the names of the fictitious companies were given to include ADM Investments Limited, Multi Web Nig. Ltd, Graceland International Ltd., Brits Investments Ltd., Vinny Investments Ltd., Jowiz Nig. Ltd., Marsh Nig. Ltd. and Niger Delta Wetland Centre.
According to the commission, at the time the said contracts were awarded and paid for, none of the companies was registered with the Corporate Affairs Commission (CAC). Besides, the commission stated that no financial regulations were followed on the award and mode of payment for such contracts. ICPC also stated that the Bayelsa State Tenders Board issued contracts to fake companies to the tune of N667,258,865. 00 .
Relying on these findings, the commission applied to Chief Justice Muhammadu Uwais to investigate the allegations in accordance with the ICPC Act.
But Bayelsa State’s Attorney General, Mr. Talford Ongolo wrote a letter to the commission asking for a copy of the report. He stated in the letter that the report would help the state to improve its financial practices.
The commission, however, refused the request following which Ongolo wrote another letter of demand. When it became obvious that the commission would not release the report, the state went to court asking for the following prayers:
— A declaration that by virtue of section 6 of ICPC Act, the commission has a statutory duty to assist the state on ways by which fraud or corruption might be eliminated;
— A declaration that having conducted and concluded an elaborate investigation into the financial practices, systems and general management of the finances of the government of Bayelsa state consequent upon a petition alleging corrupt practices against the governor of the state, ICPC is duty bound to make the report available to him for the purpose of assisting him to review the financial practices of the government in order to take appropriate steps to eliminate or minimize fraud or corruption and
— An order of mandamus compelling the commission to make available a copy of its report.
The state claimed that ICPC was under obligation to help it check fraud and that the report of its investigation into the affairs of the state was necessary to help it tighten all loose ends.
The state said that it cooperated fully with the ICPC’s investigation team and therefore, deserved to be given a copy of the report of the investigation. The case had been adjourned to December 16 this year for hearing. The court ordered Bayelsa to serve ICPC with all the court’s processes.
