By JOHN ONAH, Abuja –
The Nigeria Governors’ Forum (NGF) has described the move by the Federal Government to deduct the sum of $418 million of the Paris Club refund from the state resources as unlawful and contrary to public policy and morality.
This is contained in a statement made available to NATIONAL ACCORD in Abuja on Monday, the Head of Media and Public Affairs of the NGF, Abdulrazaque Bello-Barkindo, in response to a statement by the media aide to the Attorney-General of the Federation (AGF), Umar Gwandu, on November 5 in support of deductions of humongous state resources amounting to USD$418 million from the Federation Account.
According to the NGF, the payments were made in favour of private contractors and/or consultants for alleged work done in relation to the Paris Club Refunds to the States and Local Governments.
It added that since the AGF had not contradicted his aide, it was therefore deemed that the statement was issued with his authorization and consent.
“We need to state quickly that when we first read this press release, we had to double-check to be sure it was not authored by a lawyer representing either one or all the promissory notes recipients. The decision by the HAGF to throw his weight behind these consultants who have been battling desperately to grab $418m from the accounts of states and local governments raises questions of propriety and the spirit of justice.
“The AGF is supposed to be the chief arbiter in all matters concerning Nigerians, especially the poor masses of this country. It is incumbent upon him to, not just ensure that justice is done, but that justice is seen to have been done,” the NGF said.
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It further noted that the undue haste with which the statement was issued even before the service on the AGF of the court processes and the order dated 5th November, 2021restraining the Federal Government, seemed to suggest that there was a special relationship between the Office of the AGF and the consultants over and above Nigerian citizens, whose interest the HAGF as the Chief Law Officer of the Federation is statutorily bound to always protect.
The NGF also suggested that the restraining order issued last Friday not only unsettled preconceived plans and angered the unnamed ‘government officers’ referred to by the media aide.
The rest of the statement reads:
“The media aide to the AGF justifies the deductions on the basis that they are made pursuant to four court judgments; two of which are consent judgments and/or that the NGF/States and LGAs consented, expressed no objection to the payments and had already paid part of the debts to the said contractors and consultants. The statement by the media aide to the HAGF however conveniently and deliberately failed to name the judgments under reference and whether they are on appeal or challenged in any other way. He also failed to specify which of the four judgments authorized payments and in what proportion to each of the contractors.
“While it is very easy to argue as the AGF does, that the NGF and ALGON took no early steps to appeal as they should have done, it is important to inform the Nigerian public that State governors have since appealed and are challenging the judgments in various courts. Interestingly the AGF has been served all these processes, nevertheless, this was ignored and payment was authorized to be made and has been processed with unprecedented speed not common in the public service. It must be stated that between the NGF and AGF, the latter is in more vantage constitutional position and has a legal responsibility and burden to defend public interest.
‘The AGF should have therefore initiated appeals against the said judgments once his attention was drawn to them, because public interest was at stake involving huge sums of money meant for the provision of public services. It must be noted that the state governments were not parties to any of the said judgments. It should be further stated that the Office of the AGF failed to professionally defend the cases leading to those judgments and the courts commented on that unprofessional attitude.
‘While we are constrained not to comment on a subject which is sub-judice, we have a responsibility to the public to respond in some detail to the statement issued by the Office of the AGF in order to put the records straight. Any discerning legal mind would find no difficulty in concluding that the so-called judgments under reference are dripping with too many irregularities bordering on competence and lack of jurisdiction which are the bases why some of them are being challenged on appeal and in other courts. No diligent public officer would act on such judgments by recommending payment.
“It is even more curious that the AGF also recommended payments to some contractors allegedly based on Judgments that did not make any monetary award or on claims that were struck out.”
The NGF therefore urged AGF to explain to Nigerians why these particular judgment debts are given unusual attention and priority and processed with supersonic speed over and above all others; some of which preceded these so-called judgments and have been pending for settlement by the AGF for several years.
It said: “While it is convenient to say that part of these judgment debts has been paid with the release of USD$86,546,526.65 and N19,439,225,871.11 in 2016 and $100m in 2018 to the contractors with the concurrence of the NGF; that does not detract from the fact that they were payments wrongly made which ought not to have been made even if they were products of consent Judgments. States can still go after the contractors to recover the funds wrongly made”.
“It should concern the HAGF that ALGON disowned the contracts claimed by RIOK and the same was duly communicated to him requesting him to prevent the use of LG funds to “settle dubious and illegal claims’’
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“The AGF has consistently stated that this administration is an avid respecter of the rule of law. This is one case in which this commitment should be fully and completely demonstrated. Let the AGF remain neutral and protect scarce public resources. Let him advice the contractors to wait until all appeals and litigations in court are concluded”, the statement added.
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