Between Alamieyeseigha and the ICPC
By
THE recent repeal of the ICPC Act by the Senate may have taken the bite off the corruption allegations against Governor DSP Alamieyeseigha of Bayelsa State. But the questions of sincerity, credibility and truthfulness remain. The Bayelsa governor was among about five others taken before the Akanbi-led ICPC for investigation. Alamieyeseigha's problem started when Mr. Werinipire Noel Digifa, a citizen of Bayelsa, petitioned the commission in a 55-paragraph affidavit. There he alleged that the governor gave contracts to eight fictitious companies. The contracts were said to be in relation to the Niger Delta University and that the governor also amassed landed properties wrongfully.
Expectedly, the ICPC took up the case and in an affidavit, its official, Mr. O.O. Kehinde, declared in favour of the petition. He said after investigation, it was found that the governor approved and paid N1.7 billion to the fictitious companies. He also said "no financial regulations were followed on the award of contracts and mode of payment for such contracts at the Niger Delta University (NDU)." Kehinde was categorical that "upon companies search (sic) at the CAC, the following companies who (sic) got the NDU contracts were found to be non-existent as at the time of award of contract! ADM Investment Limited; Multi Web Nigeria Limited; Graceland International Limited; Brits Investment Limited; Vinny Investments Limited; Jowiz Nigeria Limited; Marsh Nigeria Limited; Niger Delta Wetland Centre." The affidavit was dated January 10, 2003 but a covering letter notifying the governor of the affidavit and an application for the appointment of an independent counsel was dated January 8, 2003. Analyst then wondered how a covering letter could have been prepared before and affidavit was sworn - an act that smells suspicion.
True, many in Bayelsa do not see Alamieyeseigha as a saint. But many are ready to swear that he is not yet the devil Digifa and ICPC want to make him appear. Hence, there has been a strong call on the ICPC to publish its findings as required by the law, all to no avail. There is even the suspicion that the commission may have doctored the original report and that is why it is afraid to make the report public. Beyond the point of mere suspicion, government lawyers, among others, say they have facts to debunk all allegations of corruption and abuse of office against the governor.
For instance, Chief Wole Olanipekun (SAN) says the companies purported to be fictitious actually existed before the alleged award of contracts. In a memo to the Chief Justice of Nigeria, Mohammed Uwais, Olanipekun, representing the said companies, said "contrary to what Mr. O.O. Kehinde deposed to on oath in paragraph 4, each of my clients is duly registered under the provisions of the Companies and Allied Matters Act and a certificate of incorporation has been duly issued to each of them by the Corporate Affairs Commission." he attached the certificates of incorporation.
Olanipekun also said contrary to Kehinde's affidavit that the companies "got NDU contracts," "none of my clients got or secured or was awarded any contract and paid any kobo in relation to or connected with any project at all at the Niger Delta University." He said both ICPC and Kehinde made life most unfair to his clients; bringing them to ridicule before the public. "In short or summary, the allegations of ICPC against my clients are false, malicious and unfounded in every material particular," he added. Corroborating the companies' counsel, Chief T.J. Onomigbo Okpoko (SAN), representing the Bayelsa Government, said Kehinde lied. "None of the eight listed companies was awarded any contract to execute any work at the permanent site of the Niger Delta University by the government of Bayelsa State," he added. Okpoko conveyed his client's view that the allegations were false, alluding to the attempt at using the commission as instrument for blackmail for witch-hunting political opponents by some devious persons.
Okpoko's reaction was against the application by the ICPC to Uwais, advising him to appoint an independent counsel to investigate Alamieyeseigha. The repealed ICPC Act provided for the appointment of an independent counsel to look through the ICPC findings on matters of corruption. Both the ICPC and Ledum Mitee, counsel for Digifa had urged Chief Justice Uwais to exercise the powers granted him under Section 25 of the ICPC Act. "We have our client's further instruction to humbly request your lordship to kindly cause an independent counsel to be appointed to investigate these allegations," Mitee had written.
Now, both the Bayelsa Governor and the ICPC are in the public court. Is Alamieyeseigha guilty as charged or not? The only body with the powers to give the public a candid answer doesn't seem to be a neutral, disinterested arbiter, there is the question of the suspected doctored report; there is the suspicion of using the commission for witch-hunting. Why would ICPC say some companies were fictitious if they actually existed? Again that question of credibility that made the Senate repeal the ICPC Act keeps coming up - particularly in Bayelsa State.