bigfish3k:

whether kachikwu has power or not, he has revealed a corruption avenue, how can just two people GMD and the minister be awarding such whoping amount without passing thru a board, and u think its normal, restructure this country jare

A corruption avenue that Kachikwu himself never revealed when he was still GMD of NNPC and was also approving contracts using the same structure?

Vivere:

A corruption avenue that Kachikwu himself never revealed when he was still GMD of NNPC and was also approving contracts using the same structure?

He was also the acting minister then so the "state minister" was aware apart from the President. He did not constitute any NTB on his own but implemented the recommendation of the BPP.

Vivere:

You obviously did not read the whole NNPC rejoinder issued by Baru. The law or NNPC act does not make provision for a Minister of State to interfere in the daily activities of the corporation. It also gives the GMD powers to get approval directly from the Petroleum Minister ie Buhari. As long as everything is routed through tenders board chaired by the GMD, he is in order. Kachikwu was the one who set up that tenders board and he used the same structure to get contracts approved when he was still GMD of NNPC.

This interpretation is flawed. There is nothing in the rejoinder that said the GMD has powers to get approval directly from the Petroleum Minister. In fact, according to Baru, he only needed to sit with his GEDs and approve contracts. If the contract valuation was above a certain limit, he deferred it to FEC for approval.

The question we now asked him in return was WHO TOOK THE APPROVAL TO THE FEC?

He cannot say the President because he only chairs that FEC as the President and not the Minister. If he says Ibe Kachikwu he has lied because Dr. Kachikwu has denied him.

And while he is at it maybe he should tell us if NTB is responsible for appointments within NNPC without the consent of the NNPC board which Kachikwu chairs?

CeterisXVII:

You are still trying to rewrite the whole thing to fit your script. Kachikwu did not constitute the Tenders board as advised in the SGF Circular, he constituted it as advised by BPP. There is no regulation that says Kachikwu's position as Minister of State gave him the right to adopt the BBP's advice, and do away with the Perm Sec in the Tenders Board. There is no evidence to suggest that he followed the SGF guidelines, and included all the following people listed below. He only included the GMD and GEDs:

Ministry
Chairman
Permanent Secretary
Members
Heads of Departments
Parastatals
Chairman
Chief Executive
Members
Heads of Departments

Even if he was Minister of State (not substantive Petroleum Minister, as that post was and is still held by Buhari), why didn't he include the Perm sec, and a rep of the Petroleum Ministry? Did the fact that he was Minister of State (a position not even recognised by the NNPC Act), negate the need for the Perm Sec to be in attendance? The Heads of Depts were already represented by the GEDs, and the MDs of the NNPC parastatals/subsidiaries. But Kachikwu saw nothing wrong with it.

After Kachikwu relinquished the position of GMD NNPC, he was Chairman of NNPC Board and could no longer preside over the Tenders Board, as the Chairman of the Tenders board was meant to be the preserve of the GMD NNPC who was Baru. The same Tenders Board that Kachikwu set up and used to approve or implement contracts, is the same one Baru used to implement contracts and receive approval, yet Kachikwu is claiming Baru was at fault for doing so. It is just a case of sour grapes from Kachikwu's side. It has been explained quite clearly the kind of projects or contracts that could be passed through the NNPC Board, and the ones that had to go through the Tenders board. The NNPC governing board is quite different from the Tenders board. In fact making Kachikwu both GMD NNPC and Minister of State, was a blunder as too many things were concentrated in one man's hands. What checks and balances were in place when Kachikwu held both roles? Yet, nobody complained at that time.

Kachikwu is just piqued that he lost the powers of awarding contracts that he used to have as GMD NNPC, and so he is trying to take out his frustrations on Baru. It is clear that Kachikwu is a member of FEC, so how can he also claim ignorance of the contracts that were approved by FEC? Why is Kachikwu claiming he was sidelined? Baru says explicitly that Kachikwu knew about these contracts.

Baru also had every right to get approval from Buhari, as Buhari was (and still is) the Petroleum Minister, and under the NNPC Act, there is clear provision for getting approval from the Petroleum Minister.

I am waiting for Kachikwu to come out after this rejoinder and say Baru was lying, or that all what he said was wrong. Until then, everyone else should wait and watch.

If Kachikwu was implementing the NTB based on BPPs advice you cannot differentiate it from him acting as the minister of the ministry at the point in time. That is what you are still not getting. In his capacity it is clear that the minister (whether for state or otherwise) was represented in the board as well as the GMD.

You are the one trying ever so hard to make a clear act of mischief look like the law. So if PMB as Petroleum minister wanted to chair the NTB will Baru refer him to BPPs advice? If he would not do that to PMB why Kachikwu? The law makes ZERO provisions for the Petroleum Minister to approve of contracts as engendered by the NTB so why was Baru still seeking PMBs approval when he did not need to?

And forget that talk about the NNPC act. If PMB needed a figure head in the sector then Kachikwu would not have taken the apointment as he was courted away from Exxon not that he vied for this job. PMB vested his powers as the full minister on Kachikwu and was in fact the figure head of the ministry while Kachikwu ran the show. It was a deliberate act of mischief on Baru's part to circumvent Dr. Kachikwu and still be going to the figure head for approvals.

On closer inspection we know that PMB has been in and out of health all the while so who really was Baru seeking approvals from? No single person.

Please tuck in your bigotry.

EruditorII:


This interpretation is flawed. There is nothing in the rejoinder that said the GMD has powers to get approval directly from the Petroleum Minister. In fact, according to Baru, he only needed to sit with his GEDs and approve contracts. If the contract valuation was above a certain limit, he deferred it to FEC for approval.

The question we now asked him in return was WHO TOOK THE APPROVAL TO THE FEC?

He cannot say the President because he only chairs that FEC as the President and not the Minister. If he says Ibe Kachikwu he has lied because Dr. Kachikwu has denied him.

And while he is at it maybe he should tell us if NTB is responsible for appointments within NNPC without the consent of the NNPC board which Kachikwu chairs?

Go and read the NNPC act. It is there in black and white that the GMD relates with the Petroleum Minister. As for who took the papers to FEC, they were taken by the same Kachikwu who is now denying knowledge of the contracts. Baru said it clearly that Kachikwu as a member of FEC knew about the contracts, and the various approvals received to cover those contracts. Kachikwu has not come out to deny Baru's words.

EruditorII:

He was also the acting minister then so the "state minister" was aware apart from the President. He did not constitute any NTB on his own but implemented the recommendation of the BPP.

Oh now you agree that Kachikwu implemented the BPP recommendation. But when Baru used the same NTB recommend by BPP, it became a crime even though the BPP recommended it.

EruditorII:

He was also the acting minister then so the "state minister" was aware apart from the President. He did not constitute any NTB on his own but implemented the recommendation of the BPP.

For him to have been both Minister of State and GMD NNPC was even wrong. It ignored the principle of checks and balances.

EruditorII:


If Kachikwu was implementing the NTB based on BPPs advice you cannot differentiate it from him acting as the minister of the ministry at the point in time. That is what you are still not getting. In his capacity it is clear that the minister (whether for state or otherwise) was represented in the board as well as the GMD.

You are the one trying ever so hard to make a clear act of mischief look like the law. So if PMB as Petroleum minister wanted to chair the NTB will Baru refer him to BPPs advice? If he would not do that to PMB why Kachikwu? The law makes ZERO provisions for the Petroleum Minister to approve of contracts as engendered by the NTB so why was Baru still seeking PMBs approval when he did not need to?

And forget that talk about the NNPC act. If PMB needed a figure head in the sector then Kachikwu would not have taken the apointment as he was courted away from Exxon not that he vied for this job. PMB vested his powers as the full minister on Kachikwu and was in fact the figure head of the ministry while Kachikwu ran the show. It was a deliberate act of mischief on Baru's part to circumvent Dr. Kachikwu and still be going to the figure head for approvals.

On closer inspection we know that PMB has been in and out of health all the while so who really was Baru seeking approvals from? No single person.

Please tuck in your bigotry.

You have always ignored the fact that the NNPC Act does not recognise any Minister of State! This has nothing to do with bigotry. Buhari was the substantive Petroleum Minister, and still remains so. Kachikwu just wants to exercise powers that are not backed by any known law. Buhari delegated all his functions to Osinbajo, when he was ill, so Osinbajo would have been regarded as acting Petroleum Minister, and not Kachikwu.

GavelSlam:


I'm sure you meant Kachikwu.

Thanks for the observation, I truly meant Kachikwu

Vivere:


Go and read the NNPC act. It is there in black and white that the GMD relates with the Petroleum Minister. As for who took the papers to FEC, they were taken by the same Kachikwu who is now denying knowledge of the contracts. Baru said it clearly that Kachikwu as a member of FEC knew about the contracts, and the various approvals received to cover those contracts. Kachikwu has not come out to deny Baru's words.

Yes the GMD relates with the Petroleum minister but not necessarily with respect to matters involving contract approvals. That is why Deziani got a couple GMDs fired at will - whenever they tried to be smart by half and went behind her back. Which is what Baru was doing while pretending to be following the law.

As for your second point, it is null and void because Kachikwu refuted that claim through his post.

Vivere:

Oh now you agree that Kachikwu implemented the BPP recommendation. But when Baru used the same NTB recommend by BPP, it became a crime even though the BPP recommended it.

No, the "crime" here is in not following the spirit of the recommendation by BPP. Indeed, when BPP prescribed that advice Kachikwu was acting minister and GMD. In effect, both Minister and GMD were represented in that board through him. And Baru was congnizant of this fact that is why instead of seeking Kachikwu's approval he claimed he was going directly to the PMB - which is a lie because PMB vested his authority as the full minister to Kachikwu and not Yemi Osinbajo or whoever you claimed. Osibanjo was only coordinator of the economy. That was the term constructed.

The north is anything but naive. The south is exactly the opposite.

Vivere:


For him to have been both Minister of State and GMD NNPC was even wrong. It ignored the principle of checks and balances.

It did not as Buhari at the time was to be the substantive minister who oversaw Kachikwu.

EruditorII:


Yes the GMD relates with the Petroleum minister but not necessarily with respect to matters involving contract approvals. That is why Deziani got a couple GMDs fired at will - whenever they tried to be smart by half and went behind her back. Which is what Baru was doing while pretending to be following the law.

As for your second point, it is null and void because Kachikwu refuted that claim through his post.

Kachikwu has not responded to Baru's letter. So when was it refuted? As for Diezani, we all know that GEJ was weak, and he abdicated many of his powers in relation to the Petroleum sector, to Diezani. She could hire and fire at will, because GEJ allowed her to do so, and we can all see the result today. Buhari has not given Kachikwu such powers and freedom, like GEJ gave to Diezani. And that is where the issue lies. Kachikwu wants to exert powers over Baru, that are not backed by law with respect to approvals and contracts. There is no law, regulation or constitutional role for a Minister of State to interfere in NNPC daily functions, with respect to issue of contracts. Baru knows that. Buhari too, knows that. But Kachikwu does not, and wants to exercise powers over NNPC, that have not been assigned to him by law.

Vivere:


You have always ignored the fact that the NNPC Act does not recognise any Minister of State! This has nothing to do with bigotry. Buhari was the substantive Petroleum Minister, and still remains so. Kachikwu just wants to exercise powers that are not backed by any known law. Buhari delegated all his functions to Osinbajo, when he was ill, so Osinbajo would have been regarded as acting Petroleum Minister, and not Kachikwu.

The Act did not need to recognize the Minister of state. The Minister of state gets his powers through delegation and he was delegated all the functions of the full Minister whilst still maintaining the appellation "State Minister". If that were not so, PMB should have in the same vein appointed himself the chairman of the NNPC board (which is usually assigned to the Pet minister) instead he appointed Dr. Kachikwu to chair the NNPC board (thinking it gave him oversight functions over Baru) and Baru knows it.

That is why it was pure mischief to still bypass and claim he was getting his approvals from the president himself. That was a wanton show of insubordination on his part even though he is hiding behind the BPPs recommendation to do so.

PMB should either appoint Dr. Kachikwu the full Minister of Petroleum Resources, Publicly and legally delegate all his authority to him or fire him and watch what will happen to the O&G sector.

You can't use his clout, name and face to spearhead the reforms but then denigrate him through ethnic biases and bigotry.

Vivere:

Kachikwu has not responded to Baru's letter. So when was it refuted? As for Diezani, we all know that GEJ was weak, and he abdicated many of his powers in relation to the Petroleum sector, to Diezani. She could hire and fire at will, because GEJ allowed her to do so, and we can all see the result today. Buhari has not given Kachikwu such powers and freedom, like GEJ gave to Diezani. And that is where the issue lies. Kachikwu wants to exert powers over Baru, that are not backed by law with respect to approvals and contracts. There is no law, regulation or constitutional role for a Minister of State to interfere in NNPC daily functions, with respect to issue of contracts. Baru knows that. Buhari too, knows that. But Kachikwu does not, and wants to exercise powers over NNPC, that have not been assigned to him by law.

Kachikwu's first claim already stated that those approvals including the ones presented to FEC were done without his consent. I don't know what you want to hear again.

EruditorII:


No, the "crime" here is in not following the spirit of the recommendation by BPP. Indeed, when BPP prescribed that advice Kachikwu was acting minister and GMD. In effect, both Minister and GMD were represented in that board through him. And Baru was congnizant of this fact that is why instead of seeking Kachikwu's approval he claimed he was going directly to the PMB - which is a lie because PMB vested his authority as the full minister to Kachikwu and not Yemi Osinbajo or whoever you claimed. Osibanjo was only coordinator of the economy. That was the term constructed.

Please provide evidence that Buhari vested his powers as Petroleum Minister in Kachikwu, when he was away. We don't need to rely on hearsay. The same Buhari that did not leave a handover note for Osinbajo the first time he went on leave? If Buhari vested his full powers as Petroleum Minister in Kachikwu, he would not have entertained Baru's direct requests, without asking him to pass it through Kachikwu.

Osinbajo was acting President, with full powers to act in Buhari's absence. Senate was aware of this and there was written documented evidence to this effect!

EruditorII:


The Act did not need to recognize the Minister of state. The Minister of state gets his powers through delegation and he was delegated all the functions of the full Minister whilst still maintaining the appellation "State Minister". If that were not so, PMB should have in the same vein appointed himself the chairman of the NNPC board (which is usually assigned to the Pet minister) instead he appointed Dr. Kachikwu to chair the NNPC board (thinking it gave him oversight functions over Baru) and Baru knows it.

That is why it was pure mischief to still bypass and claim he was getting his approvals from the president himself. That was a wanton show of insubordination on his part even though he is hiding behind the BPPs recommendation to do so.

PMB should either appoint Dr. Kachikwu the full Minister of Petroleum Resources, Publicly and legally delegate all his authority to him or fire him and watch what will happen to the O&G sector.

You can't use his clout, name and face to spearhead the reforms but then denigrate him through ethnic biases and bigotry.

You are wrong. The NNPC ACT is what prescribes the functions the NNPC is expected to carry out and ascribes roles and responsibilities to the relevant parties. So everyone takes their bearing from that law. Show us where Kachikwu was given those powers to award contracts in writing, as Minister of State. Most of the reforms Kachikwu carried out were done when he was GMD NNPC, and reporting to Buhari, who was substantive Petroleum Minister. His actions were backed by NNPC Act and other relevant laws, because as GMD NNPC even if he wasn't Minister of State, he could carry out such reforms, once he had the backing of the Petroleum Minister - Buhari.

Nobody used Kachikwu's clout to carry out anything. He was fulfilling his duties at that time as GMD NNPC, but when that role ended, his powers were greatly reduced.

Vivere:


Please provide evidence that Buhari vested his powers as Petroleum Minister in Kachikwu, when he was away. We don't need to rely on hearsay. The same Buhari that did not leave a handover note for Osinbajo the first time he went on leave? If Buhari vested his full powers as Petroleum Minister in Kachikwu, he would not have entertained Baru's direct requests, without asking him to pass it through Kachikwu.

So what evidence have you provided to show that PMB entertained Baru's direct requests? Nothing because he did not. He was not aware which is why Kachikwu is "reporting" the issue to him.

Baru was just making approvals on his own and pretending to be doing so under the guise of working through the NTB

Vivere:


Please provide evidence that Buhari vested his powers as Petroleum Minister in Kachikwu, when he was away. We don't need to rely on hearsay. The same Buhari that did not leave a handover note for Osinbajo the first time he went on leave? If Buhari vested his full powers as Petroleum Minister in Kachikwu, he would not have entertained Baru's direct requests, without asking him to pass it through Kachikwu.

Osinbajo was acting President, with full powers to act in Buhari's absence. Senate was aware of this and there was written documented evidence to this effect!

Sorry but this is unadulterated sophistry. Osinbajo was exactly this and nothing more which includes being Petroleum Minister in PMBs stead. Or should we assume Osinbajo was also allowed to take Aisha to za oza room when PMB was away?

EruditorII:


So what evidence have you provided to show that PMB entertained Baru's direct requests? Nothing because he did not. He was not aware which is why Kachikwu is "reporting" the issue to him.

Baru was just making approvals on his own and pretending to be doing so under the guise of working through the NTB

You were the one that claimed Baru was going directly to Buhari to get approvals., weren't you? Wasn't that why you said he sidelined Kachikwu? Weren't you the one who said Kachikwu did not submit documents to FEC for approval but Baru? I merely responded to your earlier comment. There is nothing in writing to say Baru made approvals on his own. He clearly explained how each approval was obtained and the relevant laws guiding each one. Go back and read Baru's comments all over again.

Vivere:

You are wrong. The NNPC ACT is what prescribes the functions the NNPC is expected to carry out and ascribes roles and responsibilities to the relevant parties. So everyone takes their bearing from that law. Show us where Kachikwu was given those powers to award contracts in writing, as Minister of State. Most of the reforms Kachikwu carried out were done when he was GMD NNPC, and reporting to Buhari, who was substantive Petroleum Minister. His actions were backed by NNPC Act and other relevant laws, because as GMD NNPC even if he wasn't Minister of State, he could carry out such reforms, once he had the backing of the Petroleum Minister - Buhari.

Nobody used Kachikwu's clout to carry out anything. He was fulfilling his duties at that time as GMD NNPC, but when that role ended, his powers were greatly reduced.

You are the one who is wrong. I did not say he awarded contracts as Minister of State but that in occupying both positions the Minister of State and GMD were in the know. Not the case we have today where the GMD does what he likes and claims he has the backing of the President.

After all, we saw how PMB had to send some people back from London who came to ask for his approval of certain things even after Osinbajo had given such approvals. He told them to simply listen to his vice to whom he had delegated all his authority to. Which begs the question - if PMB was in the know, why then is Kachikwu reporting to him?

Your guess is as good as mine.

EruditorII:


Sorry but this is unadulterated sophistry. Osinbajo was exactly this and nothing more which includes being Petroleum Minister in PMBs stead. Or should be assume Osinbajo was also allowed to take Aisha to za oza room when PMB was away?

Oga, you can call it whatever you want. The truth is clear to everyone. Buhari delegated his functions as President and Petroleum Minister to Osinbajo to act on his behalf in terms of matters pertaining to the nation, when he was away. This is on record. End of story.

EruditorII:

You are the one who is wrong. I did not say he awarded contracts as Minister of State but that in occupying both positions the Minister of State and GMD were in the know. Not the case we have today where the GMD does what he likes and claims he has the backing of the President.

After all, we saw how PMB had to send some people back from London who came to ask for his approval of certain things even after Osinbajo had given such approvals. He told them to simply listen to his vice to whom he had delegated all his authority to. Which begs the question - if PMB was in the know, why then is Kachikwu reporting to him?

Your guess is as good as mine.

Ask Kachikwu why he was reporting to PMB. Kachikwu did not know the limit of his powers or he had lost sight of it. That is what led to this fiasco.

Vivere:

You were the one that claimed Baru was going directly to Buhari to get approvals., weren't you? Wasn't that why you said he sidelined Kachikwu? Weren't you the one who said Kachikwu did not submit documents to FEC for approval but Baru? I merely responded to your earlier comment. There is nothing in writing to say Baru made approvals on his own. He clearly explained how each approval was obtained and the relevant laws guiding each one. Go back and read Baru's comments all over again.

Yea, he said he made such contract approvals through the NTB which he chairs and his GEDs act as floor members. Yea...right. They were going to challenge someone who could reappoint them without the consent of even the President.

As for him claiming he got certain other approvals from the FEC I asked you who tabled the issue to the FEC? You started with PMB and when I said PMB was ill you said he delegated all his authority to Yemi Osinbajo to which I responded The VP only took over his duties as President not as Petroleum Minister.

Vivere:

Oga, you can call it whatever you want. The truth is clear to everyone. Buhari delegated his functions as President and Petroleum Minister to Osinbajo to act on his behalf in terms of matters pertaining to the nation, when he was away. This is on record. End of story.

Apocrypha.

EruditorII:


Yea, he said he made such contract approvals through the NTB which he chairs and his GEDs act as floor members. Yea...right. They were going to challenge someone who could reappoint them without the consent of even the President.

As for him claiming he got certain other approvals from the FEC I asked you who tabled the issue to the FEC? You started with PMB and when I said PMB was ill you said he delegated all his authority to Yemi Osinbajo to which I responded The VPonly took over his duties as President not as Petroleum Minister.

Oga, go back and read what I wrote. I stated clearly that Kachikwu tabled those documents to FEC. I never said Baru or PMB did. Baru would not even have been allowed to sit at FEC . So Buhari partitioned his functions and assigned part of it to Osinbajo and the other part to Kachikwu? You are very funny.

Vivere:


Ask Kachikwu why he was reporting to PMB. Kachikwu did not know the limit of his powers or he had lost sight of it. That is what led to this fiasco.

Nope. He was not granted access to see his Petroleum Minister for close to a year where he would have tabled the issue to PMB one on one. Then when he wrote a letter to PMB on the issue, his northern cabal prevented PMB from seeing the letter till it was leaked to the press.

Vivere:


Oga, go back and read what I wrote. I stated clearly that Kachikwu tabled those documents to FEC. I never said Baru did. Baru would not even have been allowed to sit at FEC . So Buhari partitioned his functions and assigned part of it to Osinbajo and the other part to Kachikwu? You are very funny.

I said Kachikwu denied doing that. He clearly said he was not in the know and only "read" about such approvals and appointments over the news like everyone else.

EruditorII:

Nope. He was not granted access to see his Petroleum Minister for close to a year where he would have tabled the issue to PMB one on one. Then when he wrote a letter to PMB on the issue, his northern cabal prevented PMB from seeing the letter till it was leaked to the press.

So with all the powers you claimed Kachikwu had, he couldn't see PMB?

Vivere:


Oga, go back and read what I wrote. I stated clearly that Kachikwu tabled those documents to FEC. I never said Baru did. Baru would not even have been allowed to sit at FEC . So Buhari partitioned his functions and assigned part of it to Osinbajo and the other part to Kachikwu? You are very funny.

You are the one being funny. Since when did acting as the Petroleum Minister become the duty of the president? If PMB knew that his VP would take over the issues pertaining to the Petroleum industry why have a Minister of State?

EruditorII:

I said Kachikwu denied doing that. He clearly said he was not in the know and only "read" about such approvals and appointments over the news like everyone else.

That was the initial assertion that Kachikwu made which Baru debunked in his subsequent response, to that Kachikwu's memo. Kachikwu has not come back since then, to say Baru was wrong, or he was telling a lie against him.