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Nairaland Forum / Nairaland / General / Politics / Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations (52344 Views)
Maikanti Baru Is Dead / Ibe Kachikwu Shakes Baru At The Nigerian Economic Summit, Earlier Today / Ibe Kachikwu Exposes Maikanti Baru Through His Letter To Buhari (Pictured) (2) (3) (4)
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Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 2:55pm On Oct 10, 2017 |
Vivere: What does it take to see the president? If the people who take charge of his itinerary etc do not let you- you won't see him including Aisha. Hence, northern agenda. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 2:56pm On Oct 10, 2017 |
EruditorII: Ask PMB. He would know. He delegated all his functions to Osinbajo for a reason. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 2:58pm On Oct 10, 2017 |
Vivere: Baru was being smart by half. It is not like Kachikwu said they never spoke at all but that Baru was "selective" in what to say or what meetings to attend. It is a high possibility that certain issues Baru raised Kachikwu took to FEC on the ministry's behalf. May not have included the contracts or appointments. Abeg stop supporting mischief just because your political leanings align with Baru. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:00pm On Oct 10, 2017 |
Vivere: All his functions as the PRESIDENT to Yemi Osinbajo. That is why Yemi cannot go to PMBs bedroom to sleep with his wife Aisha. PMB did not delegate his functions as a husband for example to Yemi and neither did he do so as a Petroleum Minister. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 3:07pm On Oct 10, 2017 |
EruditorII: It is sad that you have refused to see the truth. You first said that Kachikwu did not know anything about the contracts or approvals. It was debunked. Later you claimed that Kachikwu did not submit those documents to FEC. Again this was refuted. Later you claimed that PMB delegated full powers to Kachikwu to act as Petroleum Minister. Again you were asked for evidence which you could not produce. You keep going round in circles. Stop supporting Kachikwu's erroneous beliefs out of nepotism. Let us wait for Kachikwu to respond to Baru's comments first, before coming to any conclusions. 2 Likes |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 3:09pm On Oct 10, 2017 |
EruditorII:Oga where is the evidence that he gave all those powers to Kachikwu, to act in his stead as Petroleum Minister? There is nothing in writing to prove PMB did so. So stop using examples that would not fly. Aisha has nothing to do with this discussion. 2 Likes |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:11pm On Oct 10, 2017 |
Vivere: How was anything debunked? You are just throwing red herrings based on Baru's rejoinder. So Kachikwu complained about being sidelined when he was in the know and even took the approvals to FEC on behalf of the ministry? So what does it mean to be sidelined? Yes I claimed PMB vested all his authority to Kachikwu and common sense backs me up, which is why Kachikwu went to report to PMB. If that were not so, he would have either resigned or asked PMB for more authority instead he was reporting to him and calling Baru insubordinate, disrespectful and mischievous. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:14pm On Oct 10, 2017 |
Vivere: Where is your own that he delegated his authority as the Petroleum Minister to Yemi Osinbajo? My claims are more logical than yours simply because Kachikwu and not Yemi Osinbajo is the State Minister of that ministry. Abi if Ameachi is going on sick-leave he can appoint Celestine Omehia to run the transport ministry and leave Sidika stuck in Limbo? Please, shelve this verbal rigmarole. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 3:24pm On Oct 10, 2017 |
EruditorII: Nobody is throwing any red herrings anywhere. It is just a figment of your imagination. At least in the case of Osinbajo, there is documented evidence, that he handed over to Osinbajo all his powers, so that Osinbajo could function in his stead. What proves that he did the same with Kachikwu? Common sense would not be called as a witness, if this case goes to a panel of enquiry, or a tribunal or to court. Baru has successfully defended himself against Kachikwu's allegations, citing relevant laws, regulations, approvals and documents he received. Kachikwu has not responded. Until he does that, I will not condemn anybody. 2 Likes |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 3:29pm On Oct 10, 2017 |
EruditorII: Your claims are more logical? In what way? Looking at the practice of a minister may not be the best way to judge what PMB would do, or (has already done) in similar circumstances. If truly PMB delegated his powers as Petroleum Minister to Kachikwu, why hasn't Kachikwu said so all this while? How come no one has made reference to it? You are the one engaging in a verbal rigmarole. So please go ahead and indulge yourself a bit further. As for me, I am waiting to see how Kachikwu would respond to Baru's rejoinder. 2 Likes |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:33pm On Oct 10, 2017 |
Vivere: In his memo to Buhari, Kachikwu stated that when Buhari was unwell in London for several months between May and August, Baru tried to get direct approval from Vice President Yemi Osinbajo — who was acting president at the time — for some personnel changes at the NNPC. But Osinbajo asked Baru to go back to Kachikwu and get his input and approval first before making the changes. Baru refused to consult Kachikwu on that. For weeks, the changes were not made, until Buhari returned on August 19. By August 29, Baru announced the changes. This prompted Kachikwu’s letter to the president on August 30, complaining that he learnt of the development in the media. https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html Osinbajo, like Kachikwu know something you don't know. Listen to them please. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:35pm On Oct 10, 2017 |
Vivere: Successfully defended and you would not condemn anybody indeed. https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html Read this article; you might learn a thing or two. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 4:05pm On Oct 10, 2017 |
EruditorII:There is nothing new in the article. It actually contains more conjecture, than fact. The article says Baru got approval from Buhari, but did not say how it was done. The article also says Baru tried to get approval from Osinbajo, but he was asked to go back to Kachikwu. It never said why Baru declined to go back to Kachikwu, or if he actually went and Kachikwu denied him audience. Again, it is clear that Buhari never relinquished his powers as Petroleum Minister and NNPC Board Chairman, so why didn't Kachikwu take this up directly with the President, instead of unleashing his frustration on Baru? And finally, the paper fails to make a distinction between the kind of contracts that go to the board, and the ones that fall within the brief of the GMD NNPC. Kachikwu himself as GMD NNPC hired new people from outside the corporation, to become GEDs. Nobody complained at that time. He redeployed others, and made several new appointments in his capacity as GMD. No one saw anything wrong with it. And please don't tell me that it was because he was Minister of State. That position is not backed by any known law, act or regulation in the petroleum industry. Left to me, this is an ego clash between Kachikwu and Baru. Kachikwu as a leader has failed to manage his staff and stakeholders, properly. And that is what has caused this fiasco. Kachikwu cannot recognise the limits of his powers, because he is yet to come to terms with the fact that his powers have been reduced considerably, since he is no more the GMD. 1 Like |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by rolchi(m): 4:18pm On Oct 10, 2017 |
Vivere: One Big Bottle of Chilled Guiness Stout with One pot of Isi-ewu for you... We rest our case with Dr. Ibe Kachukwu!!! 1 Like |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 4:31pm On Oct 10, 2017 |
Vivere: This post I am responding to has as much conjecture as the article. First, why would Kachikwu deny him audience and then claim he was sidelined and why did Baru not refute this claim about meeting Yemi Osinbajo in his rejoinder? Second, even Baru will not agree with your claim that PMB did not relinquish his post as NNPC Board chairman to Dr. Kachikwu. In fact, in his rejoinder (which you claimed he successfully defended himself) he admitted that albeit Kachikwu was the head of the NNPC board, that position did not accord him the right to approve contracts and was the exclusive preserve of the NTB. Next, what is the paper's business with explaining what type of contracts went where and what do you mean lashing out at Baru? Kachikwu was reporting Baru to PMB- that fact is clear to even Blind Bartimaeus. Kachikwu hired people from outside the corporation? Is that what anyone claimed the issue was? Did Deziani not do so too? The issue was never about that but if due process was followed in the appointment. Kachikwu followed the process by having the consent of the Minister and state minister if you please, having received delegated authority from PMB whilst he, Kachikwu occupied the GMD position as well as the State minister's . So your argument falls flat on its head. Left to you Kachikwu failed to manage his staff and stakeholders properly? Thank heavens the decision is not left to you. So Baru was not complicit in insubordination? In disrespecting The state minister? In disobeying the acting president? You have already exposed where you stand and I am happy that common sense, tenets of pure-mindedness and the spirit of the law do not back you. It is now left to see if PMB will tow the same path as you or the common sense path. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by SpartanJ: 7:11pm On Oct 10, 2017 |
Abeg park well, is it not the same NNPC that passed all the financial Audits with doctored reports amidst all the glory days of looting by Diezani and others. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 10:13pm On Oct 10, 2017 |
EruditorII: Yes, Baru made reference to Kachikwu's role. But he also explained quite clearly that NNPC's Contracting Processes are governed by various laws, regulations and policies. He listed them all - about 7 or 8 of those documents. And he also made it clear what aspects fell under the purview of NNPC Board, and what was clearly not part of NNPC Governing Board functions, as well as the aspects that fell solely within the brief of the NNPC Tenders Board, chaired by the GMD. In his statement, Baru said (and I quote): NNPC had cause to clarify severally from Bureau of Public Procurement (BPP) as to the composition of NNPC Tenders Board and the role of NNPC Board appointed by Government. The following clarifications were made. The above clarifications of the provisions of the procurement process, show that approvals reside within the NTB, and where thresholds are exceeded, the NNPC refers to FEC for approval. Therefore, the NNPC Board has no role in contracts approval process as advised by BPP. As for your other question, only Kachikwu can explain why he felt sidelined. Baru refuted Kachikwu's claims of sidelining him in his rejoinder, but obviously you failed to see it. Baru also made a statement which has not been denied till date, by Kachikwu: Furthermore, contrary to the assertion of Dr. Kachikwu that he was never involved in the 2017/2018 contracting process for the Crude Oil Term Contracts, Dr. Kachikwu was in fact expressly consulted by the GMD and his recommendations were taken into account in following through the laid down procedure. Thus, for him to turn around and claim that “…these major contracts were never reviewed or discussed with me…” is most unfortunate to say the least. EruditorII: There is something called investigative journalism. The paper reported a story without getting all sides to the issue and without determining the underlying factors. That is what differentiates a good story from a bad one. For the record, I never said he lashed out at Baru. I said he unleashed his frustrations on Baru. There is a difference. The paper mentioned that Baru failed to refer matters to the NNPC Board, but did not tell us what matters fell under the NNPC Board, and if the issues Baru was accused of not taking to the Board were actually part of those matters that needed to be handled by the NNPC Governing Board. EruditorII: Yes, part of the things that paper spoke about, was Baru's request to carry out staff changes. In fact, if you recall what the paper said - the approval that Baru requested from Osinbajo was to cover the redeployment of personnel. That was why I made reference to hiring of staff and personnel changes in my last post. Let me reproduce an excerpt from that paper here: In his memo to Buhari, Kachikwu stated that when Buhari was unwell in London for several months between May and August, Baru tried to get direct approval from Vice President Yemi Osinbajo — who was acting president at the time — for some personnel changes at the NNPC. But Osinbajo asked Baru to go back to Kachikwu and get his input and approval first before making the changes. EruditorII: Yes, to me Kachikwu failed to manage his staff properly. A good leader is also expected to be a good team player. For a staff to get so disenchanted with a leader, that he goes elsewhere to seek approval to cover his requests, is not a good sign. Their frosty relationship did not start yesterday. It had been on-going and there are no reports to show that Kachikwu ever made an attempt to diffuse the tension or halt the deterioration, in their relationship. The buck stops at the leader's table. As I have often repeated, there is no provision in the NNPC Act for a Minister of State to play an operational role in the daily affairs of NNPC. Kachikwu as a lawyer, either did not know that and sought to wield the powers of a full substantive Minister (which he wasn't, by trying to use powers which everyone knew he didn't have), or he probably did not realise the scope of his powers had diminished considerably, after he relinquished the GMD's post, to Baru. PMB needs to come back in and clarify the limits of everyone's roles, powers and responsibilities quite clearly, to prevent further problems between both gentlemen. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 12:36am On Oct 11, 2017 |
cc: EruditorII, here is another viewpoint from a different newspaper. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 1:04am On Oct 11, 2017 |
Vivere: Nobody is contending that the Tenders board should make decisions on contract approvals. The bone of contention is whether the Minister of State should be excluded from such decisions. The answer is no simply because - in Kachikwu's case - he is the one that oversees the daily activities of that ministry not PMB. Another lawyer, Jiti Ogunye made the same claim stating that Kachikwu as the Minister of state was also appointed the chairman of the NNPC board which also oversees the plans of the NNPC and the Tenders board by extension. There is no justification for sidelining Kachikwu on any technicalities except one is pandering to the mischievous whims of the current GMD. In fact, any rule that allows Baru to unilaterally make decisions under his office as the chairman of the Tenders board, also lets him to by pass the substantive Minister of Petroleum resources. That fact is clear. Anyways, I expect PMB to make a decision on the matter soon then we would know if he approved of Baru's antics. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by duwdu: 10:31pm On Oct 11, 2017 |
EruditorII: The way you stylishly weave unrelated things at every turn in this debate, is really baffling, TBH. Again, neither the NNPC Board not it's Chairman has any direct control on the NNPC Tenders' Board! Haba. And, seems you're hell-bent on giving Kachikwu all the powers he does not possess; otherwise, why would you start characterizing lawful and proper governance steps taken by Baru as "antics?" My people, aside from all these back and forth though, to me the most damaging aspect of Kachikwu's letter, is the way he's now given undeserved ammunition to social media misfits to keep singing, "$26bn contracts awarded by Baru under Buhari without due process," or, "$26bn missing under Buhari," and so on, when, in fact, no such contracts exist, no such money has been stolen or misappropriated, and due process was followed all the way with respect to actions already taken/contracts already signed. Unfortunately, those misinformation and propaganda are still being "visuvella'd" upandan, and possibly scaring away less informed investors. And to think that such things don't get easily erased from the minds and narratives of the gullible? Chai. Kachikwu misfired big time on this one; he might have in fact unwittingly harmed the government of his benefactor already, just because of his now glaringly limited knowledge and poor understanding of a parastatal over which he himself (Kachikwu) was once installed as GMD. Playing the victim at every turn is simply the nature of some people, even if they'd bring down the house while doing so. Kachikwu should simply back off this matter, as he's now appearing to do, and should in fact tender an un-reserved apology to at least his principal employer. I believe he can still be useful in the present dispensation. Today, he's already advocating that the power of the minister should in fact be wittled down/reduced, so as to allow parastatals such as the NNPC to do their work more effectively. There we go. 'Nuf said. ........ P34c3 ..... ... |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 12:09am On Oct 12, 2017 |
duwdu: I could have dismissed your post as that of a bigoted troll but then you kept making grandiose statements that when put to the sword you can't back up. The stupidity behind your first paragraph for example. So Baru wrote that rubbish and you guzzled it? Does that even make sense? Where is it done that the NNPC board (of which Baru is a member) which oversees the plans and budget of the whole corporation will somehow not be involved in the affairs of the Tenders board (of which all members here in are staff of the NNPC)? So how will the NNPC board oversee the budget of NNPC if it does not include the budgets approved by the NTB? Why must you talk like you have no brains simply because you think this is some North vs South debate? So If what Baru displayed was not mischievous antics what else do we call it? Ibe Kachikwu's associates have also brought the law and Act to you to show that the Tenders Board don't approve contracts; they simply plan, organise, evaluate, execute and supervise the conduct of ‘procurement processes’ and not to approve contracts. So Baru was the liar stretching the limits of his power - which makes sense because what law would make the GMD and his goons approve contracts without oversight? That must be an inane law. Sadly, such law does not exist. What is particularly funny to me is how you want to maintain that due process was followed in the face of glaring evidences against that fact. When did PMB approve those contracts? From his sick bed? When did FEC approve them and who tabled it to the FEC? PMB or Kachikwu saying he did not? Make up your mind on which illogic to guzzle. I reserved my guffaw for the concluding part that Kachikwu is scaring away investors. That is a pipe dream. Without him no single investment would have been made with credible investors because it is clear it is only him they trust. If that were not so, why was there a recent leak in the press reporting how the GMD of NNPC through the GGM NAPIMS tried to force IOCs to be paying $100M a year to rehabilitate the North east? Is that one also part of the companies' mandate? Well, just incase you wanted to tow that path, the IOCs came to refute that it was part of their CSR especially when they pay their taxes to the FG. So you can spin your narrative in whatever helps you sleep at night. You are talking about a Harvard trained lawyer who was chief counsel to the largest corporation in the world and you want to teach him how to interpret laws, Acts and regulations? You are bold but I don't envy you. Read this incase you want to pretend you did not see it on Nairaland today; https://www.nairaland.com/4109461/26-billion-scandal-kachikwus-camp |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by duwdu: 10:53pm On Oct 12, 2017 |
@EruditorII; When at first you wrote, "... stupidity behind your first paragraph...," I was like, "please ignore such language and continue reading." Then, a few words later I saw, "... you talk like you have no brains...," and I stopped reading. Sorry. Thanks, and bye. ........ P34c3 ..... ... 1 Like |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by bigfish3k: 6:08pm On Oct 13, 2017 |
Vivere: kachikwu didn't sign any such contract without the board kachikwu signed within his threshold, but baru signed above his threshold without the board |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 7:04pm On Oct 13, 2017 |
bigfish3k:Is that what you were told? 1 Like |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by bigfish3k: 10:55pm On Oct 13, 2017 |
Vivere: yes, present ur evidence that kachikwu signed above his threshold evidence against baru is already there with kachikwus leaked letter which he is trying so desperately to defend saying that the petroleum minister gave him consent tell me , are u comfortable that only two people ( GMD & PETROLEUM MINISTER) can just initiate and sign such whopping amount without any board approval. then where lies the checks and balances that will help fight corruption, how can that be the law as explained by baru, such law is destroying the country. even though every one thought that NNPC has been unbundled by this administration in order to curb corruption |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 11:01pm On Oct 13, 2017 |
bigfish3k: Only 2 people were doing the same thing, when Kachikwu was GMD NNPC. Nobody complained of checks and balances at that time, o! In fact, he was both Minister of State and GMD NNPC, at the same time. Nobody raised an eyebrow at this anomaly, neither did they complain about checks and balances at that time too. Now the same people who saw nothing wrong with what Kachikwu did at that time, are now complaining about Baru doing the same thing, Kachikwu did. Interesting! |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 12:24am On Oct 14, 2017 |
Vivere: Don't make a dud claim and run when facts are sent at you. I kept reminding you that in Kachikwu's time there was no constituted NNPC board. He was both Acting Minister and GMD. So he took all approvals to the C-in-C and got them approved at FEC by himself (being a member). When he left, PMB constituted a board so Baru was bound to defer to them but kept dodging them and approving contracts flimsily. I cannot believe you are still trying to defend this illegality even after you have defended many positions all of which have now contradicted themselves. It is criminal if not baffling. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 12:54am On Oct 14, 2017 |
EruditorII: Kachikwu was playing smart by not asking PMB to constitute a board, when he was still GMD NNPC. I repeat there is no provision for Minister of State anywhere in the NNPC Act. So saying Kachikwu was acting Minister is wrong. Acting Minister of what? Buhari was still substantive Minister of Petroleum when Kachikwu was GMD NNPC, so Kachikwu could not have been the substantive Minister under Buhari. There are others who believe the lack of clarity with regards to matters that go to the board, and those that remain within the purview of the NNPC Tenders Board, has never been properly addressed. And this is one of the issues causing the friction between Kachikwu and Baru. a former Chairman of Stanbic IBTC Bank, Mr. Atedo Peterside, stated that the board of NNPC was not set up to embrace transparency and enhance better oversight functions, but to facilitate interference in the operations of the state-run oil firm, by the Presidential Villa. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 4:10pm On Oct 14, 2017 |
Vivere: Hahahaha! How many appointments did Buhari not make in record time including the ministers? Please, this makes no sense. Left to PMB, he did not even want to convoke an NNPC board; he trusted Kachikwu to bridge the position of NNPC GMD and Minister. The very fact that you keep drumming on Substantive minister for PMB makes me wonder if you understand the sector at all. Kachikwu doubled as both state minister and GMD - PMB, the so-called substantive minister did not participate in the daily runnings. I told you that PMBs role was needed so that Kachikwu would have some sort of authority playing oversight on him. The moment PMB sought to alleviate him of that position - it was right to constitute a board to play oversight over the GMD and the whole sector. As per the talk about non-clarity of the board's role and the NTB. You are doing a bad job at circumlocution. No matter what is within the purview of the NTB they are still subject to the NNPC board and answerable to them - that is what the law says. Again, to put my question into context; how else will NNPC board supervise and oversee the plans and budget of the NNPC (which includes the NTB) that they would not have any input in the contract approvals? |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 10:53pm On Oct 15, 2017 |
EruditorII: I am tired of repeating myself. It has been pointed out over and over again, that the NNPC Act does not have anything in it, that assigns any role to a Minister of State. In fact, the word Minister of State is not even mentioned at all, anywhere inside the Act. It only recognises a substantive Petroleum Minister, and that Minister in this case is Buhari. If truly PMB assigned the powers of a full Minister of Petroleum to Kachikwu, let him tender the documentary evidence. When a whole NNPC Act that assigns roles and responsibilities to the different players in the oil industry fails to mention a Minister of State, then what is Kachikwu relying upon to grant him powers to execute any function as Minister of State? Where does he derive his powers from? Most of the reforms and actions he carried out while he was GMD NNPC were made possible, because of the powers he was granted as GMD NNPC under the NNPC Act. I don't know why this is so difficult to understand. As a Minister of State, Kachikwu has no law giving him any powers that permit him to interfere in the daily affairs of NNPC, going by the NNPC Act. As for the issue of Kachikwu complaining about being sidelined as Chairman of NNPC Board, the ACt clearly says that "1. (2) The affairs of the Corporation shall, subject to Part II of this Act, be conducted by a Board of Directors of the Corporation which shall consist of a Chairman and the following other members etc., "but it did not clearly define the term or nature of activities that fall under the term - 'affairs.' Based on this, would you say that if the NNPC wants to order ordinary toilet roll or pen and paper, it should refer to the Board? Clearly, that would slow down daily operations of the Corporation, as the intent of the law is not to bog down the Board with petty affairs, especially when the Board is expected to meet 4 times a year. The same NNPC Act on the other hand is quite clear about the role, responsibilities and powers of the GMD NNPC. Further clarification was sought from the BPP with regards to the functions of the NNPC Governing Board, and the NNPC Tenders Board with regards to the procurement of works and services within the NNPC. As discussed earlier in a previous post, I believe clarification provided by BPP is clear: a. The BPP expressly clarified that NNPC Tenders Board (NTB) is NOT the same as NNPC Board. The governing board (NNPC Board) is responsible for approval of work programmes, corporate plans and budgets, while the NTB is responsible for approval of day-to-day procurement implementation. And when Kachikwu initially wrote his memo, he never even said that Baru contacted him and he made input into the selection of firms shortlisted for crude oil lifting. Why was he silent about that? Just like Baru had earlier said, even the VP's spokesman who is the Senior Special Assistant to the Vice President on Media and Publicity, Mr Laolu Akande, has also come out to say: "Both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements, for instance, these are not procurement contracts involving the expenditure of public funds,” he said. This shortlisting process had Kachikwu's input, yet it was the same Kachikwu that alleged that crude contracts had been awarded without his knowledge. Like I said before, let Kachikwu respond publicly to Baru's comments before any further statements can be made, because it appears that he has handled the whole relationship badly, by allowing things to deteriorate to this level. Nigerians are fond of throwing their ego into the mix, by expecting people to bow at their feet, once they get to a high level position. That is when you get to hear of words like 'insubordination etc'... really? How ridiculous is that? So a whole Chairman of NNPC Board cannot solve issues pertaining to insubordination quietly in-house, without leaking a memo to the press? This is simply an ego clash between both men. For Kachikwu to have pleaded with Buhari in his memo in this manner, shows that he has lost the plot. “That you save, the office of the Minister of State from further humiliation and disrespect by compelling all parastatals to submit to oversight regulatory mandate and proper supervision which I am supposed to manage on your behalf. Kachikwu needs to be reminded again, that the position of Minister of State does not exist within the NNPC Act. He should ask PMB to clarify the extent of the powers he (PMB) has given to him as Minister of State, and document it for all and sundry. Alternatively, he could push for an ammendment of the NNPC Act to include specific roles, responsibilities and powers for the Minister of State, and Chairman of the NNPC Board. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by EruditorII: 3:17am On Oct 16, 2017 |
Vivere: This excuse of what the law said about state minister is weak and overused. PMB did not approve contract. Osinbajo did not approve contracts and you are still talking about state minister not written in the law. Does that not show that PMB has done something illegal? Oya, spin it now that PMB did not do anything illegal. I am waiting. As a minister of state for the umpteenth time - he derives his powers from the substantive Minister as ALL state ministers do according to the law. This your hiding behind moot words is not working. If he had no role as it were, who then was tabling NNPCs issues to the FEC for goodness sake? Stop this talk about role and bla bla. PMB did not take NNPCs issues to the FEC and NO GMD IN HEAVEN AND EARTH CAN DO THAT. Only a member of the FEC can. Just rest this talk. Stop trying to be clever by half. The affairs of the corporation are being decided by the board of directors. Who heads that board? Kachikwu. To add clarity to the ambiguity of affairs - the BPP had detailed what fell under what. The contracts approved according to Kachikwu totaled $25B and that could not have been done in valuations less than what was stipulated as beyond the reach of the NTB. He put out the figures. Also, even the petty issues you described above after having been approved by the NTB must still pass through the NNPC board as they oversee all the AFFAIRS, PLANS and BUDGET of the whole corporation. You are just tying yourself into tortuous knots. There is no excuse whatsoever for Baru's insubordination. I really LOLed at that part of your rejoinder in red. It was laughable. It was not included in the BPPs recommendation but was the conclusion drawn by Baru and his cohorts in NNPC. That conclusion, according to the law is FA FA FA FOUL! I warned you that you were regurgitating the misrepresentations of the law by NNPC but you did not listen. To remind you again, I will ask; if the NTB gets to make contract approvals on their own and only defer to the FEC at higher limits who then will take the memo of such contracts to the FEC? I am waiting for you to respond to that. That statement is all shades of wrong. Another lawyer (a SAN, Quakers, on Law Weekly on Channels even said same). The NNPC board according to the NNPC ACT is responsible for CONTRACT APPROVALS. The NTB only implements contracts and directives of the board. Please, BPP cannot override the NNPC ACT and BPP did not. That conclusion was just conjecture and has been rendered null and void. The NNPC board is instituted to oversee all the activities of the NNPC and the NTB. In fact, the GMD who is a member of the NNPC board gets his directives from the board and even when he procures minor contracts for the daily running of NNPC he must still subject it to the oversight of the NNPC Board. That is the standard. Stop peddling zobo here. Kachikwu said Baru picked and chose when to get him informed or meetings to attend and which to delegate. That one is clear enough. You are doing a botched job if you think you are isolating one instance to show us that he was sometimes involved. You approved $25B contracts and only got the chairman of the NNPC board involved here and there - who the hell does that? What are you saying about Mr. Laolu Akande? He has exposed the farce that you wanted to shift to when you wanted to claim contract approvals came from the VP when PMB was away. The VP has denied your's and NNPCs claims that he did any contract approvals. And remember I asked you that question: I said why will he seek Kachikwu's input on personnel and not on contracts? You still have not answered and cannot because Baru was wrong and so are you. Now Kachikwu should have solved the issue in-house? How would he have solved it? By sacking Baru or overstepping the limits of his office? This is a puerile suggestion. Kachikwu did what he was supposed to do which is talk to the President. If he was as egotistical as you claimed why would he use the construction of humiliation and insubordination of his office? You are almost pulling excuses out of thin air. The law knows the limits of the Minister of state; the NNPC board chairman and a member of the FEC. Other well-seasoned lawyers know so and have stated so. Fair-mindedness and common sense have said so. So join Baru and stand against all these forces. I don't envy you people. |
Re: Maikanti Baru Responds To Ibe Kachikwu's Corruption Allegations by Vivere: 4:21am On Oct 16, 2017 |
EruditorII: What well seasoned lawyers? Falana and who? Kindly list all of them. Do they include all the SANs in Nigeria, or do they consist of all the members of the Nigerian Bar Association? If you read Falana's submission, you would see where he clearly said that PMB still has powers to issue approvals, even if he decides to delegate such powers. Or did you overlook that bit? You said: "As a minister of state for the umpteenth time - he derives his powers from the substantive Minister as ALL state ministers do according to the law." Please cite the relevant sections of that law right here, so we can all read it. Everyone has told you what the NNPC Act says, (an Act which regulates the activities of the NNPC and key players in the ministry), yet you are still here alleging that there is another law which grants a Minister of State full powers of a substantive Minister over NNPC. Please paste your own law here, so we can see the extent to which it conflicts with the NNPC Act. As for the BPP's recommendation, well kindly post the screenshot here too, if you have a hard copy of that recommendation, because it is obvious that from the way you are arguing, you have probably read the original report from the BPP in hard copy, not so? Anyone looking at NNPC'S response, made on behalf of Baru, can clearly see that the section pertaining to the BPP's recommendation was quoted directly from whatever document the BPP had sent to them. So far, the BPP has not denied making that statement, so what is your issue? You also said: "the BPP had detailed what fell under what." Good, I'm glad you saw that clearly. So what part of this statement does Kachikwu find so hard to understand? "The governing board (NNPC Board) is responsible for approval of work programmes, corporate plans and budgets, while the NTB is responsible for approval of day-to-day procurement implementation." And Laolu Akande's statement buttresses Baru's rejoinder, where he said that the "both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements, are not procurement contracts involving the expenditure of public funds,” he said. “Both transactions are simply a shortlisting process, in which prospective off-takers of crude oil and suppliers of petroleum are selected under agreed terms, and in accordance with due process." Kachikwu was the one crying wolf that Baru had received approval for contracts and sidelined him. Now since those agreements are not contracts, why was Kachikwu crying that they were contracts, which were not routed through him, especially since it has been clarified that not only were they routed through him, but he (Kachikwu) also contributed to the selection of the companies that were shortlisted? Baru has even clarified that there was no $25billion contract anywhere, as it was not possible to assign any value to the crude oil term contracts. So where did you get your own 25 billion from? In fact, Baru gave a full breakdown of the contracts under reference. Please go through the list again, with an open mind if you can, and you would see clearly that Kachikwu is just a cry baby who has lost the plot, with regards to how a leader can effectively manage his staff. SPECIFIC CONTRACTS MENTIONED IN THE HONOURABLE MINISTER OF STATE FOR PETROLEUM RESOURCES’ (HMSPR) LETTER TO MR. PRESIDENT PMB is back and has directed both Kachikwu and Baru to resolve their rift, and work together. I am sure that Kachikwu was disappointed at the turn of events. PMB has not come out to say he did not approve the contracts. And Osinbajo has clarified the kind of documents he approved (i.e. loans to finance the NNPC obligations to the JVs and IOCs, as can be seen clearly from this list.) Kachikwu should go back and put his house in order, drop his ego at the door and stop crying like a baby, about being sidelined.You are the one alleging that there were misrepresentations in NNPC's statement. Kachikwu has not come out to say so. In fact, he has been left looking like a toddler, whose favourite sweet was snatched from him, before he could finish it. If he still remains displeased by the turn of events, let him call it a day and seek another assignment, elsewhere. 1 Like |
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