Unanswered Questions By Aviation Minister, Ms Stella Oduah – Femi Falana

November 2, 2013

The Chairman,

Economic and Financial Crimes Commission

No: 5 Fomella Street,

Off Adetokunbo Ademola Crescent,

Wuse II, Abuja-Nigeria.

RE:REQUEST FOR INVESTIGATION OF ECONOMIC CRIMES OF FRAUD AND EXTORTION OF THE SUM OF N255 MILLION BY THE AVIATION MINISTER, MS STELLA ODUAH.

Our petition in respect of the above subject matter refers.

Following the press conference held by Captain Fola Akinkuotu, the Director-General of the Nigerian Civil Aviation Authority(NCAA) at Abuja on October 18, 2013 we requested for information on the documents relating to the purchase of the two armoured cars at the sum of N255 million for the Aviation Minister, Ms Stella Oduah by the NCAA.

Since Captain Akinkuotu claimed that it was the practice of the NCAA to purchase such armoured cars we equally asked for information in respect of previous purchase of such vehicles.

In a prompt reply to our letter of request the NCAA disclosed that had never bought any armoured cars before now. The NCAA also claimed that it does not have documents relating to the controversial armoured cars. This has raised the question as to whether the cars have been acquired by the NCAA. More so, that the chassis numbers of the two BMW cars  shown to the Aviation Committee of the House of Representatives at the Abuja airport do not tally with the ones purportedly purchased by the NCAA.

Although the Minister appeared before the House Committee on Thursday, October 31, 2013 she was deliberately not asked the relevant questions on the criminal enterprise. However, from the facts and circumstances of the illegal transaction it has been established that:

1.There was no appropriation for the sum of N255 million for the acquisition of armoured cars in the Appropriation Act, 2013.

2.The Aviation Minister exceeded her approval limit as only the Federal Executive Council can approve any transaction of N100 million and above.

3.The transaction did not comply with any of the provisions of the Public Procurement Act.

4.The prices of the two cars were inflated by the auto company in connivance with the Aviation Minister and the management of the NCAA.

5.The loan of N643 million sourced from the First Bank Plc for the purchase of operational vehicles for the NCAA was not approved by the National Assembly.

6.The repayment of the loan in 36 months by the NCAA is tantamount to contract splitting in contravention of the Financial Guidelines of the Federal Government.

7. That the Aviation Minister admitted her involvement in the extra budgetary purchase of the cars when she gave illegal approval before directing the NCAA officials to “do the needful”!

8. The Media Assistant to the Aviation Minister who claimed that the armoured cars were purchased for the “safety” of his boss has not denied the official statement.

9. The Ministry of Aviation conspired with the auto company to evade the payment of appropriate duties on the armoured cars to the coffers of the Federal Governmen as they obtained duty waiver by false pretences from the Federal Ministry of Finance.

10. The First Bank Plc  entered into an illegal loan agreement with the NCAA to finance the illegal transaction from the internally generated revenue of the NCAA. Under the law loans can only be approved by the legislative arm of government fo fund capital projects and not for the  purchase of cars.

11. The Aviation Minister and the NCAA management conspired to  divert the revenue generated at the airports which ought to have been paid to the Federation Account  pursuant to section 162 of the Constitution.

12. It has been confirmed that the Aviation Minister equally caused the Federal Aviation Authority of Nigeria (FAAN)  to purchase four limousines and two jeeps for her at a cost of over N276 million.

13. The FAAN has also taken an illegal loan of N1.3 billion from a bank which is payable from the revenue collected by the parastatal on behalf of the Federal Government.

In the light of the foregoing you will agree with us that the Aviation Minister and her agents should be tried for gross economic and financial crimes as they  wilfully violated the relevant provisions of the Constitution, the Public Procurement Act as well as the relevant Circulars and Financial Guidelines of the Federal Government.

While assuring you of our co-operation to ensure a successful inquiry  kindly forward a copy of the investigation report to us not later than November 8, 2013 on the authority of Dogogo v EFCC (2013) 1 NWLR (Pt 1336) 468 at 523  where the Court of Appeal held that “The appellant is entitled to the investigation report on his private right as the petitioner. See Article 9 of the African Charter. The generality of the public are not entitled to that information until the person suspected is arraigned before a competent court for trial.”

However, if you fail to accede to our request we shall not hesitate to apply to the Federal High Court for an order of mandamus with a view to compelling you to carry out your statutory duty in the circumstance.

As we wish you success in the investigation of the  scandal please accept the assurances of our highest esteem.

Yours sincerely,

FEMI FALANA, SAN

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