Falana To EFCC: probe Stella Oduah And Prove that you are not scared of her
Foremost Nigerian Lawyer, Femi Falana SAN has written a letter to the Economic and Financial Crimes
Commission (EFCC), to probe the procurement of the N225 million armoured vehicles by the Minister of
Aviation, Princess Stella Oduah.
In the letter, the lawyer requested for further investigation into the matter, stating that documents of the
vehicles should be released and previous purchases of such vehicles,if ever made, should also be probed. The
fiery lawyer wants the anti corruption agency to show that it’s not scared of the woman.
See the letter below:
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