Misappropriation of Funds: Pointblank’s Unfounded Allegation Against Former TETFUND And UBEC BOSSES

Kindly refer to your 21st November,2012 breaking news story on the subject matter above. Ordinarily, the Independent Service Delivery Monitoring Group(ISDMG)would not have opted to do this rejoinder since non of our members or trustees are staff of both organizations but given the fact that the ISDMG in the course of carrying out our responsibility as a Civil Society Organization had assessed the activities of the then ETF and later TETFund both before and during the tenure of Prof Mahmood Yakubu as Executive Secretary , we are compelled to correct some obvious distortions and outright misrepresentation of facts in the news item lest they become accepted by the unsuspecting public. We are also constrained to write this rejoinder given the fact that we are privy to the facts of the matter having interrogated the issues invoved while preparing the second edition of our Group’s service delivery report for public institutions which was recently unveiled. It may interest you to know that for two years running the TETFund under Prof Mahmood Yakubu has been adjudged the Most Outstanding Public Istitution in Nigeria and not for any other reason but for its transparent, accountable and pragmatic approach to education interventions , little wonder it as consistently received the backing of the usually very cynical unions in the sector. Now to the facts of the matter.

In 2007, the Board of Education Trust Fund (ETF) now Tertiary Education Trust Fund (TETFund) approved a request from the Universal Basic Education Commission (UBEC) and allocated the sum of N850m to the Universal Basic Education Commission (UBEC) for the procurement and supply of plastic chairs and desks (Phase 2) to basic education schools nationwide.

The letter of allocation requested UBEC, as the implementing agency, to comply with due process in the award of the contract and provide evidence of same before funds could be released in two installments in line with the Fund’s procedure.

In the course of implementation, UBEC had a disagreement with a company, Intermarkets Nigeria Ltd. In 2008, the company dragged UBEC before the Federal High Court. In the suit, TETFund and the Federal Ministry of Education were joined but only as funding agency and supervising Ministry respectively. Since then, the matter has been before the Court and therefore sub judice. UBEC is yet to comply with the requirements of accessing the funds.

Our investigation indicates that in the latest twist to the case, the plaintiffs/Respondents prayed the Judge to order the transfer of the funds into an interest yielding account under the Court’s custody. In a Ruling, the Federal High Court, Abuja, granted the relief. TETFund was directed to comply with the Court Order and indeed took steps to do so as reported by Pointblanknews.com. However, UBEC’s lawyers advised TETFund to stay action pending an appeal for Stay of Execution against the Ruling to the Court of Appeal, Abuja Judicial Division, thereby exhausting all legal avenues as expected of responsible managers of public trust.

In an Order Ref. No. CA/A/484/M/2011 dated Monday 22nd October 2012, Their Lordships Hon. Justice Z. A. Bulkachuwa (Presiding), Hon. Justice H. Mukhtar and Hon. Justice R. O. Nwodo granted an Order of Interim Stay of Execution of the Ruling of the High Court FHC/ABJ/CS/559/2008 dated 29th July 2011. This means that TETFund is under no obligation to transfer the funds to the High Court’s interest yielding account at the moment and it has not. Pending the determination of the application for Stay of Execution, the funds remain in the custody of the Central Bank of Nigeria (CBN). This is the current legal position contrary to Pointblanknews.com’s claim. The case comes up on 27th November 2012. Any consequential action must await the determination of the application for Stay of Execution by the Hon. Justices of the Court of Appeal.

TETFund has so far not released a kobo to UBEC for Phase 2 of the plastic chairs and desks project. The question of financial misappropriation of the salacious and mindboggling figure conveyed in Pointblanknews.com’s report does not therefore arise.

We should always be circumspect in the way we impeach people’s character without basic due diligence.

Dr Chima Amadi

Executive Director,

Independent Service Delivery Monitoring Group,

Suite 84/85 Banex Vom Plaza,

Aminu Kano Crescent,

Wuse 2, Abuja

info@isdmg.org

isdmgnig@gmail.com