In a swift twist of events, the heat appears to be on the whistle blowers to substantiate the facts bordering on their allegation of N8 billion fraud at 1004 Housing Estate. This is even as the Management of the Estate, recently reeled out counter figures that tend to puncture earlier posited position of the accusers. Indeed, the last may not have been heard on the recent allegation of N8billion fraud levelled against the management of 1004 Estate Home Owners and Residents Association (HORA) in Lagos by the leadership of the Community Development Association (CDA) in the same Estate.
At a press conference held last Wednesday by CDA officials led by Mr. Matthew Ibadin, it was alleged among other things that over N8billion had so far been collected by HORA exco currently led by Barrister Lara Ademola; without accountability to the residents. Cases of monumental fraud were alleged against the Estate managers.
The conference was obviously prompted by an earlier one organised by the HORA leadership during which appeal was made to President Muhammadu Buhari and other well meaning Nigerians to save them from what they described as terror unleashed by those they called electricity thieves in the Estate. The CDA chairman, Ibadin was mentioned as being the leader of the terror group allegedly aided by the Divisional Police Officer in charge of Bar Beach Police State, Isah Lawal; a Chief Superintendent of Police.

Reacting to the multi billion naira fraud allegation, the HORA Acting Chairman, Ademola told journalists in an interview at the weekend that the allegation was not only unfounded but faulty in every respect as the Estate has not generated such money under her leadership nor Exco that had existed before her tenure.
Giving an account of income generation and expenditure in the Estate, Ademola said each flat resident currently pays an annual service charge of N626,000 as against N650,000 alleged by the CDA officials and the Estate currently has a total of 1074 flats. By calculation if every apartment pays, a total of N672,324, 000 would be realised.

She however disclosed that only 85% of the residents pay the annual service charge which amounts to a little above N570million as the annual income from that source. According to her, the remaining 15% are those who default in paying their service charge. “This group of people are the ones creating tension in the Estate and leading the pack is Matthew Ibadin, a professional photographer, who is a tenant and CDA chairman in the Estate

Out of the money generated annually, several companies that render services to the Estate are paid certain amounts that run into several millions monthly. From statement of account made available to the press, Alphmead which renders cleaning, gardening and security services and sundry maintenance is paid a total of N176.4million annually. The company collects N14.6million monthly

The HORA Chairman disclosed further that apart from Alphamead, other companies provide services in the Estate such as management of water plant, electricity supply, diesel supply for generators, waste disposal, elevators, security by police and civil defence, stationery supply and staff salaries.

“She explained that rendering of the services attracts a monthly expenditure that is slightly above N73million. She gave a break down of how the amount is disbursed to service providers thus: Creekwood N4.6m, Alphamead N14.6m, Mojec International N0.9m, Tygot Manpower N1.7m, Tygot Generator Repairs N3.5m, Diesel N18m, LAWMA N2.5m, Eko Distribution Company N21m, Elevators N3m, Internet/Stationery N0.035m, Civil Defence N0.450m, Police N0.240m, Staff Salary N1.7m, Legal/Professional N1m.

By Emmanuel Edom

With the average monthly expenditure standing at N73,369,846.00 it therefore means that a total of N880,438,152.00 is expended annually. This, according to Ademola, puts the Estate management in deficit as the income generated from service charge stands at N570million. Said she “with payment to companies that provide the aforementioned services, has the income not finished?”
Earlier in the day before the press conference last Wednesday addressed by CDA officials, members of the Lagos State House of Assembly Committee on Housing were in the Estate. It was gathered that their visit was prompted by a petition written by the 1004 CDA alleging among other things that snakes and rats have infested the Estate and that water in the Estate was brown in colour
Interestingly when the lawmakers toured round the Estate no snakes nor rats were found. More so, it was discovered that the former Managing Director of Lagos State Water Corporation, Mr. Shayo Holloway is the one managing the water plant.
Though during the visit some observations that had to do with ambiguity in the records of diesel supply at the Power Plant and this ambiguity was one of the highpoints leveraged on, in the allegation against HORA leadership as the diesel supply could be a conduit pipe for fraudulent practice.
Reacting to this, Ademola told journalists that there was nothing suspicious about diesel supply since they are dealing with four reputable companies among which are Forte Oil, Oando, Bell Point. According to her “when it comes to record keeping, every company or organization has its own method or style. At the 1004 Estate, we adopt docketing style made possible by our state-of-the-art metering system in diesel supply. This system makes it possible for the actual quantity supplied to be recorded as captured by the metering system.”
Explaining this further, the HORA Chairman said that diesel was usually supplied in 33,000 litre trucks but in terms of payment, only what was actually recorded on delivery would be paid for. For example, if the quantity of diesel supplied in 33,000 litre truck is short by 50 litres and the metering recorded 32,950 litres as the quantity supplied, the shortfall of 50 litres would not be paid for
Dismissing further, any insinuations about racketeering or use of relations in diesel supply, Barrister Ademola said that every supply of diesel since she took over leadership was monitored by her through the metering system connected to her office and only reputable companies are engaged in the supply. “This is apart from the physical presence of security personnel, operations staff and plant operators to ensure transparency.”
She added that prior to her assumption of office, payment for diesel supply was done on cash and carry basis, but since she took over, it has been done on 30 days credit basis. She explained that what led to the so called ambiguity when the lawmakers visited, was simply the inability of the plant staff on ground to provide duplicate copies of the dockets as key to the room where the file was kept was not readily available at the time of the law makers visit. Perhaps, they did not understand exactly what the lawmakers wanted.
The HORA chairman revealed that the shift in payment for diesel supply from cash and carry basis was because, cash availability was not regular. So it was quite difficult to take care of other expenses once the available cash was applied to payment for diesel on supply. She explained that the 30 days credit system was to enable them plan very well on resource allocation for other services as the Estate is made of a large number Nigerians and expatriates whose choice to live in the Estate was prompted by the availability of certain services from time.
Apart from service charge which accounted for less than a billion naira annually, the other source of income was the apartments rented out by HORA to three banks that operate ATM, a Chinese Restaurant and a school. She disclosed that since five years ago when a decision was taken to give the apartments out on rent, money realised so far had not been touched as it was agreed to be used in repainting the Estate buildings. The painting exercise is billed to take place in December this year.
According to her, an Estate Refurbishment Committee had been established in April, 2020 to work out modalities for correcting the anomalies and repainting of the Estate buildings. She added that the committee has been working with the assistance of the Nigerian Institute of Quantity Surveyors to “achieve this goal and the project is expected to commence at the end of the year.”
Among other things, the HORA Chairman said “,the battle that led to the smear campaign against the BoT and Exco of HORA began when I chose to clamp down and expose the electricity thieves and residents who refused to pay for service charge.”
She has therefore challenged Matthew Ibadin and others in his camp to prove their allegation with evidence beyond all reasonable doubt as “HORA never generated N1billion a year, not to talk of N8billion under her watch.” She is wondering where such money could have been generated.
She posited that all her arguments are backed up with documentary evidence and has declared readiness to provide the evidence to anti-corruption agencies of the state any time while her accusers should also be ready to do so.

The controversial National Water Resource Bill on Tuesday caused a row in the House of Representatives as members vehemently opposed the procedure adopted in passing the bill at the last sitting before it went on its annual vacation.

The controversial National Water Resource Bill on Tuesday caused a row in the House of Representatives as members vehemently opposed the procedure adopted in passing the bill at the last sitting before it went on its annual vacation.

The House had at its sitting of July 23, 2020 considered and passed the bill, which some members arguing the passage did not follow the normal procedure stipulated in the House rules while others insisted that the rules were followed.

Speaker Femi Gbajabiamila, who presided over plenary, however ruled after an intense debate the bill, which has already been passed be withdrawn and re-gazetted before being represented to the House for consideration.

The fireworks started when Ben Mzondu (PDP, Benue) moved a motion under privilege complaining the procedure for passage of the bill was faulty.

Mzondu argued order 18 of the House Rules stipulates that any bill passing from one Assembly to another must be re-gazetted before being committed to the Committee of the Whole for consideration, failure which the bill has to go through the whole process of legislation, starting from first reading.

He argued since the bill was not regazetted, it should have started de novo (from the beginning) as it is deemed to be dead from the preceding assembly, adding “If Nigerians say they do not want a bill, it should be put aside. It should be started expunged until it begins it journey de novo.”

Nkem Abonta (PDP, Abia) said the issue was constitutional, adding since the issue of water is covered in the Land Use act, the House lacked the jurisdiction to pass such a bill as it will go against the provisions of the constitution.

But Speaker, Femi Gbajabiamila was of the opinion that the issue at stake was procedural and it was imperative to dispense with it, adding usually, issues of privilege would not have been debated but for the sensitivity of the bill.

He said even though the issue raised by the lawmaker was fundamental, it would appear that it was gazetted in the 8th Assembly but Mzondu said the main issue was about regazetting since it was coming from the previous Assembly.

Fresh appointments to fill vacancies in the National Pension Commission (PENCOM) created uproar on the floor of the Senate on Tuesday.

Senators across party divides were upset immediately Senate President Ahmad Lawan read a letter from President Muhammadu Buhari announcing the nomination of Aisha Umar as the director general of PENCOM.

They alleged that the appointment breached the Federal character principle.

The letter equally announced Oyindasola Oni as nominee for the office of Chairman of the PENCOM.

Senate Minority Leader, Enyinnaya Abaribe had risen to protest the appointment in which Aisha Umar, a nominee from the North East, was picked to replace, the former Director-General (DG) of PENCOM, Mrs. Chinelo Anohu-Amazu, from South East.

He described the nomination as a flagrant breach of the Act establishing the PENCOM.

Abaribe pointed out that by the provisions of Section 20(1) and section 21(1) and (2) of the National Pension Commission Act 2014, “in the event of a vacancy, the President shall appoint replacement from the geo-political zone of the immediate past member that vacated office to complete the remaining tenure.”

Senator Abaribe maintained that the replacement for Mrs Anohu -Amazu must come from the South East.

“I recall that the tenure of the incumbent was truncated, therefore the new letter from the president that has now moved the Chairman of the Commission to another zone may not be correct because it is against the law setting up the National Pension Commission,” Abaribe said.

“Before you (Senate President) send it to the appropriate committee, I wish to draw the attention of the committee to it.”

In his response, Senator Lawan rebuffed Senator Abaribe’s point of order and observation.

“If there is any petition to that effect it should be sent to the committee,” he said.

It was later found out that senators across party divides are set to resist the nomination of Aisha Umar as DG of PENCOM.

One of the lawmakers who pleaded not to be named revealed that the opposition to the contravention of the act establishing the National Pension Commission cuts across the south east, southwest and the North central.

“We are set to meet tonight (Tuesday) to harmonise our positions,” the lawmaker said.

The lawmaker recalled that move by Vice-President, Professor Yemi Osinbajo to push for the nomination of Mr. Funsho Doherty from the south west as successor to Mrs Anohu -Amazu as the Director-General of the National Pension Commission (PENCOM) was frustrated in the past.

“Professor Osinbajo, as acting President could not push it through.

“They threatened him with impeachment and used the lawmakers from the North to block him, citing provisions of the same Pension Act.”

The lawmaker accused the President of the Senate of being a willing tool in the hands of the Presidency in its agenda of promoting the interest of a particular section of the country which he noted was contrary to the Federal Character Principle entrenched in the Constitution.

guardian

Barring any last-minute hitches, the Secretary of Nigeria’s Body of Benchers, Hajia Sadiya Turaki will tomorrow assume duties as the new scribe of the influential Federal Judicial Service Commission (FJSC).

Multiple and unimpeachable sources told CITY LAWYER that Turaki has been appointed by the commission chaired by the Chief Justice of Nigeria, Justice Tanko Muhammad as the new Secretary to replace Mr. Bassey E. Bassey who retired on September 23, 2020.

Turaki’s appointment is coming on the heels of allegations that the Nigerian Bar Association (NBA) may have been shut out of the appointment process, contrary to the provisions of Section 153(2) and 154(1) of the 1999 Constitution as well as Paragraph 12 Part 1 of the Third Schedule to 1999 Constitution. 

While Paragraph 12 (6) Part 1 of the Third Schedule to the 1999 Constitution stipulates that the membership composition of the FJSC shall include “Two persons, each of whom has been qualified to practice as a Legal Practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association,” CITY LAWYER gathered from impeccable sources that NBA has not participated in the decision-making process of the commission for over two years since the tenure of its former representatives ended.

Paragraph 13(c), Part 1 of the Third Schedule to the 1999 Constitution empowers the commission to “Appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the Judicial Service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.”

CITY LAWYER investigation shows that the last set of NBA representatives at the commission were Mr. Olumuyiwa Akinboro SAN and Hajia Fatima Kwaku (MFR) whose names were forwarded by then Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar to former President Goodluck Jonathan for transmission to the Senate for confirmation. Their five-year tenure ended on 3rd July, 2018.

A source who is familiar with the matter told CITY LAWYER that though the immediate past NBA President, Mr. Paul Usoro SAN made spirited efforts to ensure NBA’s representation at the commission, such efforts did not yield fruits. The source stated that though Usoro had on at least three occasions submitted the list of NBA nominees to the Chief Justice of Nigeria, there are strong indications that the list was not transmitted to the Senate through the President for approval. CITY LAWYER also gathered from unimpeachable sources that the names of two NBA nominees are still currently pending at the all-important commission.

Though CITY LAWYER sought the views of NBA President, Mr. Olumide Akpata on the development through a short messaging service and WhatsApp message to his verified telephone number, he promised that “I will call you back shortly” but was yet to do so at press time. 

Aside from NBA representatives, the commission’s membership comprises of the Chief Justice of Nigeria, who shall be the Chairman; President of the Court of Appeal; Attorney-General of the Federation; Chief Judge of the Federal High Court; President of the National Industrial Court, and “Two other persons, not being Legal Practitioners, who in the opinion of the President are of unquestionable integrity.” The non-lawyers are Senator Abba Ali and Malam Mohammed Sagir. However, only NBA is currently unrepresented in the 9-member commission.

The commission’s Secretary doubles as its Chief Executive and Accounting Officer.

CITY LAWYER

The Gazette has uncovered a hiring anomaly that could potentially tip the ethnic and religious balance of national security in favour of a section of the country for decades.

Director-General Yusuf Bichi has activated a lopsided hiring process that could overfill the State Security Service with personnel from the northern parts of Nigeria, Peoples Gazette can report based on official documents and contributions of senior intelligence officials.

The Gazette’s findings obtained over a period of two weeks show that the North has a massive share of the roughly 1,300 Nigerians currently undergoing cadet training at two different camps of the secret police in Lagos and Bauchi. 

Of the total 628 cadet trainees who had resumed at the Bauchi facility as of September 23, 535 identified themselves as trainees joining the service from either the Northeast or the Northwest. Only 93 were from either the Southeast, South-South, Southwest or North-Central, according to recruitment filings sighted by the Gazette.

The Gazette’s findings also show that at least 71 of those currently undergoing cadet training hail from Bichi Local Government Area, Kano State — the director-general’s home local government area. Officials said the number was more, but the Gazette could not independently confirm the higher figures — as well as a slew of other disturbing allegations of bigotry against Mr. Bichi — prior to this publication.

The list of candidates was not compiled by state, but officials believe a state-by-state breakdown would exist at the headquarters in Abuja.

In Lagos, the Gazette was unable to obtain official attendance records of trainees at the camp in Ojo, but multiple participants, including senior officials, said Mr. Bichi disregarded the federal character concept and skewed the process for Nigerians from the North.

A top official estimated 708 trainees were at the Lagos training facility as of September 26. Officials were unsure how many people were taken as cadet trainees in total because some were still arriving three weeks into the six-month exercise. 

Senior intelligence officials said even though the sectional disparity mirrors Nigeria’s reality under President Muhammadu Buhari, they are, nonetheless, worried that the development could potentially tip the ethnic and religious balance of national security in favour of a section of the country for decades. 

“Some of us are worried less about the audacity of focusing on one part of the country to bring in new cadets than we are about its long-term implications,” a senior SSS official told the Gazette via a secure video channel last week. “We know he might find it difficult, but the DG would leave a better legacy if he sees himself first as a Nigerian.”

All SSS officials who provided documents and inside information about Mr. Bichi’s sectional recruitment drive did so under strict anonymity, citing grave personal and career risks. The Gazette agreed not to name them in line with its editorial policy on anonymous sources.

Man and moment meet

In July, the Yellow House sent out a memo to all state and FCT commands, informing them that Mr. Bichi had ordered a fresh round of recruitment for the agency’s next generation of intelligence officers.

Mr. Bichi directed that each state command should conduct a rigorous selection process and forward four successful candidates to the headquarters for possible admission into the service. The DG also imposed strict entry guidelines for every potential recruit, according to the July 6 memo obtained by the Gazette.

The directive also cancelled a 2018 recruitment process that was underway at the time, but said those who were successful in that process may join the fresh exercise. 

Mr. Bichi emphasised that the four candidates for each state must be below 30 years of age and be selected across the three senatorial districts that make up a state.

The Gazette confirmed that all commands complied with the directive, conducted a thorough selection of four candidates and sent the results to the headquarters. 

But shortly after the candidates were cleared and sent to the headquarters before the July 15 deadline contained in the memo, Mr. Bichi seized the moment and initiated a recruitment process of his own, the Gazette learnt.

On September 1, Mr. Bichi told a few officials at the Yellow House to call people from a prepared list and offer them a role at the SSS. Those who were called were immediately asked to go to the Lagos or Bauchi training school, officials said.

Starting September 8, cadet candidates reported for training in Lagos and Bauchi, in some cases without the awareness of the director of state security in the state they applied from, documents and officials said. 

“I just heard that some people from the state where I work, including some who did not make the cut for the four candidates we selected and passed to the headquarters, had reported to the training school either in Lagos or Bauchi,” an SSS chief said.

“Based on the four-per-state arrangement, only 148 people should have been employed across 36 states and the FCT,” the SSS chief said. “But we suddenly discovered that training schools in Lagos and Bauchi had over 1,300 between them.”

Mr. Bichi kept the list of those he had been sending to the training school secret, officials said. It was unclear how many people he intended to recruit, but they kept showing up.

Resume now, train later

Mr. Bichi has kept the process largely to himself, making it difficult for insiders to access his list or the criteria with which he was selecting cadet candidates, officials said. 

For a long time, the SSS did not admit candidates who had a third-class university degree or lower into the service. Only those who did well in university and polytechnic were admitted as a security intelligence officer (level two), equivalent to an assistant superintendent of police.

In recent years, however, the service has been admitting candidates who graduated with a third-class, but it has been placing them on a rank below that of a security intelligence officer, officials said. 

In Bauchi, some of the candidates were asked not to bother checking in for training at all, the Gazette learnt.

In at least one case, a candidate was asked not to go to Bauchi for training, but to resume directly at the SSS state command in Kano, the Gazette learnt.

A female third-class graduate resumed at the Kano State field office of the secret police on September 22 without undergoing training. Her employment letter said she should resume immediately as a cadet officer but go for a basic course training in 2021.

The Gazette’s findings show that the woman is also from Bichi Local Government Area. Her identity was redacted based on legal considerations.

In Lagos, the 708 candidates undergoing training are so many that some lecture halls have been converted to hostels, the Gazette learnt. The facility was not sufficiently equipped to take in as many trainees at once, officials said.

Catching up

Mr. Bichi’s regional recruitment agenda came three years after his predecessor implemented a similar hiring process that failed to reflect Nigeria’s diversity. 

In 2017, Premium Times revealed how the 479 cadet officers that were commissioned from the 2016 recruitment exercise were substantially from the North. Lawal Daura was in charge of the SSS at the time.

The SSS did not respond to the report because it had no substantive spokesperson at the time. But a spokesman for Mr. Buhari justified the lopsided hiring as a deliberate measure to correct an existing regional imbalance in the service.

Although the administration’s statement at the time was widely ridiculed as false, officials told the Gazette it is largely true that the SSS has more officers from the southern parts of the country. 

Mr. Daura’s lopsided recruitment was never rescinded, although Nigeria is roughly split by population and religion between arid North and tropical South. 

“It is true that there are more southerners in the service,” an official said. “But that is partly because more southerners were enlisting when the service was using stringent criteria.” 

Since Mr. Buhari assumed office, however, more Nigerians from the North have been employed into the service, and officials said would soon outnumber southerners among the staff. Mr. Bichi has conveniently seized the general atmosphere of the administration to implement his own vision. 

“At this rate, all we need is a short time,” the official said. “No one in service is really against having more officers from the North, but it has to be based on merit and equity.” 

Officials also said Mr. Bichi, Mr. Daura’s long-time associate, was determined to take in as many people as he could before the country’s central government returned to southern control.

“He is determined to put many northerners in the system so they can be quickly regularised and firmly ingrained in the system before a southern president takes over,” an official said. “They will quickly become line managers and ready to take commanding roles anywhere they are posted to serve.” 

“Those of us in national security practice know that Nigeria is controlled by the SSS and the Nigerian Army,” the official said. “It might sound controversial and it might change in future, but it is the reality today.”

‘One Nigeria’

The SSS declined multiple requests for comments from the Gazette for this story. Its spokesman, Peter Afunanya, repeatedly promised but failed to get back after seeing messages from our reporters.

Lopsided hirings were reported against previous administrations, but Nigerians are getting increasingly alarmed by how brazen and widespread they have become under Mr. Buhari. 

Despite apparent imbalance in his appointments, Mr. Buhari has vigorously rejected criticism of a sectional agenda, often finding enough anecdotal evidence to advance his own narrative.

Officials said Nigeria’s overall interest would have been better served had Mr. Bichi allowed its diversity to guide his hiring policies. 

The country will celebrate 60 years as an independent and united entity on October 1, and the administration has already unfurled a new emblem for the occasion. 

An apparent reluctance of the political elite to rein in a tendency of bigotry amongst Mr. Buhari’s top aides has deepened fissures across ethnic and faith lines, said public affairs analyst Liborous Oshoma.

“It is quite shameful and unfortunate that Nigerians who were known to be vociferous are now quiet, leaving the ruling government to continue its divisive tactics unchecked,” Mr. Oshoma said. “We have now become so docile in the face of glaring inequality and nepotistic practices.”

Mr. Oshoma, a Lagos-based legal practitioner, said everyday Nigerians are not inherently bigoted, but many still take their cue from selfish political figures.

“Those who are oppressing us are fewer than those of us being oppressed,” Mr. Oshoma said. “Our leaders should be uniting us on the basis of equity, justice and fairness, rather than creating division and fanning the embers of discord.” (peoplesgazette)

LAWBREED ACADEMY is the educational and training arm of LAWBREED LIMITED, the authorized publishers of the official Law Report of the Supreme Court of Nigeria- SUPREME COURT REPORTS (S. C. Reports) invites you to a Webinar Seminar:

The objective of this webinar is to host a conversation to further enlighten lawyers on how to manage/handle some key issues of life, such as creating and managing wealth and doing so living a balanced life. A general and prevalent feeling of despondency no doubt can negatively impact justice delivery, so the need to do what we can in our own little way

Topic: MONEY MATTERS AND THE LAWYER’S WELL- BEING series 2

Date: 3rd of October, 2020

Time: 5-7 pm WAT

Our Panelists include:

Mrs. Toyin F. Sanni: GCEO, Emerging Africa Capital Group, and President CIIA

Dr. Maymunah Yusuf Kadiri: Consultant Neuro Psychiatrist, C.E.O Pinnacle Medical Services.

Mr. Ajibola Olomola: Partner & Head Deal Advisory, M & A, Tax Services KPMG in Nigeria

Click here > https://bit.ly/33ZSf40 to know more about our panelists

Moderator of the Event: Abiola O. Laseinde, FCIS MCIArb, CEO, Edniesal Consulting

Please register using the following link: https://zoom.us/meeting/register/tJ0lfuyqrT4tHNV-4PiX8QgYbyoOHkWd1mgh