$418m Paris Club Refund Row: Governors Slam Consultant

The NGF denied alleged receipt of $100million from Nwoko to fund elections in Ekiti, Ondo and Bauchi states.

The governors accused Nwoko of an alleged attempt to obfuscate the real facts and legal issues.

They insisted on pursuing all appeals on the judgments on the Paris Club refunds.

They asked the Attorney-General of the Federation, Abubakar Malami (SAN), Nwoko and other aggrieved consultants to allow the judicial process to run its full course.

Besides, the governors said Nwoko was not a member of the committee that reconciled figures under the Paris Club refunds.

They released the list of seven claimants to the controversial USD$418,953,690.59, saying Nwoko was not alone.

The governors made their position known in a statement in Abuja by the Director, Media and Public Affairs of NGF, Abdulrazaque Bello-Barkindo.

The statement said: “If Ned is sure of his facts, he is at liberty to approach the necessary authorities to bring to justice any person or persons and all conspirators (including himself) who were allegedly involved in misappropriating public resources for campaign financing.

“The NGF hereby states unequivocally that it has not at any time been involved in or been in receipt of USD$100million or any other funds from Ned Nwoko to finance elections in any state.

“The NGF is an apolitical organisation that operates under defined principles targeted at good governance.

“Its role in the whole of this Paris Club refund debacle to consultants is to ensure that Nigerian citizens are not unlawfully deprived of resources meant for their development.”

The governors urged Nwoko and other consultants to allow the appellate courts to determine the merit or otherwise of all cases.

The statement added: “The NGF and its leadership remain focused and determined to diligently pursue all appeals on the judgments on the Paris Club refunds.

“All that it requests of the AGF and the consultants is to allow the appeal processes to run and be exhausted.

“It may be that the consultants will successfully defend the appeals after which they will be paid.

“However, if they lose as Riok Nigeria Ltd has lost, which is the most likely verdict that shall befall all the other consultants, let the public funds in issue remain protected.

“We urge Ned Nwoko and the other consultants to end the media war and direct all energies towards defending the appeals.

The governors said if the consultants have a good case, they ought not to have a phobia of the judicial process.

The statement said: “It is an irony that Ned and other consultants who flaunt judgments of courts as justification for payment are now uncomfortable and jittery when the same judgments are tested on appeal.

“An appeal is not a circumvention of a judgment as Ned may want the public to believe. It is a constitutional right. The consultants have no choice but to pursue the various appeals.

“While Ned has vowed to fully enforce the judgment in FHC/ABJ/CS/130/2013; may we remind him that the law does not permit the enforcement of a judgment that is on appeal.

“Let him reserve all his vituperations against the NGF Chairman and canvass them on appeal as the law may permit him.

“Understandably, the Supreme Court has in its judgment dated 3rd June 2022 sent a clear signal in Suit No 337/2018: Riok Nig Limited vs NGF and others that the claims of the consultants are unequivocally unconstitutional as funds of states and local governments cannot be attached in the Federation account in the manner approved and pushed by the AGF

“Let the consultants, therefore, have their day in court with the NGF and upon victory; they can seek to be paid.

“It is absurd to pursue payment in the face of all pending cases.

“While the consultants are strangely emboldened by those who should ordinarily oppose the payment and protect public trust; the law is not silent. It upholds the truth at all times no matter how long it takes.

“No professional advocacy or media campaign to hoodwink the public can change the law.

“We are not unmindful of the ridiculous claim by one of the consultants that it was his media campaign that swayed a Federal High Court judgment in favour of the NGF.

“The governors, who alleged that the consultancy fees were not justifiable, raised some posers for Nwoko and others…

“The facts are and will always remain: whether the claims of the consultants are lawful and justified under our constitution and whether any judgment which is a subject of a pending appeal can be enforced or executed as the consultants now attempt to do?

“If both questions are answered in the negative, it does not matter if the contracts leading to the claims were entered into by any public official, past or present.

“No person or persons can agree to blatantly circumvent our Constitution and get away with it. Neither is the period when judgments were obtained of consequence in this case.

“Undoubtedly, the salient facts on the fraud associated with the Paris Club refunds can never be changed by a thousand press statements by the AGF or any of the consultants as the judgments of the appellate courts particularly that of the Supreme Court, have begun to expose the creepiness and unlawful nature of the consultants’ claims.”

The governors also accused some consultants of desperation.

They said the consultants’ bid to get money before the appeal is determined will “foist a situation of frustration and helplessness on the states”.

The NGF added: “This is apparent as the consultants are not in a position to restore the funds to the states if they lose on appeal; as it is becoming apparent.

“It is, therefore, needless joining issues with Ned Nwoko or indeed any of the consultants.”

The governors unveiled the consultants and lawyers they have issues with on the Paris Club refund.

The statement said: “While he (Nwoko) strenuously tried to single out and justify his own bogus claim of USD$68 million; the total amount which all the consultants working in concert, collectively seek and claim from the states and local governments, albeit unlawfully is USD$418,953,690.59.

“It is broken down as follows: Ned Munir Nwoko ($68,658,192.83), Dr. Ted Isighohi Edwards ($159,000,000), Panic Alert Security Systems Ltd ($47,831,920), Riok Nig. Ltd (USD142,028,941.95), Prince Orji Orizu (USD1,219,440.45), Olaitan Bello (USD215,195.36). Total: USD$418,953,690.59

“It is instructive to note that all the claims by the consultants are rooted in Suit No FHC/ABJ/CS/130/13 between Linas International Ltd & 35 others vs Federal Government of Nigeria & three others in which Ned Nwoko instituted, and was awarded a bogus 20 per cent of the sum of $3,188,078,505.96 from the states and local government Paris Club refunds.

“The judgment has been challenged on appeal by the states and NGF in Suit No CA/ABJ/PRE/ROEA/CV/327M1/2022: Attorney-General Of Abia State & 35 others vs Linas International Ltd & 239 others.

“The attempt by Ned, therefore, to separate his claim of $68 million as if it is not related to the claims of other consultants is being clever by half.

“All the consultants claim to have rendered the same or similar service of helping the states and local governments to recover over-deducted Paris Club refunds by the Federal Government or performed some contracts to be paid from the Paris club refunds.

“Their cases therefore rise or fall together. A poison of the part is a poison of the whole. What is unlawful remains unlawful.

“Its origin is immaterial and the part or role played by all parties separately or collectively at all times is unlawful and cannot be remedied.

“It does appear that the romance between the consultants and their determination to fight together under the AGF’s tacit coordination to pull out of the states the sum of USD$418,953,690.59 may have suffered a crack.

“This must have led Ned to address the press alone and single out his unmerited claim of $68 million as justifiable.

“This is also coming just on the heels of a similar press briefing by the AGF a few days ago during which he stoutly defended all the consultants and berated the states for opposing or delaying the prompt payment of the sum claimed.

“It was thought that the AGF had done a good job of defence for all of them, but Ned’s decision to go solo to make his own case without reference to others suggests that the union of consultants is gradually falling apart.

“What Ned did not tell the public is: If all the local governments engaged him directly as claimed and if he acted for the states through his lawyers and the NGF requested that he extends the services to all the states as also claimed, what different service did Ted Iseghohi, his collaborator render for which he is being paid the whooping sum of $159,000,000 also from the Paris Club refund?

“In his desperation to justify his claim, Ned peddled untruths that his team was a member of the Federal Government Committee constituted to reconcile figures under the Paris Club refunds to the states and local governments.

“The report of that committee dated May, 2007 shows that only the Federal Ministry of Finance, OAGF, Central Bank, Debt Management Office and the Revenue Mobilisation Allocation and Fiscal Commission (secretariat) were members.

“Private persons who were not privy could not have been included in a committee that was meant to examine purely public financial records.

“It was this Committee that did all the work now claimed by Ned and the other consultants.”