REA Boss, Ahmad, Dragged to CCB over Alleged Breach of Contract Code

An aggrieved consultants in the Advanced Cargo Declaration/Cargo Tracking Note Scheme, Donnington Nigeria Limited has written the Code of Conduct Bureau (CCB) over the alleged unlawful role played by the Director General and Chief Executive Officer (CEO) of the Rural Electrification Agency(NREA), Mr. Ahmad Salihijo Ahmad, in the award of the project.

The firm in a letter of complaint dated April 25, 2023 and addressed to the CCB’s chairman, specifically accused Ahmad of conflict of Interest as well as breach of Section 5 and 6 of the CCB and the Code of Conduct Tribunal (CCT) Act.

According to the petitioner, it was wrong and unlawful for Ahmad to hold the position of a Director in Velocity Logistics & Marine Services Ltd (Velocity), while at the same time being  the  boss of the NREA.

Donnington Nigeria Limited in the letter recalled that while Velocity “was incorporated at the Corporate Affairs Commission (CAC) with RC:666694 with Ahmad as one of the directors in September 14, 2006, the federal government however appointed Ahmad as the Managing Director/ Chief Executive Officer of REA in 2019, adding that “the said appointment was accepted by Ahmad Salihijo Ahmad, without relinquishing his Directorship of the private Company, Velocity Logistics & Marine Services Ltd”.

Lead lawyer to the firm, Dr. R. O. Atabo, SAN, went ahead to point out that, “Ahmad, being a prominent personality in this administration, at the helm of affairs of REA and on the corridors of power, must have directly or indirectly influenced the ‘’No Objection’’ granted on 24th November, 2022 By Bureau of Public Procurement (BPP) for the fraudulent award of Contract for the Implementation of Advance Cargo Declaration/Cargo Tracking Note Scheme Regime to include Crude Oil Tracking to five  companies, including Velocity Logistics & Marine Services Ltd, on the Board of which Ahmad Salihijo Ahmad remains an active director, but must have deliberately refused to disclose the fact on oath to BPP, who in due diligence, would not have issued ‘’the No Objection’’, if the fact of such conflict of interest was disclosed. A suit has been instituted at the Federal High Court, Abuja in this regard”.

He argued further, “that the object of Velocity is such that Ahmad Salihijo Ahmad’s continuous sojourning as a Director of Velocity Logistics & Marine Services Ltd even as he serves as the MD/CEO of REA is tantamount to conflict of interest and contravention of Code of Conduct as a public officer as provided in Sections 5 and 6 of the Code of Conduct Bureau Act. Consequent upon the forgoing ’Dr. Reuben Atabo’ SAN humbly request the CCB to use its good offices pursuant to Section 23 of the Code of Conduct Bureau and Tribunal Act to investigate and sanction this impunity.

“Consequent upon the foregoing, we humbly request that you use your good offices, pursuant to Section 23 of the Code of Conduct Bureau and Tribunal Act, to investigate and sanction this impunity, recklessness, abuse of office and breach of Laws appropriately.

In the suit filed before a Federal High Court in Abuja, last year, the firm had asked the court to stop the federal government from interfering in the implementation of the Cargo Tracking Note Scheme.

Defendants in the suit are the Attorney General of the Federation and Minister of Justice, the Miinistry of Petroleum Resources, Federal Ministry of Finance and Ministry of Transportation.

The suit was as a result of the alleged breach of the contract agreement by the federal government.

According to the plaintiff, proposal for the re-introduction of Cargo Tracking Scheme as a source of foreign exchange earnings for the government was approved by the President Muhammadu Buhari on May 4,  2021 for implementation of Advanced Cargo declaration/Cargo Tracking Note Scheme Regime to include Crude Oil for exportation.

The Plaintiff said after the approval, it engaged two technical partners, Messrs Vortexa Limited, UK, and OPE World Dubai UAE respectively.

“The Plaintiff/Applicant brought the Technical Partners from the United Kingdom (UK) and the United Arab Emirate (UAE) for the display of the Advanced Advanced Cargo declaration/Cargo Tracking Note Regime to the Government agencies of the Defendants/Respondents on the requests of the Defendants and after the display, the agencies of the Federal Government of Nigeria were Satisfied.

“Following the request by the 1st Defendant and some of its agencies particularly the 37 and 4th Defendants, the Plaintiff/Applicant embarked on the procurement of a portal wherein it was charged about $370,000  and a deposit payment of $170,000  was made.

“The Plaintiff has expended over $3,000,000 in the process of complying with the requirements F. A “No Objection” Certificate was to be issued by the bureau of Public Procurement (BPP) which is the final stage of the process but the Bureau for Public Procurement (BPP) in defiance of the Presidential approval of May 4, 2021 has failed/ neglected to issue the certificate.

“It is necessary for this Honourable Court to restrain the Defendants from engaging any other consultants to execute the Advanced Cargo declaration/Cargo Tracking Note Scheme”, plaintiffs submitted.

Donnington Nigeria Limited accordingly prayed the court for an interlocutory injunction restraining the respondent either by themselves, agents, privies, and or servants from engaging another Consultant to implement the Advanced Cargo declaration/Cargo Tracking Note Regime or taking any steps or further steps in respect of the subject matter of this suit, other than the Plaintiff/Applicant pending the hearing and determination of the substantive suit.

The plaintiffs also prayed the court to make an order against the government of Nigeria from interfering or stopping the further implementation of the Advanced Cargo declaration/Cargo Tracking Note Regime already commenced by the plaintiff/Applicant pending the hearing and determination of the substantive suit.

The firm prayed for an order restraining the Defendants either by themselves, agents, privies, assigns, and or servants including any agency or agencies of the federal government of Nigeria from engaging any Consultant(s), Companies or firms, or nominating any other firm other than the Plaintiff/Applicant which was commenced through the Federal Ministry of Petroleum Resources sometime in 2021 pending the hearing and determination of the substantive suit.