Falana gives EFCC 13 grounds to prosecute Oduah

Lagos lawyer, Mr. Femi Falana (SAN), has
given the Economic and Financial Crimes
Commission 13 grounds to prosecute the
Minister of Aviation, Ms Stella Oduah, and
"her agents" for gross misconduct in the
purchase of two armoured cars at N255m.
In a November 2, 2013, letter to the EFCC
chairman, Mr. Ibrahim Lamorde, Falana also
gave the commission up till November 8 to
make available to him the investigation report
on the matter.
Relying on the Court of Appeal's decision in
the case of Dogogo v EFCC (2013), the lawyer
threatened to sue the EFCC if it failed to carry
out its "statutory duty".
He accused the House of Representatives
committee before whom Oduah appeared on
October 31, of deliberately not asking her the
relevant questions on the "criminal
enterprise".
But he said facts and circumstances of the
"illegal transaction" had established, among
others, that "there was no appropriation for
the sum of N255m for the acquisition of
armoured cars in the Appropriation Act,
2013."
He also said the minister "exceeded her
approval limit as only the Federal Executive
Council can approve any transaction of
N100m and above; and the transaction did
not comply with any of the provisions of the
Public Procurement Act."
Other grounds canvassed by Falana include,
"The prices of the two cars were inflated by
the auto company in connivance with the
aviation minister and the management of the
NCAA.
"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.
"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.
"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"!
"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.
"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.
"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.
He therefore asked the anti-graft agency to
hasten to try the minister and her agents "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."
He threatened to apply for an order of
mandamus to compel EFCC "to carry out your
statutory duty" if it failed to acceded to his
request.