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Phantom Auditor General’s Report and ‘N123billion Fraud’: In Defence of My Name.

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By Stephen Oronsaye.

My attention has been drawn to yet another attempt at character assassination against my person by means of false allegations in a report first published online in the Premium Times on September 15, 2014 and subsequently in some other Nigerian newspapers.

As on a previous occasion when I refused to join issues with the authors and publishers of similar false allegations and reports, I would ordinarily have chosen not to dignify the targeted hateful innuendoes in the misleading report entitled: “Auditor General’s Report Indicts Ex-Head of Service, Oronsaye, For N123 billion fraud” with any response, especially since the so-called audit report has been dismissed as a work of fiction. However, since my silence is capable of being misconstrued by the reading public, it has become necessary for me to set the records straight.

While it is not in my character to enumerate the successes I recorded in the different positions I have been privileged to hold, the records clearly attest to the fact that I did my best possible to reform the pension administration of the Service while I was Head of the Civil Service of the Federation between June 2009 and November 2010.

Therefore, it is quite curious that although “the audit report” was said to cover the period 2005 to 2010, the sponsors of the report only found it convenient to focus on the period in which I was in office and even in doing so, deliberately overlooked the period during which I and my team made efforts to address the problems associated with pension administration at the time.

The online report alleged that the “audit report” which the Office of the Auditor-General for the Federation has since disclaimed, found that the pension payroll was never subject to internal audit between June 2009 and December 2010; and that over N52 billion paid out as monthly pension was not presented for internal and federal audits for prepayment audit as required by Nigerian financial regulation (sic).

In actual fact, I worked closely with the Internal Auditor in the Office of the Head of the Civil Service of the Federation at the time. It was this Internal Auditor’s report that actually prompted the setting up of the Pension Reform Task Team at the time. This can be verified from the official records. As a Chartered Accountant and having served as Permanent Secretary prior to my appointment as Head of the Civil Service of the Federation, I am fully conversant with the imperatives of accountability and the implications of not applying the rules.

For the records, the major gap identified in the administration of civil service pensions when I came on board in 2009 was the lack of proper records. My team and I made far reaching efforts to address this shortcoming through the physical verification and biometric capture of civilian pensioners across the 36 States of the Federation and the Federal Capital Territory (FCT) who retired from the Service before July 1, 2007.

Through that exercise, the Office of the Head of the Civil Service of the Federation identified and eliminated no fewer than 70,000 (seventy thousand) fake/ghost pensioners from the pension payroll. To my credit and that of my team, and the relief of pensioners, 34,432 (thirty four thousand, four hundred and thirty two) pensioners who had hitherto never been paid their pension at the time, were enrolled and paid their pension as well as the arrears of their harmonized pension. In addition, under my watch, the Federal Government made a monthly saving of about N1 Billion.

Perhaps if the sponsors of the report were not so lazy, they would have dug out the letters I did to the then National Security Adviser (NSA) on December 10, 2009 (Ref: HCSF/061/S.1/III/250) and November 8, 2010 (Ref: HCSF/061/S.1/VI/53) drawing the attention of the NSA on both occasions and requesting for investigations into unclaimed pension benefits that were hitherto fraudulently paid into certain bank accounts.

In like manner, I wrote to the then EFCC Chairman in November 2010 vide letter reference HCSF/061/S.1/VI/54, forwarding four spiral-bound documents containing the names of different categories of supposed pensioners and the banks to which the funds were hitherto paid. The document was put together by the then Director, Pension Department in the Office of the Head of the Civil Service of the Federation.

In that letter, I drew the attention of the EFCC Chairman to the fact that “prior to the introduction of the integrated e-payment, pension benefits were paid to banks and all the payments were supposedly claimed by the bona fide beneficiaries. However, with the introduction of the integrated e-payment system, no one had come forward to claim the pensions that were hitherto paid to the banks for onward payment to the pensioners.” I therefore requested the EFCC to cause an investigation to be made into the matter with a view to resolving all the issues and prosecuting all those found culpable.

In another related matter, I had cause to write to the Central Bank of Nigeria (CBN) in August 2010 (Ref: HCSF/061/S.1/V/81), forwarding a 561-page record containing names and account numbers of 11,732 persons alleged to be fake pensioners but who were paid pension in their names for the month of May 2010, through banks stated. Again, I requested for an examination of the banks to ascertain how the funds were applied.

 

Contrary to claims that over N52 billion paid as monthly pension during my tenure remained largely unaccounted for, I actually ensured transparency in the administration of pension through the biometric measure mentioned above among others. The full report of the Pension Task Team, which was released after I had left office in 2010 would clarify this position.

It is also uncharitable for anyone to concoct a report suggesting that as Head of the Civil Service of the Federation, I oversaw an era of corruption in pension administration to the low level of receiving kick-backs totaling N1.03 billion from the Nigerian Union of Pensioners (NUP). It is on record that I repeatedly faulted the NUP for deducting check-off dues from its members, contrary to the provisions of the Constitution of the Federal Republic of Nigeria and in fact wrote to the Attorney-General of the Federation and Minister of Justice to reverse the unconstitutional trend at the time.

It is news to me that N700 million was paid to 223 contractors for store items. Throughout the 16 months during which I served as Head of the Civil Service of the Federation, I largely avoided involvement in procurement issues. The Tenders’ Board handled all issues of procurement and it was chaired by the Permanent Secretary. The only instance I got involved in a procurement was as a result of a direct intervention for the purpose of ensuring a smooth pension process and that particular procurement was less than N80 million.

In its effort to taint my image, the online report further alleged that the sum of N15 billion released by the Federal Government for the settlement of the death benefits of deceased civil servants in July 2010 could not be accounted for, adding that the money was moved to an illegal account in Union Bank and personally operated by our client. The report went on to claim that 58 Bank accounts were opened at my instance between 2009 and 2010 without the knowledge and approval of the Accountant-General of the Federation. To crown it all, it further alleged that “over N54 Billion was transferred to these illegal accounts and eventually withdrawn for undisclosed purposes”.

Again, for the records, the said N15 billion released by the Federal Government was NEVER touched during my tenure as Head of the Civil Service of the Federation because as at the time of my retirement in November 2010, the pension harmonization process had not been concluded.

In fact, the then CBN Deputy Governor (Operations), in response to the enquiry cited in paragraph 13 above, furnished the Office of the Head of the Civil Service with lists of pension accounts maintained with 15 Banks vide letters Ref: GOV/DGO/CON/CBN/01 dated August 25, 26 and 30, 2010 and September 1, 2010. The returns made by the Deposit Money Banks to the CBN at the time indicate that the Office of the Head of the Civil Service of the Federation did not operate up to 58 accounts all of which were opened prior to my assumption of office as Head of the Civil Service of the Federation.

For the records, contrary to the claims contained in the sinister report, the OHCSF during my tenure only operated 17 accounts out of the existing accounts in 12 different banks. These accounts were later consolidated into not more than seven. The assertion in the online report is therefore not tenable.

Furthermore, the OHCSF during my tenure established the electronic Pension Management Platform (EPMS) to check and facilitate transparent pension management. In addition, the office at the time carried out a nation-wide biometric enrolment of pensioners, which involved officials from the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Department of State Services and other relevant security agencies. It was this exercise that uncovered the thousands of fake pensioners on the payroll at the time.

Indeed it was during that period that cases of fraud in the administration of pension were uncovered and they were still being investigated as at the time I retired in November 2010. I therefore find it an epic distortion of facts to allege that my tenure was characterised by fraud when what I did was to address the challenge I met on ground.

It is rather telling that in obvious disregard of the facts, the online report was silent on what transpired during the Senate’s Public hearing on alleged fraud in the administration of civil service and police pensions in 2011, during which all those who gave evidence absolved me of any act of complicity.

While I bear no grudge against anyone seeking to probe my tenure as Head of the Civil Service of the Federation or indeed any other position I have held, I find it preposterous for any individual or group of persons to be so hell-bent on maliciously and falsely discrediting my genuine contributions to the development of the country.

It is not far-fetched in the circumstances to observe that the grouse of the sponsors of these false reports against me arose from their resentment to my sincere efforts at reforms that will bring about lasting change to a system that was bedeviled by the flaws I exposed. The Principal actors in the administration of civil service pensions between 2005 and 2010, the period covered by the alleged “audit report” are still alive! It would therefore have made for more balanced reporting if the Premium Times and other newspapers had made efforts to investigate the truth instead of being led blindly to attempt to tarnish a hard-earned reputation.

 

 

For the records, I am a Chartered Accountant with decades of audit experience, a former Permanent Secretary, State House and the Federal Ministry of Finance as well as the Head of the Civil Service of the Federation, and now the Chairman, Financial Action Task Force (FATF). Through my years of practice, I have been guided by my firm belief in due process and accountability.

By normal Federal auditing procedure, where an audit has been carried out, audit observations made are forwarded to the auditee/entity for a comment/response. Ideally, those in office are expected to comment on audit observations regarding an entity. However, if they are unable to comment/respond then the proper procedure is for the observations to be passed on to those that were in the office covered by the audit, provided the persons are alive. I can confirm that no one has reached out to me in that regard.

In the desperate bid to ridicule me, the author of the Premium Times report made a rather uninformed attempt at suggesting that my Chairmanship of the Presidential Committee on Financial Action Task Force (FATF) attracts pecuniary benefits. The records are clear and they confirm that no member receives stipends or sitting allowance. The membership of the Presidential Committee on FATF, which comprises relevant Government agencies, has remained the same since 2004, except in cases where the officers have changed desks.

In the light of the foregoing, I would advise Premium Times and the media houses that published their jaundiced report to desist from reckless and malicious distortion of facts and the making of unfounded allegations designed to tarnish my reputation. I am not unmindful of the consequences of these acts and will take whatever steps may be required in defence of my name.

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Just In: Tinubu swears in Ibok-Ette Ibas as Rivers sole administrator

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President Bola Tinubu has officially sworn in Vice Admiral Ibok-Ete Ibas (rtd.) as the Sole Administrator of Rivers State.

 

The ceremony took place after a brief meeting between the president and the newly appointed sole administrator at the Presidential Villa in Abuja on Wednesday afternoon.

 

Ibas’s appointment follows President Tinubu’s declaration of a state of emergency in Rivers State due to ongoing political instability and security challenges.

 

 

As part of the emergency measures, the president suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the state’s House of Assembly for an initial six-month period.

 

Vice Admiral Ibas will oversee governance in the state, although his role does not extend to enacting new laws.

 

However, the judiciary in the state will continue to operate independently.

 

 

 

 

 

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Finally, Reps pass Tinubu’s four tax bills

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The four tax bills transmitted to the National Assembly by President Bola Tinubu in October 2024 were on Tuesday passed on the third reading in the House of Representatives.

The House had last Thursday considered and approved the report of the House Committee on Finance, which proposed several recommendations on the executive bills.

After a delay of about three months, which included public hearings and the receipt of memoranda from concerned stakeholders, the National Assembly finally resumed work on the bills three weeks ago.

The hearings were focused on how best to reform Nigeria’s tax administration system.

During Tuesday’s plenary, House Leader, Julius Ihonvbere, moved for the bills to be read for the third and final time.

He said: “Mr. Speaker and honourable colleagues, I move that the bill for an Act to provide for the assessment, collection of, and accounting for revenue accruing to the federation, federal, states, and local governments, prescribing the powers and functions of tax authorities, and for related matters be read for the third time.”

He further moved for the reading of additional bills for the third time.

These included a bill to repeal the Federal Inland Revenue Service (Establishment) Act, No.13, 2007, and enact the Nigeria Revenue Service (Establishment) Bill, which would establish the Nigeria Revenue Service with powers for assessment, collection, and accounting for revenue accruable to the government.

He also moved for a bill to establish the Joint Revenue Board, the Tax Appeal Tribunal, and the Office of the Tax Ombudsman for the harmonisation, coordination, and settlement of disputes arising from revenue administration in Nigeria.

Lastly, a bill to repeal certain acts on taxation and consolidate the legal frameworks relating to taxation, enacting the Nigeria Tax Act to provide for the taxation of income, transactions, and instruments was also moved for third reading.

The bills were then overwhelmingly voted on by the lawmakers and passed with Speaker Tajudeen Abbas presiding over the session.

The next step will see the bills forwarded to President Tinubu for assent after passing through the Senate and, if necessary, undergoing harmonszation between the Senate and House versions.

Despite the overwhelming support, the bills faced opposition, particularly from lawmakers from northern Nigeria, who, in solidarity with their governors, called for the bills to be withdrawn for further consultation.

 

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NBA to Tinubu: You lack power to remove elected governor under emergency rule

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The Nigerian Bar Association (NBA) has told President Bola Tinubu that he lacks the constitutional powers to remove any elected governor of a state in Nigeria.

Besides, the umbrella body for legal practitioners in the country held that Tinubu’s Tuesday night declaration of a state of emergency in Rivers State “remains constitutionally inchoate and ineffective” until the National Assembly approves the declaration.

In a statement issued to journalists on Tuesday night, the NBA President, Mazi Afam Osigwe, SAN, observed that the action of Mr. President has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution, which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

While stating that Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, Osigwe argued that “The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.”

Besides, the NBA President observed that “the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and the dissolution of parliament are governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”

The NBA further submitted that “A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

The NBA, in addition, asserted that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials, adding that “the purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.”

While reiterating that the President does not have the constitutional power to remove an elected governor under a state of emergency, the body stated that any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.

The NBA therefore called on the National Assembly to “reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.”

Besides, it warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.

Meanwhile, the NBA demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.

It also encouraged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement added.

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