Cadrell Advocacy Centre Petitions Bureau of Public Procurement Nigeria

The Cadrell Advocacy Centre’s Mandate to fight the menace of corruption has been further deepened and its commitment to this course revitalized. Through series of investigation of both public and private institutions and individuals with reasonable suspicion of corruptive tendencies, the organization has uncover so many corruption cases in the first quarter of 2018.
When Cadrell Advocacy Centre beamed its searchlight on the Nigerian Port Authority in its awards of procurement contacts to companies it was uncovered that The Nigerian Ports Authority (NPA) has awarded procurement/contract in millions of U.S. Dollars to Dredging International Services Ltd/ Dredging International Services Cyprus (both subsidiaries of DEME Group Belgium) inspite of her conviction by a court of competent jurisdiction in Switzerland and contrary to the clear provisions of S. 16 (8) (e) & (f) of the Public Procurement Act 2007.
Dredging International Services Ltd/ Dredging International Services Cyprus (both subsidiaries of DEME Group Belgium (a company currently executing contract with NPA) and some officials of the NPA were alleged to have been involved in a bribe for contract scandal of Twenty Million U.S. Dollars ($20,000,00) and subsequently convicted on the 2nd of May 2012 and fined One Million Swiss Francs, by the court for bribing Nigeria officials.
In the woke of this findings, Cadrell Advocacy Centre’s petitioned Bureau of Public Procurement (BPP) to look into this matter and rescue Nigeria from the shackles of corruption.
Our believe is that women and children suffer more when funds meant for the growth of Nigeria and National welfare is looted through corruption. As we defend the right of women and children we also stand in the gap to fight the causes of whatever has brought pains to the Nigerian State of which corruption is counted. Corruption has laid Nigeria prostrate.
Cadrell Advocacy Centre petition to Bureau of Public Procurement (BPP) is hereunder attached to this report.

Date: 6th March, 2018

Director General,
Bureau of Public Procurement (BPP)
11, Suleiman Barau Crescent,
Presidential Villa,
Abuja.

Dear Sir,

NIGERIAN PORTS AUTHORITY COMPROMISING THE FIGHT AGAINST CORRUPTION BY AWARDING CONTRACT TO A CONVICTED COMPANY CONTRARY TO SECTION 16 (8) (e) & (f) OF PUBLIC PROCUREMENT ACT 2007, THE NEED FOR A TIMELY INTERVENTION BY THE GOVERNMENT AND STAKEHOLDERS IN NIGERIAN.

We are a Non-Government Organization involved in the promotion of transparency, accountability and adherence to due process in Nigeria

We write to salute your current efforts at sanitizing the procurement/contract award processes in various Government Ministries, Departments and Agencies, and also bring to your notice and attention the fact of how a convicted company is being awarded multi Million contract in U.S. Dollars in Nigeria Ports Authority (NPA) inspite of her conviction by a court of competent jurisdiction in Switzerland contrary to the clear provisions of S. 16 (8) (e) & (f) of the Public Procurement Act 2007.

Our investigations coupled with documents available at the Swiss Embassy, reveal that there was an investigation by the office of the Attorney General, Department of International Affairs, Switzerland that Dredging International Services Ltd/ Dredging International Services Cyprus (both subsidiaries of DEME Group Belgium (a company currently executing contract with NPA) and some officials of the NPA were alleged to have been involved in a bribe for contract scandal of Twenty Million U.S. Dollars ($20,000,00) and subsequently convicted on the 2nd of May 2012 and fined One Million Swiss Francs, by the court for bribing Nigeria officials.

The report of the conviction was forwarded to the office of the Attorney General of the Federation by the Swiss authority invoking the United Nations Convention Against Corruption and the International Law Principle of Reciprocity.

While the Swiss authorities had successfully prosecuted and convicted the company in Switzerland, the Nigerians involved, were allowed to retire and enjoy their loot, whilst continuing in their nefarious act in NPA and other government circle.

The said company, is currently at the verge of being awarded a multi-Million U.S. Dollars dredging contract by the same NPA in clear violation of S. 16 (8) (e) & (f) of the Public Procurement Act 2007 which stipulates that;

Section 16….

(8) Whenever it is established by a procuring entity or the Bureau that any or a combination of the situations set out exist, a bidder may have its bid or tender excluded from any particular procurement proceeding if:

(e) the bidder has been validly sentenced for a crime committed in connection with a procurement proceeding, or any other crime committed to gain financial profit; and

(f) the bidder has in its management or is in any portion owned by any person that has been validly sentence for a crime committed in connection with a procurement proceeding, or other crime committed to gain financial profit

When Siemens, Panalpina, Halliburton etc were convicted in their home country, even though the then Nigerian Federal Government compromised by not prosecuting the Nigerians involved in the scandals, the said companies were however sanction and blacklisted by government from bidding and or executing government contracts in Nigeria, which eventually led to their exit from the shores of Nigeria. But in the case of Dredging International Services Ltd and other possible yet to be identified ones, the more the sanctions from their home country, the less they are investigated here in Nigeria and more contracts awarded to them by NPA. But for the conviction in Switzerland, one could safely conclude that they were above the law.

The story of Dredging International/NPA Scandal is conspicuously reported in major news in Nigeria ranging from;

1. Vanguard Newspaper of 24th August, 2017
2. Tribune Newspaper of 17th October, 2017
3. Punch Newspaper of 12th October, 2017
4. Thisday of 30th July, 2017
5. Nation Newspaper of 12th October
6. premiumtimes on the 18th of June, 2017
7. newtelegraphonline on the 24th of August, 2017
8. businessandmaritimewestafrica.com on the 17th of October, 2017
Further information on this can even be obtained from the Swiss Embassy and google.

Acts such as those reported above, if allowed to fester, will consistently erode the few strides attained by this government, in her fight against corruption and makes the country a laughing stock in the eyes of international community and Global Rating Agencies like Transparency International.

We urge you to bring this to the notice of Ministries, Departments, Parastatals, Agencies and the Government of the Federal Republic of Nigeria, as the Head of Government’s Clearing House for contracts/procurement processes, especially against the backdrop of the zeal by this administration to fight corruption and it’s zero tolerance for financial crimes coupled with the adverse effect such practices will have on the credibility/sincerity of the government’s fight and by extension ridicule the efforts of the Bureau at sanitizing government procurement processes.

We also, wish to use this medium to sensitize and call on all partners/stakeholders (both public and private) in the government’s fight against corruption, to rise up urgently and collectively address this ugly trend by insisting on the applicability of the various laws, to protect the future of the “Nigerian Dream” from the hands of companies/government officials who are daily raping her under the guise of contract execution/foreign investment and carting away funds to develop other countries.

Without prejudice to our right to seek judicial redress, to ensure compliance with the provisions of the law, in the event that we do not hear from you, we however urge you to blacklist/disqualify Dredging International Services Ltd and any convicted company from Bidding for or executing contracts in Nigeria in accordance with S. 16 (8) (e) of the Public Procurement Act 2007

Thank you

Yours faithfully,

Evans Ufeli Esq.
(Executive Director)

CADRELL ADVOCACY CENTRE

Cc

1. Executive Director
Civil Society Legislative Advocacy Centre (CISLAC)
16 .O.W Mafemi Crescent,
Utako District,
Abuja.

2. Executive Director,
Socio-Economic Rights and Accountability Project (SERAP)
2b Oyetola Street,
Off Ajanaku Street,
Off Salvation Street,​
Opebi, Ikeja,
Lagos

3 Mr. Frank Tietie,
Executive Director,
Citizens Advocacy for Social and Economic Rights (CASER)
Suite B8, Halima Plaza
(Behind Area 11, Sahad Stores)
Plot 1496, Balanga Street,
Off Uke Street,
Area 11,
Garki, Abuja

4 Mr. Auwal Musa,
Executive Director,
Transparency International
C/O CISLAC
16 .O.W Mafemi Crescent,
Utako District,
Abuja.

5.​Mrs. Victoria Ibezim-Oheari
Executive Director,
Space for Change,
7, Independence Street (1st Floor)
Anifowoshe, Ikeja,
Lagos State.

6. Ag. Chairman,
Economic & Financial Crimes Commission (EFCC)
No. 5, Fomella Street,
Off Adetokunbo Ademola Crescent,
Wuse II,
Abuja.

7. Ag. Chairman,
Independent & Corrupt Practices Commission (ICPC)
Plot 802 Constitution Avenue,
Zone A9, Central Area,
Garki,
Abuja.

8. The Director General
Department of State Service,
Aso Drive,
Abuja