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DINO MELAYE RECALL: CSO APPLAUD INEC FOR OBEYING COURT ORDER

An election observer group, the Independent Service Delivery Monitoring Group  (ISDMG) has warned that any attempt to tarnish the integrity of the head of the Electoral Management Body (EMB) through orchestrated media campaigns will have dire consequences on future elections and the nation’s democracy.

Addressing journalists in Abuja, ISDMG Executive Director, Dr Chima Amadi frowned at recent media reports which alleged that the Independent National Electoral Commission (INEC) chairman, Prof Yakubu Mahmood caved in to blackmail by the Senate to probe his activities at TETFUND and suspended the recall of the senator representing Kogi west, Senator Dino Malaye.
He said as critical stakeholders in the electoral process, the ISDMG and its affilliates are compelled to interrogate such accusations since ultimately, institutions are as good as the quality of leadership they get.

Dr Chima said the Commission deserves commendation for respecting the court order which asked all parties to stay action while seeking to appeal the case and enforce the rights of the people of Kogi west who have exercised their constitutional rights of demanding for the recall off their senator.

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According to him, though, INEC has issued a statement clarifying its stands on the issue, but the ISDMG decided to wade into the matter because of the dire consequence it will have on the electoral process if not addressed or challenged.
The group said INEC instead deserves commendation for respecting the court order while going ahead to seek way forward to seek to enforce the rights of the citizens who had petitioned for the recall of Sen Malaye
Giving a detailed analysis of what transpired at the TETFUND and the controversy surrounding the missing N850 million, Dr Chima said his organization had in 2012, using the instrumentality of the FOI written to the TETFUND and UBEC to enquire what transpired.
He said, “This is the account of how 850million “disappeared or did not disappear” five years ago and we hold the facts and evidence that we shall present here to be true to the best of our knowledge. Facts they say, are sacred.
“Upon assumption of office as ES of ETF (as TETFUND was then known) Prof Mahmood received a letter from the UBEC asking for the release of the sum of 850 million representing second tranche allocation for a 2005 intervention granted it by the ETF for the supply of pupils’ desks and seats (attached is request).
“Before he could authorize a disbursement of such sum and in line with civil service best practices, Prof Mahmood peered into the files and records and discovered glaring due process infringements in the administering and utilization of the first tranche. He wrote back and requested that the UBEC properly accounts and retires the first tranche and institutes the process of complying with all due process procedures before the disbursement of the second tranche could be undertaken (letter attached). The management of UBEC agreed to comply with this request and instituted the process to that effect. This signalled the beginning of a long legal tussle.
“The company that poorly executed the contract for the first tranche approached the courts to halt the process of compliance with due process claiming that it had an irrevocable exclusive right to be awarded the contract for the second tranche. It got an Abuja federal high court under Justice A.
“Abdul Kafarati to order the TETFund to pay into a court administered account the entire sum of 850 million pending the determination of the substantive suit (court order attached).

See attachment;

TEXT OF PRESS BRIEFING ON THE HALTING OF KOGI WEST RECALL PROCESS

Prof Mahmood’s TETFund disagreed with this order and challenged it in the court of appeal where the court asked for the status quo to remain. The money remained in the custody of the TETFund (order attached).
“When Prof Mahmood’s tenure elapsed and just as the decision for his reappointment was being considered, a bold headline “How Mahmood and the ES of UBEC stole 850-million-naira intervention fund” cropped up in a soft sale magazine. Alarmed by this headline, and determined to unravel the truth such as our advocacy efforts demands, we quickly commenced enquiries and served the management of the TETFund now under another ES and UBEC with FOI requests specifically asking them for the whereabouts of the said fund (find attached our letter in 2012).

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“The response to the requests were clear, unequivocal and unambiguous. The 850million was safely domiciled in the operational account of the TETFund with the CBN (find attached response). The magazine after conducting its own investigation was to retract the story in its next edition and to publish the correct account of events.”
It is noteworthy to inform everyone herein present that
He said just two years ago, the management of UBEC and the company came to an out of court settlement and reverted to carrying out the earlier condition of complying with due process as directed by Prof Mahmood 10 years ago.
He continued,,”The BPP has since issued a certificate of due process compliance for the project, the contract awarded and the fund released for the execution of the project. All these actions taken years after Prof Mahmood had left office.
“What then is the basis for the attempt to create a mountain out of sand? Simple, the Prof’s decision to comply with the laws of the land and carry out a legitimate recall process has not gone down well with some people.
He said, “If the Senate in the legitimate discharge of its oversight functions wants to probe the activities of the TETFund from whatever period, it is certainly welcome and they must be encouraged to do so, but let no one use tax-payers’ funds to indulge in a wild goose chase just for personal vendetta.
“While the Senate may be carrying out their legitimate legislative agenda, the INEC in obeying the demands of the law guiding the recall process is also carrying out its mandate. Certainly, the INEC didn’t initiate the recall process, Senator Dino Melaye’s constituents did, tagging INEC and engaging in character assassination of its Chairman through the innuendo contained in the alleged probe process is irresponsible and the height of cowardice.
“The same class of politicians that initiated the senator’s recall process that compelled INEC commence its duties are the same that are using judicial processes to thwart it.
He said in a fresh court action,the Kogi state APC has sued INEC to stop the Melaye recall. According to him, although the case is yet to be heard and no injunction granted, it is clear that politicians and the courts are standing in the way of INEC’s discharge of its constitutional responsibilities.

 

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