mosun_ade: Mr Gbawe.

Go to government and get a first hand information as to why they did what they did. Stop relying on journalists and biased publications to make a point. Haba. Your mumu don too much for this NairaLand. Your points can not be heard on NairaLand, choose a better media.

You are a biased old man. Get your kids to take over from you. LOL.

Hey. Hope you get paid cool for all these efforts. Nice way to make money.

Don't abuse me o, because as an old man, you should know that abuses goes back to the abuser.

GEJ is corrupt, na your money he steal? Tinubu, Fashola, which one is not corrupt. Abeg, take sand paper wipe that your lieing mouth.

mosun_ade: Mr Gbawe.

Go to government and get a first hand information as to why they did what they did. Stop relying on journalists and biased publications to make a point. Haba. Your mumu don too much for this NairaLand. Your points can not be heard on NairaLand, choose a better media.

You are a biased old man. Get your kids to take over from you. LOL.

Hey. Hope you get paid cool for all these efforts. Nice way to make money.

Don't abuse me o, because as an old man, you should know that abuses goes back to the abuser.

GEJ is corrupt, na your money he steal? Tinubu, Fashola, which one is not corrupt. Abeg, take sand paper wipe that your lieing mouth.

lastpage: BTW: I cant imagine that people like Dangote, Tinubu, OBJ, Andy Ubah, Emeka Ofor, and some other "established" looters/Criminals in this country would suddenly "set-up" a Power Company once they see that their is a "killing" to be made! ...and Voila, they are "Power Giants/Coys"!

lagerwhenindoubt:

This is idealistic however the reality is no nation has ever grown to its pinnacle without foreign investment. Nigeria lacks the mentality, lacks the experience and political will to start such a simple project from Start-Finish without experienced foreigners. Show me one sustainable infrastructure project today that is wholly Nigerian - just one

Billyonaire:
Stop your lamentation and do not make this personal cos of your health. FEDs via BPE signed the contract and faulted it there after, whats hurting you, are you paid by a Manitoba stakeholder to cry online ? FEDs signed the contract and was applauded, they have a better choice now, and the next choice will be more applauded than Manitoba, take a chill pill. You cant do s/h/i/t!

Gbawe:


Manitoba is doing its thing in Kenya yet now bounced by the government that had ratified the company's position as the unopposed choice and went on, through the BPE, to sign a contract to that effect. Now a government that abused due process flagrantly via issuing many, many marketers licences to fraudsters and crooks is using the very same due process as an excuse. Only in Nigeria. Let some keep fooling themselves. Astute observers know what is going on here and how things will end.

londoner: As much as it disappoints me to say this......I smell a rat here...seriously. I dont think Nigeria is ready to improve yet.......our leaders are not sincere and they will not move with the country;s best interest at heart.

This is making us look like a place not to be taken seriously.
Gosh......Nigeria is such a frsutrating place.....bad news every day. Obne step forward (or so we think) followed by three steps backwards. If there was a justified reason for this GEJ should have let us know with the news that the contract was scrapped.

Billyonaire:
I am tempted to believe you require mental salvation. You derail from core subject of threads when your folly is opened up on Nairaland. You are one fellow that needs structural mental adjustment. If BPE under GEJ signed a contract with Manitoba after years of lobbying from OBJ administration, hibernation by Yaradua Administration and now terminated by GEJ when realized that due processes were not followed, who are you to know better than the Power Ministry and the Presidential Think-Tank. You are just a monika on Nairaland and nothing more than a barking dog. You are a paid agents of the surrogates of the Manitoba, and we will not let sell-outs like you handover our collective destinies into the hands of Western Imperialists and their covert representatives within our polity. I represent truth and light, you represent darkness. FEDs know better, you know nothing about Electricity Sector, so just watch and learn.

Billyonaire: All the DISCOS we selected in an open bid, but Manitoba Canada's contract was signed under OBJ regime without due process, and no open bidding. If we must get it right, we have to be transparent, and we must do it right and not let vested interest of past administrations blind our sense of judgement. We need an open bid process to appoint the best firm to handle this job, if Manitoba wins in an open bidding then so be it.

samfibby:

I hope you would be happy when Abdusallami-Otedola-Babangida Power company wins the so called open bid.

mosun_ade:

You smell a rat because they say a contract that doesnt follow due process should be put up for bid again? with the same Manitoba coy free to participate again? why not wait till the 30 days before you start this lamentation of sodom?

He told you the reason but you are crying still that you smell a rat? Who is roasting the rat?

Tusky44: Honestly, this is the beginning of the failure of the power sector road map. No wonder Nnaji quietly left this hopeless administration. How can you ignore the likes of EDF, Siemens, GE, NPower, CECC, British Gas, National Grid, etc for LOCAL CHAMPIONS like Atiku, Emeka Ofor, IBB, Abdusalam Abubakar, Otedola, Tinubu, etc? God you really hate the average Nigerian otherwise why haven't you answered my prayer?

GEJ you will regret your failure.

OMO IBO: i was crestfallen the moment i heard this on radio this afternoon as i drove home.
if this isnt corruption at it highest ebb i wonder what is.
jonathan has lost his marble.

we obviously know the guys who will follow 'due process'

bloody hell!

BusinessDay learnt that the contract was cancelled by the president on Sunday, upon a memo submitted by the Director-General of the Bureau for Public Procurement, Emeka Eze, who has been exercising the powers of the Bureau without safeguards of a non-existent National Council on due process, as provided for in the enabling law.

Section 6:1 A of the Act establishing the BPP says “the Bureau shall have the power to enforce the Monetary and Prior review thresholds set by the ‘COUNCIL’ for application of the provisions of the act by the procuring entities.” Paragraph (b) of the act says “subject to paragraph (a) of the section, issue certificate of “NO OBJECTION” for Contract Award within the Prior Review threshold for all Procurement within the purview of this Act.”

BusinessDay learnt that in the past two years, the BPP has had no Council, and that the DG has been acting unilaterally.

Several private sector leaders, including prominent lawyers, became furious yesterday, after they heard of the cancellation of the contract.

Said one, “There are two issues that I have with this action and the reasons given for it. One, the exercise of powers of the bureau by the DG of the BPP, who has canvassed the illegality of this contract, is itself illegal, given that the DG has been acting alone for two years, without a ‘national council’ as provided for in law. So any exercise of such powers is illegal. Secondly, if it was a matter of procedural misdemeanor, the president should have asked the NCP to correct the wrong, bring a memo to the FEC for approval of no objection by BPP, instead of cancelling the contract”.

mbulela:
I struggle to understand why folks are surprised? Maybe few of us have been reading BusinessDay. Those guys have been following this thing big time. That power reform na high wired drama with intrigues,back stabbing, corruption and double speak of the highest order. These barbarians just do not care for the masses. See the VP Sambo that does like butter does not melt in his mouth? That guy is not to be trusted. I think cos GEJ has his own hands soiled in other pies, he had to concede this one to his fellow barbarians. As long as the president does not have the political and moral will to do right at all times, he does not have to be a willing participant in corruption at all times for it to thrive. I am a known pessimist but reality is that all the panels in the world will not save the petroleum industry nor the power sector. Our leaders lack the will to bring change. in the net 12months we will be hear expressing shock and surprise at Gencos and Discos contracts that have been cancelled.

eGuerrilla: And I suppose it is this charade that currently passes for "due process".


Source

The same DG who has had absolutely no qualms flouting procedural rules in the past suddenly gets a re-awakening and discovers "due process" en route Nirvana?
Please spare me the lullabies!

Gbawe:


All those backing the Government's "due process" pursuit here should tell us what opinion they offered after no less that the Petroleum Minister of the Government and chairman boad of NNPC(Allison-Madueke) directly breached due process by allowing two members of the Ribadu-led Petroleum revenue task force to join the NNPC without resigning their appointment with the PRST ala the obvious notion of conflicting interests. Surely we all understand that Allison-Madueke wanted to compromise the members of the Ribadu committee with that development she cannot feign ignorance of.

Yes, this Government is indeed committed to "due process". The sort it showed issuing many Marketers licence to start-up companies that had no capacity, history or competence to engage in fuel importation.

Maxymilliano:


Gbawe why are you trying hard to derail your thread from the initial topic of discussion? May be you should try and borrow a leaf from Ribadu's experience by adhering to the topic of discussion, which can be likened to the 'Term of reference' in this context. :-)

Nigeria: TCN Contract Cancellation, Yet Another Setback?
BY YUNUS ABDULHAMID, 15 NOVEMBER 2012

The hiring of Canadian firm, Manitoba Hydro, to manage the Transmission Company of Nigeria (TCN) took the Bureau of Public Enterprises (BPE) five years and enormous resources to conclude. It was seen by industry watchers as a major step forward for the power reform process. The cancellation of the contract by President Goodluck Jonathan could well be a major blow to the reforms.

Managing Director of Manitoba Hydro International in Nigeria Mr. Don Priestman yesterday expressed shock over the reported cancellation of its management contract to run the Transmission Company of Nigeria (TCN) for a period of three years.

He said his company was yet to get any official correspondence terminating the contract has been but they only learnt of the development on the pages of newspapers.

In a telephone interview, Mr. Priestman said: "I haven't really received any formal notification yet. All I know is from the newspapers. So, we are also surprised and disappointed. We don't understand the reason behind it but we are just waiting to receive a formal notification. I was hoping that sense would prevail and that it was just a question of time. We were willing to give time for the right decision to be made so we could get out of it."

TCN is one of the successor companies created from the unbundling of the Power Holding Company of Nigeria (PHCN). It combines the functions of a transmission services provider, a system operator and a market operator, all of which are central to the sustainability and development of the electricity sector.

Priestman said his next step was to, "wait for instruction from my head office."

Maxymilliano:


Gbawe why are you trying hard to derail your thread from the initial topic of discussion? May be you should try and borrow a leaf from Ribadu's experience by adhering to the topic of discussion, which can be likened to the 'Term of reference' in this context. :-)

Presidency alliance with India’s Power Grid

However, Vanguard investigations revealed that there is more to the contract revocation than the allegation of flouting due process.

A competent Presidency source, who spoke on phone, revealed that the revocation might not be unconnected with the Presidency’s desire to hand over the management contract to India’s Power Grid Corporation, one of the three firms originally shortlisted for the contract. Others being Canada’s Manitoba Hydro, and Electricity Supply Board of Ireland.

The same National Council on Privatisation, NCP, headed by Vice President Namadi Sambo, had overseen the contract process, and had approved the exercise every step of the way, including the shortlisting of candidates and the agreements signing ceremony.

The BPP clause and other intrigues

Also strangely, the NCP directed that the BPE should have referred to the Bureau of Public Procurement, BPP, to validate the management contract, which in itself was not a procurement contract, but part of the privatisation process.

Besides, the NCP has not been constituted, and as such, there is nobody like BPP.

Even more intriguing was the fact that the BPE Act did not stipulate that it can validate its decisions, just like the BPP Act does not extend to the functions of the BPE.

olivertwist:
I won't be surprised if Asari Dokubo pass the 'due process' & wins the power contract. No be Naija we dey talk!

How anti-privatisation forces killed TCN contract
THURSDAY, 15 NOVEMBER 2012 00:00 BUSINESSDAY



A confluence of three anti-privatisation forces in government, including those angling for a slice of power contracts, those who do not want to let go control of the transmission grid, and others working to undermine the integrity of the power privatisation process, were involved in the sudden termination of the contract awarded to Manitoba Electric, to manage the Transmission Company of Nigeria (TCN).



The assault on the Manitoba contract was formidable, well choreographed, properly timed.

At a special meeting of arrowheads of the president power agenda where the president directed that the Manitoba contract be probed, those present were said to include, the Vice President, the Attorney- General, the former minister of State for Power, Darius Dickson Ishaku, his Permanent Secretary, Dere Awosika and the Director General of BPP, Emeka Eze.


Hints of the Manitoba contract cancellation were first made public November 2, when BusinessDay ran a comprehensive story on a wide-ranging investigation of the contract awarded to the Canadian firm to manage the Transmission Company of Nigeria (TCN) for the next three years.

The development, BusinessDay observed, followed the pressure being brought to bear on President Goodluck Jonathan, to review the contract under which the firm would be paid a total of $23 million over a three-year period.


The contract to Manitoba Electric was sanctioned by the National Council on Privatisation (NCP) chaired by the vice president, more than two months ago, but the company was not allowed to assume full control of TCN by the old management, appointed by the Ministry of Power.

BusinessDay learnt that the contract was cancelled by the president on Sunday, upon a memo submitted by the Director-General of the Bureau for Public Procurement, Emeka Eze, who has been exercising the powers of the Bureau without safeguards of a non-existent National Council on due process, as provided for in the enabling law.

Section 6:1 A of the Act establishing the BPP says “the Bureau shall have the power to enforce the Monetary and Prior review thresholds set by the ‘COUNCIL’ for application of the provisions of the act by the procuring entities.” Paragraph (b) of the act says “subject to paragraph (a) of the section, issue certificate of “NO OBJECTION” for Contract Award within the Prior Review threshold for all Procurement within the purview of this Act.”

BusinessDay learnt that in the past two years, the BPP has had no Council, and that the DG has been acting unilaterally.

Several private sector leaders, including prominent lawyers, became furious yesterday, after they heard of the cancellation of the contract.

Said one, “There are two issues that I have with this action and the reasons given for it. One, the exercise of powers of the bureau by the DG of the BPP, who has canvassed the illegality of this contract, is itself illegal, given that the DG has been acting alone for two years, without a ‘national council’ as provided for in law. So any exercise of such powers is illegal. Secondly, if it was a matter of procedural misdemeanor, the president should have asked the NCP to correct the wrong, bring a memo to the FEC for approval of no objection by BPP, instead of cancelling the contract”.

Said a local investor, “It makes you wonder what loopholes they will find to negate the sale of Gencos and Discos, a year from now.”

His fear was likewise underscored by Bismarck Rewane, CEO, Financial Derivatives Company Limited.

“It is a major setback. Manitoba is a highly reputable firm. Once the government said the contact was given to Manitoba, we were all very excited. It gives you hope that something very important and real was going to happen, because transmission is very critical to the power reform. Power generation and distribution depend on transmission. We are in trouble because the entire process is in trouble.”

Bisi Sanda of Ernst and Young, said that the government should stop conducting itself as if nothing has changed in the process of carrying out our business affairs. He said the action would further worsen the perception of the global community.

“Arbitrary behaviour is inconsistent with global standards and it is better that the country adheres to rules and regulations guiding contracts, so that investors could come and invest,” Bisi added.

The main grouse of the BPP was that the contract awarded to Manitoba was illegal in their view, because the privatisation council failed to secure the required no-objection certificate from it, via the Federal Executive Council (FEC). Questions were also raised about the contract price of $23 million, when $8 million was agreed for a similar contract five years ago, but those raising the questions have not taken the pains to compare the scope of the two contracts.

However, our reporters learnt in Abuja yesterday, that this was a mere cover for those in government who always wanted the status quo to be maintained, and whose actions have now put the entire privatisation process and all its gains in jeopardy, especially because this will be the second failed attempt at enthroning a credible manager for TCN, after a botched process in 2006.

“The BPP and the Federal Government had ample time to look into what may constitute ‘breaches’ even before the contract was signed,” argued an analyst, who was clearly disturbed by the development. “This strongly underlines the level of the country’s under-development. We can’t see the relationship between investment and law and order. It will send a very bad signal.”

Curiously, the president sidetracked the NCP, and instead, has asked the Ministry of Power, which has been central in stalling the privatisation of key power assets, to lead the re-procurement of the contract to manage TCN within a period of 30 days, as against the painstaking two years it took to find bidders like Manitoba to bid in the first place.

It was not clear last night, if the Ministry of Power would aim to clean up the controversial bits of the Manitoba contract, or if it would go for a fresh tendering process, with a fresh invitation to capable managers from around the world.

But the manner in which the legal dispute is resolved will be crucial to helping steady the nerves of foreign investors. Ultimately, given the fact that this decision came as a surprise, providing a clear explanation as soon as possible, would go a long way in helping the government maintain momentum, said Robert Tashima, Economist and Political Scientist at the Oxford Business Group.

Gbawe:

Does due process" also entail cancelling a contract on this scale and not informing the other Party formally?

We will see the replacement for Manitoba that can be produced miraculously within 30 days when Manitoba had to be screened extensively and for a lengthy period.
The 30 day proviso alone shows it is likely that a known replacement is already waiting in the wings. This is another Otedola/Oransaye drama from this Nollywood Government.