Vivere:


What well seasoned lawyers? Falana and who? Kindly list all of them. Do they include all the SANs in Nigeria, or do they consist of all the members of the Nigerian Bar Association? If you read Falana's submission, you would see where he clearly said that PMB still has powers to issue approvals, even if he decides to delegate such powers. Or did you overlook that bit?

Red Herring. If Femi Falana, Olisa Agbakoba, Festus Keyamo and people of this ilk are saying something, don't you think you should take a closer inspection? Femi Falana did not claim that the President has powers to approve any contracts because that would be a lie. I was really giving you the benefit of the doubt initially but now it appears you are deliberately lying to justify your position. Which implies that you even know in your heart that you and Baru are wrong. For the record this is what Femi Falana said:

"Apart from constituting the NCPP and the BPP, the President has not been empowered to approve any contract whatsoever. In fact, there is no reference whatsoever to the Federal Executive Council in the entirety of 61 sections of the PPA".http://saharareporters.com/2017/10/11/nnpc-operates-outside-law-femi-falana

You said: "As a minister of state for the umpteenth time - he derives his powers from the substantive Minister as ALL state ministers do according to the law." Please cite the relevant sections of that law right here, so we can all read it. Everyone has told you what the NNPC Act says, (an Act which regulates the activities of the NNPC and key players in the ministry), yet you are still here alleging that there is another law which grants a Minister of State full powers of a substantive Minister over NNPC. Please paste your own law here, so we can see the extent to which it conflicts with the NNPC Act.

You are still trying to be clever by an inch and you are failing at it. The Nigerian Constitution already states the role of All state ministers which is to derive their power through delegation. If Kachikwu had no delegated power from his substantive minister - then he was illegally appointed and PMB was wrong? If he had delegated power for e.g, appointed Chairman of the NNPC board then what is the role of the chairman of the NNPC board?

As for the BPP's recommendation, well kindly post the screenshot here too, if you have a hard copy of that recommendation, because it is obvious that from the way you are arguing, you have probably read the original report from the BPP in hard copy, not so? shocked Anyone looking at NNPC'S response, made on behalf of Baru, can clearly see that the section pertaining to the BPP's recommendation was quoted directly from whatever document the BPP had sent to them.

This is what NNPC claimed that you regurgitated:

The above clarifications of the provisions of the procurement process show that approvals reside within the NTB and where thresholds are exceeded, the NNPC refers to FEC for approval. Therefore, the NNPC Board has no role in contracts approval process as advised by BPP.

I told you expressly that this interpretation and conclusion is not only a blatant lie but makes no sense. The same BPP according to you and NNPC said this:

a. The BPP expressly clarified that NNPC Tenders Board (NTB) is NOT the same as NNPC Board. The governing board (NNPC Board) is responsible for approval of work programmes, corporate plans and budgets, while the NTB is responsible for approval of day-to-day procurement implementation.

As you can see the body and the conclusion clearly contradict themselves exposing the lies by Baru through NNPC. How is it that the NNPC board that approves CORPORATE PLANS and BUDGETS of the NNPC will have no role in contract approvals (which are subsets of the corporate plans and budgets of the NNPC) whereas the NTB that is only responsible for DAY-TO-DAY procurement implementation will unilaterally approve huge contracts?

The BPP did not make that false conclusion. Baru and NNPC did in a bid to authenticate his inanity and gross insubordination.

So far, the BPP has not denied making that statement, so what is your issue?

PMB has not also conceded to approving any contracts. He is not joining issues just like the BPP so your argument is null and void - again.

And Laolu Akande's statement buttresses Baru's rejoinder, where he said that the "both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements, are not procurement contracts involving the expenditure of public funds,” he said.

“Both transactions are simply a shortlisting process, in which prospective off-takers of crude oil and suppliers of petroleum are selected under agreed terms, and in accordance with due process." Kachikwu was the one crying wolf that Baru had received approval for contracts and sidelined him. Now since those agreements are not contracts, why was Kachikwu crying that they were contracts, which were not routed through him, especially since it has been clarified that not only were they routed through him, but he (Kachikwu) also contributed to the selection of the companies that were shortlisted?

This statement is so intellectually dishonest, it is insulting. NNPC claimed The VP approved the contracts on Kachikwu's list. I told you he had no such powers and you claimed he did. You were wrong. A day later news filtered through that the VP accepted that he approved one of the "contracts" listed by NNPC. You came back to arrogate correctness to yourself only to be left with egg on your face when the same VP came out to reclarify what he approved of - JV agreements and not contracts. You have still not answered questions on the other listed contracts many of which NNPC claimed passed through FEC. You have still not answered questions on the appointments all of which NNPC had nothing to offer except suspicious silence. You now want to turn around and claim the VP was backing Baru's rejoinder which is risible because at each conflicting intervals you have claimed the VP supported Baru - even when it is clear he did not.

Baru has even clarified that there was no $25billion contract anywhere, as it was not possible to assign any value to the crude oil term contracts. So where did you get your own 25 billion from? shocked

In fact, Baru gave a full breakdown of the contracts under reference. Please go through the list again, with an open mind if you can, and you would see clearly that Kachikwu is just a cry baby who has lost the plot, with regards to how a leader can effectively manage his staff.

Yea, another is trying too hard to steer this discourse into missing monies and what not. Just stop it as it is callow. Ibe Kachikwu never claimed $25Billion was missing. He simply totalled all the approvals that were obtained by the NNPC without his consent and it came to that figure. If Baru was being fair-minded, why then did he not seek Kachikwu's input in any of the listed approvals as the chairman of the NNPC board? This line of argument that means since Kachikwu was sought after in 1 of the approvals is proof that Baru was following due-process is puerile. Please, stop it.

PMB is back and has directed both Kachikwu and Baru to resolve their rift, and work together. I am sure that Kachikwu was disappointed at the turn of events. PMB has not come out to say he did not approve the contracts. And Osinbajo has clarified the kind of documents he approved (i.e. loans to finance the NNPC obligations to the JVs and IOCs, as can be seen clearly from this list.) Kachikwu should go back and put his house in order, drop his ego at the door and stop crying like a baby, about being sidelined.You are the one alleging that there were misrepresentations in NNPC's statement. Kachikwu has not come out to say so. In fact, he has been left looking like a toddler, whose favourite sweet was snatched from him, before he could finish it. If he still remains displeased by the turn of events, let him call it a day and seek another assignment, elsewhere.

PMB has realised his goof and is looking for how to save face. The news reel today even says he is lobbying the NASS to secure a soft-landing for his northern brother Baru. If that to you means that Kachikwu is disappointed at the turn of events - then I have to let you have your moments of consolation. I dare Baru after now to seek contract or procurement approvals (never mind appointments) without the consent of Kachikwu.

BTW, Kachikwu did not retract any claims: His ab initio complaints included other things amongst which is:

“At the minimum and like all other parastatals being supervised by me at the ministry have continued to do, and in compliance with the proper governance standards expected of a serious public institution, these executive actions by NNPC were supposed to benefit from mine and the board’s input prior to presentation to you.

and he re-echoed same words few days ago. I am posting a link of the BPPs manual on corporate governance etc. You can read from pages 75-96 (82-86 or so talks about the boards of parastatals etc) to see if you can find out how NNPC came to the conclusion that the NNPC board had no say in contract approvals. LOL.

http://www.bpsr.gov.ng/assessment-test/generated_reports/manual.pdf

Vivere:


Only 2 people were doing the same thing, when Kachikwu was GMD NNPC. Nobody complained of checks and balances at that time, o! In fact, he was both Minister of State and GMD NNPC, at the same time. Nobody raised an eyebrow at this anomaly, neither did they complain about checks and balances at that time too. Now the same people who saw nothing wrong with what Kachikwu did at that time, are now complaining about Baru doing the same thing, Kachikwu did. Interesting!

so an anomaly should continue because somebody else has done it before

Vivere:

Is that what you were told?

yes, u can prove otherwise, if not am right

bigfish3k:

so an anomaly should continue because somebody else has done it before

The person who started the anomaly is the same one now blaming others for following his example. Can't you spot the hypocrisy?