Vivere:


So with all the powers you claimed Kachikwu had, he couldn't see PMB?

What does it take to see the president?

If the people who take charge of his itinerary etc do not let you- you won't see him including Aisha.

Hence, northern agenda.

EruditorII:

You are the one being funny. Since when did acting as the Petroleum Minister become the duty of the president? If PMB knew that his VP would take over the issues pertaining to the Petroleum industry why have a Minister of State?

Ask PMB. He would know. He delegated all his functions to Osinbajo for a reason.

Vivere:


That was the initial assertion that Kachikwu made which Baru debunked in his subsequent response, to that Kachikwu's memo. Kachikwu has not come back since then, to say Baru was wrong, or he was telling a lie against him.

Baru was being smart by half. It is not like Kachikwu said they never spoke at all but that Baru was "selective" in what to say or what meetings to attend.

It is a high possibility that certain issues Baru raised Kachikwu took to FEC on the ministry's behalf. May not have included the contracts or appointments.

Abeg stop supporting mischief just because your political leanings align with Baru.

Vivere:


Ask PMB. He would know. He delegated all his functions to Osinbajo for a reason.

All his functions as the PRESIDENT to Yemi Osinbajo. That is why Yemi cannot go to PMBs bedroom to sleep with his wife Aisha. PMB did not delegate his functions as a husband for example to Yemi and neither did he do so as a Petroleum Minister.

EruditorII:

Baru was being smart by half. It is not like Kachikwu said they never spoke at all but that Baru was "selective" in what to say or what meetings to attend.

It is a high possibility that certain issues Baru raised Kachikwu took to FEC on the ministry's behalf. May not have included the contracts or appointments.

Abeg stop supporting mischief just because your political leanings align with Baru.

It is sad that you have refused to see the truth. You first said that Kachikwu did not know anything about the contracts or approvals. It was debunked. Later you claimed that Kachikwu did not submit those documents to FEC. Again this was refuted. Later you claimed that PMB delegated full powers to Kachikwu to act as Petroleum Minister. Again you were asked for evidence which you could not produce. You keep going round in circles. Stop supporting Kachikwu's erroneous beliefs out of nepotism.

Let us wait for Kachikwu to respond to Baru's comments first, before coming to any conclusions.

EruditorII:


All his functions as the PRESIDENT to Yemi Osinbajo. That is why Yemi cannot go to PMBs bedroom to sleep with his wife Aisha. PMB did not delegate his functions as a husband for example to Yemi and neither did he do so as a Petroleum Minister.

Oga where is the evidence that he gave all those powers to Kachikwu, to act in his stead as Petroleum Minister? There is nothing in writing to prove PMB did so. So stop using examples that would not fly. Aisha has nothing to do with this discussion.

Vivere:


It is sad that you have refused to see the truth. You first said that Kachikwu did not know anything about the contracts or approvals. It was debunked. Later you claimed that Kachikwu did not submit those documents to FEC. Again this was refuted. Later you claimed that PMB delegated full powers to Kachikwu to act as Petroleum Minister. Again you were asked for evidence which you could not produce. You keep going round in circles. Stop supporting Kachikwu's erroneous beliefs out of nepotism.

Let us wait for Kachikwu to respond to Baru's comments first, before coming to any conclusions.

How was anything debunked? You are just throwing red herrings based on Baru's rejoinder. So Kachikwu complained about being sidelined when he was in the know and even took the approvals to FEC on behalf of the ministry? So what does it mean to be sidelined?

Yes I claimed PMB vested all his authority to Kachikwu and common sense backs me up, which is why Kachikwu went to report to PMB. If that were not so, he would have either resigned or asked PMB for more authority instead he was reporting to him and calling Baru insubordinate, disrespectful and mischievous.

Vivere:

Oga where is the evidence that he gave all those powers to Kachikwu, to act in his stead as Petroleum Minister? There is nothing in writing to prove PMB did so. So stop using examples that would not fly. Aisha has nothing to do with this discussion.

Where is your own that he delegated his authority as the Petroleum Minister to Yemi Osinbajo?

My claims are more logical than yours simply because Kachikwu and not Yemi Osinbajo is the State Minister of that ministry. Abi if Ameachi is going on sick-leave he can appoint Celestine Omehia to run the transport ministry and leave Sidika stuck in Limbo?

Please, shelve this verbal rigmarole.

EruditorII:

How was anything debunked? You are just throwing red herrings based on Baru's rejoinder. So Kachikwu complained about being sidelined when he was in the know and even took the approvals to FEC on behalf of the ministry? So what does it mean to be sidelined?

Yes I claimed PMB vested all his authority to Kachikwu and common sense backs me up, which is why Kachikwu went to report to PMB. If that were not so, he would have either resigned or asked PMB for more authority instead he was reporting to him and calling Baru insubordinate, disrespectful and mischievous.

Nobody is throwing any red herrings anywhere. It is just a figment of your imagination. At least in the case of Osinbajo, there is documented evidence, that he handed over to Osinbajo all his powers, so that Osinbajo could function in his stead. What proves that he did the same with Kachikwu? Common sense would not be called as a witness, if this case goes to a panel of enquiry, or a tribunal or to court. Baru has successfully defended himself against Kachikwu's allegations, citing relevant laws, regulations, approvals and documents he received. Kachikwu has not responded. Until he does that, I will not condemn anybody.

EruditorII:

Where is your own that he delegated his authority as the Petroleum Minister to Yemi Osinbajo?

My claims are more logical than yours simply because Kachikwu and not Yemi Osinbajo is the State Minister of that ministry. Abi if Ameachi is going on sick-leave he can appoint Celestine Omehia to run the transport ministry and leave Sidika stuck in Limbo?

Please, shelve this verbal rigmarole.

Your claims are more logical? In what way? Looking at the practice of a minister may not be the best way to judge what PMB would do, or (has already done) in similar circumstances. If truly PMB delegated his powers as Petroleum Minister to Kachikwu, why hasn't Kachikwu said so all this while? How come no one has made reference to it? You are the one engaging in a verbal rigmarole. So please go ahead and indulge yourself a bit further. As for me, I am waiting to see how Kachikwu would respond to Baru's rejoinder.

Vivere:


Your claims are more logical? In what way? Looking at the practice of a minister may not be the best way to judge what PMB would do, or has already done in similar circumstances. If truly PMB delegated his powers as Petroleum Minister to Kachikwu, why hasn't Kachikwu said so all this while? How come no one has made reference to it? You are the one engaging in a verbal rigmarole. So please go ahead and indulge yourself a bit further.

In his memo to Buhari, Kachikwu stated that when Buhari was unwell in London for several months between May and August, Baru tried to get direct approval from Vice President Yemi Osinbajo — who was acting president at the time — for some personnel changes at the NNPC.

But Osinbajo asked Baru to go back to Kachikwu and get his input and approval first before making the changes.

Baru refused to consult Kachikwu on that.

For weeks, the changes were not made, until Buhari returned on August 19. By August 29, Baru announced the changes.

This prompted Kachikwu’s letter to the president on August 30, complaining that he learnt of the development in the media.

https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html

Osinbajo, like Kachikwu know something you don't know. Listen to them please.

Vivere:


Nobody is throwing any red herrings anywhere. It is just a figment of your imagination. At least in the case of Osinbajo, there is documented evidence, that he handed over to Osinbajo all his powers, so that Osinbajo could function in his stead. What proves that he did the same with Kachikwu? Common sense would not be called as a witness, if this case goes to a panel of enquiry, or a tribunal or to court. Baru has successfully defended himself against Kachikwu's allegations, citing relevant laws, regulations, approvals and documents he received. Kachikwu has not responded. Until he does that, I will not condemn anybody.

Successfully defended and you would not condemn anybody indeed.

https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html

Read this article; you might learn a thing or two.

EruditorII:

Successfully defended and you would not condemn anybody indeed.

https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html

Read this article; you might learn a thing or two.

There is nothing new in the article. It actually contains more conjecture, than fact. The article says Baru got approval from Buhari, but did not say how it was done. The article also says Baru tried to get approval from Osinbajo, but he was asked to go back to Kachikwu. It never said why Baru declined to go back to Kachikwu, or if he actually went and Kachikwu denied him audience.

Again, it is clear that Buhari never relinquished his powers as Petroleum Minister and NNPC Board Chairman, so why didn't Kachikwu take this up directly with the President, instead of unleashing his frustration on Baru?

And finally, the paper fails to make a distinction between the kind of contracts that go to the board, and the ones that fall within the brief of the GMD NNPC.

Kachikwu himself as GMD NNPC hired new people from outside the corporation, to become GEDs. Nobody complained at that time. He redeployed others, and made several new appointments in his capacity as GMD. No one saw anything wrong with it. And please don't tell me that it was because he was Minister of State. That position is not backed by any known law, act or regulation in the petroleum industry.

Left to me, this is an ego clash between Kachikwu and Baru. Kachikwu as a leader has failed to manage his staff and stakeholders, properly. And that is what has caused this fiasco. Kachikwu cannot recognise the limits of his powers, because he is yet to come to terms with the fact that his powers have been reduced considerably, since he is no more the GMD.

Vivere:

There is nothing new in the article. It actually contains more conjecture, than fact. The article says Baru got approval from Buhari, but did not say how it was done. The article also says Baru tried to get approval from Osinbajo, but he was asked to go back to Kachikwu. It never said why Baru declined to go back to Kachikwu, or if he actually went and Kachikwu denied him audience.

Again, it is clear that Buhari never relinquished his powers as Petroleum Minister and NNPC Board Chairman, so why didn't Kachikwu take this up directly with the President, instead of unleashing his frustration on Baru?

And finally, the paper fails to make a distinction between the kind of contracts that go to the board, and the ones that fall within the brief of the GMD NNPC.

Kachikwu himself as GMD NNPC hired new people from outside the corporation, to become GEDs. Nobody complained at that time. He redeployed others, and made several new appointments in his capacity as GMD. No one saw anything wrong with it. And please don't tell me that it was because he was Minister of State. That position is not backed by any known law, act or regulation in the petroleum industry.

Left to me, this is an ego clash between Kachikwu and Baru. Kachikwu as a leader has failed to manage his staff and stakeholders, properly. And that is what has caused this fiasco. Kachikwu cannot recognise the limits of his powers, because he is yet to come to terms with the fact that his powers have been reduced considerably, since he is no more the GMD.

One Big Bottle of Chilled Guiness Stout with One pot of Isi-ewu for you...

We rest our case with Dr. Ibe Kachukwu!!!

Vivere:

There is nothing new in the article. It actually contains more conjecture, than fact. The article says Baru got approval from Buhari, but did not say how it was done. The article also says Baru tried to get approval from Osinbajo, but he was asked to go back to Kachikwu. It never said why Baru declined to go back to Kachikwu, or if he actually went and Kachikwu denied him audience.

Again, it is clear that Buhari never relinquished his powers as Petroleum Minister and NNPC Board Chairman, so why didn't Kachikwu take this up directly with the President, instead of unleashing his frustration on Baru?

And finally, the paper fails to make a distinction between the kind of contracts that go to the board, and the ones that fall within the brief of the GMD NNPC.

Kachikwu himself as GMD NNPC hired new people from outside the corporation, to become GEDs. Nobody complained at that time. He redeployed others, and made several new appointments in his capacity as GMD. No one saw anything wrong with it. And please don't tell me that it was because he was Minister of State. That position is not backed by any known law, act or regulation in the petroleum industry.

Left to me, this is an ego clash between Kachikwu and Baru. Kachikwu as a leader has failed to manage his staff and stakeholders, properly. And that is what has caused this fiasco. Kachikwu cannot recognise the limits of his powers, because he is yet to come to terms with the fact that his powers have been reduced considerably, since he is no more the GMD.

This post I am responding to has as much conjecture as the article.

First, why would Kachikwu deny him audience and then claim he was sidelined and why did Baru not refute this claim about meeting Yemi Osinbajo in his rejoinder?

Second, even Baru will not agree with your claim that PMB did not relinquish his post as NNPC Board chairman to Dr. Kachikwu. In fact, in his rejoinder (which you claimed he successfully defended himself) he admitted that albeit Kachikwu was the head of the NNPC board, that position did not accord him the right to approve contracts and was the exclusive preserve of the NTB.

Next, what is the paper's business with explaining what type of contracts went where and what do you mean lashing out at Baru? Kachikwu was reporting Baru to PMB- that fact is clear to even Blind Bartimaeus.

Kachikwu hired people from outside the corporation? Is that what anyone claimed the issue was? Did Deziani not do so too? The issue was never about that but if due process was followed in the appointment. Kachikwu followed the process by having the consent of the Minister and state minister if you please, having received delegated authority from PMB whilst he, Kachikwu occupied the GMD position as well as the State minister's . So your argument falls flat on its head.

Left to you Kachikwu failed to manage his staff and stakeholders properly? Thank heavens the decision is not left to you. So Baru was not complicit in insubordination? In disrespecting The state minister? In disobeying the acting president?

You have already exposed where you stand and I am happy that common sense, tenets of pure-mindedness and the spirit of the law do not back you. It is now left to see if PMB will tow the same path as you or the common sense path.

Abeg park well, is it not the same NNPC that passed all the financial Audits with doctored reports amidst all the glory days of looting by Diezani and others.

EruditorII:
This post I am responding to has as much conjecture as the article.

First, why would Kachikwu deny him audience and then claim he was sidelined and why did Baru not refute this claim about meeting Yemi Osinbajo in his rejoinder?

Second, even Baru will not agree with your claim that PMB did not relinquish his post as NNPC Board chairman to Dr. Kachikwu. In fact, in his rejoinder (which you claimed he successfully defended himself) he admitted that albeit Kachikwu was the head of the NNPC board, that position did not accord him the right to approve contracts and was the exclusive preserve of the NTB.

Yes, Baru made reference to Kachikwu's role. But he also explained quite clearly that NNPC's Contracting Processes are governed by various laws, regulations and policies. He listed them all - about 7 or 8 of those documents. And he also made it clear what aspects fell under the purview of NNPC Board, and what was clearly not part of NNPC Governing Board functions, as well as the aspects that fell solely within the brief of the NNPC Tenders Board, chaired by the GMD. In his statement, Baru said (and I quote):

NNPC had cause to clarify severally from Bureau of Public Procurement (BPP) as to the composition of NNPC Tenders Board and the role of NNPC Board appointed by Government. The following clarifications were made.

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.......

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.

As can be seen, all these clarifications were sought and obtained prior to August, 2015 and were implemented by Dr. Kachikwu as the GMD of NNPC. Dr. Kachikwu also constituted the first NNPC Tenders Board on 8th September, 2015 and continued to chair it until his exit in June, 2016.
https://www.premiumtimesng.com/news/headlines/245496-breaking-nnpc-scandal-group-managing-director-baru-breaks-silence.html

As for your other question, only Kachikwu can explain why he felt sidelined. Baru refuted Kachikwu's claims of sidelining him in his rejoinder, but obviously you failed to see it. Baru also made a statement which has not been denied till date, by Kachikwu:

Furthermore, contrary to the assertion of Dr. Kachikwu that he was never involved in the 2017/2018 contracting process for the Crude Oil Term Contracts, Dr. Kachikwu was in fact expressly consulted by the GMD and his recommendations were taken into account in following through the laid down procedure. Thus, for him to turn around and claim that “…these major contracts were never reviewed or discussed with me…” is most unfortunate to say the least.

EruditorII:
Next, what is the paper's business with explaining what type of contracts went where and what do you mean lashing out at Baru? Kachikwu was reporting Baru to PMB- that fact is clear to even Blind Bartimaeus.

There is something called investigative journalism. The paper reported a story without getting all sides to the issue and without determining the underlying factors. That is what differentiates a good story from a bad one. For the record, I never said he lashed out at Baru. I said he unleashed his frustrations on Baru. There is a difference. The paper mentioned that Baru failed to refer matters to the NNPC Board, but did not tell us what matters fell under the NNPC Board, and if the issues Baru was accused of not taking to the Board were actually part of those matters that needed to be handled by the NNPC Governing Board.

EruditorII:
Kachikwu hired people from outside the corporation? Is that what anyone claimed the issue was? Did Deziani not do so too? The issue was never about that, but if due process was followed in the appointment. Kachikwu followed the process by having the consent of the Minister and state minister if you please, having received delegated authority from PMB whilst he, Kachikwu occupied the GMD position as well as the State minister's . So your argument falls flat on its head.

Yes, part of the things that paper spoke about, was Baru's request to carry out staff changes. In fact, if you recall what the paper said - the approval that Baru requested from Osinbajo was to cover the redeployment of personnel. That was why I made reference to hiring of staff and personnel changes in my last post. Let me reproduce an excerpt from that paper here:

In his memo to Buhari, Kachikwu stated that when Buhari was unwell in London for several months between May and August, Baru tried to get direct approval from Vice President Yemi Osinbajo — who was acting president at the time — for some personnel changes at the NNPC. But Osinbajo asked Baru to go back to Kachikwu and get his input and approval first before making the changes.
Read more: https://www.naij.com/1129574-how-buhari-allegedly-caused-nnpc-scandal-report.html#1129574

EruditorII:
Left to you Kachikwu failed to manage his staff and stakeholders properly? Thank heavens the decision is not left to you. So Baru was not complicit in insubordination? In disrespecting The state minister? In disobeying the acting president?

You have already exposed where you stand and I am happy that common sense, tenets of pure-mindedness and the spirit of the law do not back you. It is now left to see if PMB will tow the same path as you or the common sense path.

Yes, to me Kachikwu failed to manage his staff properly. A good leader is also expected to be a good team player. For a staff to get so disenchanted with a leader, that he goes elsewhere to seek approval to cover his requests, is not a good sign. Their frosty relationship did not start yesterday. It had been on-going and there are no reports to show that Kachikwu ever made an attempt to diffuse the tension or halt the deterioration, in their relationship. The buck stops at the leader's table.

As I have often repeated, there is no provision in the NNPC Act for a Minister of State to play an operational role in the daily affairs of NNPC. Kachikwu as a lawyer, either did not know that and sought to wield the powers of a full substantive Minister (which he wasn't, by trying to use powers which everyone knew he didn't have), or he probably did not realise the scope of his powers had diminished considerably, after he relinquished the GMD's post, to Baru. PMB needs to come back in and clarify the limits of everyone's roles, powers and responsibilities quite clearly, to prevent further problems between both gentlemen.

I knew Kachikwu’s claims couldn’t be true, says David-West | Posted By: Bisi Oladele | October 11, 2017

A former Minister of Petroleum Resources, Prof. Tam David-West, has described the response of the Nigerian National Petroleum Corporation (NNPC) to Minister of State (Petroleum), Ibe Kachikwu’s allegation as a relief, saying it confirmed his thinking that the allegations could not have been true.

David-West, who spoke with our reporter in Ibadan, the Oyo State capital yesterday, said he had refrained from commenting on NNPC for many years, until he read the corporation’s response to the minister’s allegations.

According to him, Kachikwu’s claims on $25 billion contracts could not have been true, given the strict rules guiding such at the NNPC.

He said: “On reading Kachikwu’s letter, I was flabbergasted that something like that could ever happen. If it is the NNPC that I know, I can’t believe that all those things could have happened. The rules of lifting oil are so strict that when I read his letter, I could not believe my eyes.

“To lift oil within Nigeria, you must be a corporate organisation or a country. If it is a corporate organisation, you must have a minimum of 20 staff and have a refinery. If it is a country, it must also have a refinery. The organisation must also submit audited financial report of three consecutive years and deposit a non-refundable fund of $1.5 million. This sum was originally levied in Naira but we changed it in 1984 when exchange rate was $1.5 to N1. But now, it has been reduced and this has brought more organisations into the business. In fact, about 40 organisations now lift Nigerian oil as if they are buying palm oil.

“With those strict conditions, it baffled me to read what Kachikwu wrote.

“Again, oil contracts are not discussed at either NNPC board meetings or Federal Executive Council meetings to avoid slowing down decision-making process. The corporation has its own tenders board though the basic rules have been updated over time. I was surprised that Kachikwu’s letter was also leaked to the press because it was an embarrassment to the President. Definitely, something fundamental is wrong somewhere. The letter could not have been leaked by the Presidency, because it was an embarrassment to the President. It could also not have been leaked by Maikanti Baru, because it would have been an indictment on him.

“So, I was relieved on reading NNPC’s response. It confirmed that things have not gone so bad as Kachikwu portrayed it in his letter. As a matter of fact, if the content of the letter were true, it would scare players in the oil industry away from Nigeria.

“Some people also said that the Petroleum Industry Bill (PIB) would have prevented that kind of situation if it had been passed. That is not correct. The PIB is not the solution to the problem in the Nigerian oil industry. In fact, if passed the way it is, it can destroy the industry. I have read it. It is not a serious bill. It has only 40 words. If they don’t look at it carefully before passing it, it can destroy the industry.”

http://thenationonlineng.net/knew-kachikwus-claims-couldnt-true-says-david-west/

cc: EruditorII, here is another viewpoint from a different newspaper.

Vivere:


cc: EruditorII, here is another viewpoint from a different newspaper.

Nobody is contending that the Tenders board should make decisions on contract approvals. The bone of contention is whether the Minister of State should be excluded from such decisions. The answer is no simply because - in Kachikwu's case - he is the one that oversees the daily activities of that ministry not PMB.

Another lawyer, Jiti Ogunye made the same claim stating that Kachikwu as the Minister of state was also appointed the chairman of the NNPC board which also oversees the plans of the NNPC and the Tenders board by extension.

There is no justification for sidelining Kachikwu on any technicalities except one is pandering to the mischievous whims of the current GMD. In fact, any rule that allows Baru to unilaterally make decisions under his office as the chairman of the Tenders board, also lets him to by pass the substantive Minister of Petroleum resources. That fact is clear.

Anyways, I expect PMB to make a decision on the matter soon then we would know if he approved of Baru's antics.

EruditorII:


Nobody is contending that the Tenders board should make decisions on contract approvals. The bone of contention is whether the Minister of State should be excluded from such decisions. The answer is no simply because - in Kachikwu's case - he is the one that oversees the daily activities of that ministry not PMB.

Another lawyer, Jiti Ogunye made the same claim stating that Kachikwu as the Minister of state was also appointed the chairman of the NNPC board which also oversees the plans of the NNPC and the Tenders board by extension.

There is no justification for sidelining Kachikwu on any technicalities except one is pandering to the mischievous whims of the current GMD. In fact, any rule that allows Baru to unilaterally make decisions under his office as the chairman of the Tenders board, also lets him to by pass the substantive Minister of Petroleum resources. That fact is clear.

Anyways, I expect PMB to make a decision on the matter soon then we would know if he approved of Baru's antics.

The way you stylishly weave unrelated things at every turn in this debate, is really baffling, TBH. Again, neither the NNPC Board not it's Chairman has any direct control on the NNPC Tenders' Board! Haba.

And, seems you're hell-bent on giving Kachikwu all the powers he does not possess; otherwise, why would you start characterizing lawful and proper governance steps taken by Baru as "antics?"

My people, aside from all these back and forth though, to me the most damaging aspect of Kachikwu's letter, is the way he's now given undeserved ammunition to social media misfits to keep singing, "$26bn contracts awarded by Baru under Buhari without due process," or, "$26bn missing under Buhari," and so on, when, in fact, no such contracts exist, no such money has been stolen or misappropriated, and due process was followed all the way with respect to actions already taken/contracts already signed.

Unfortunately, those misinformation and propaganda are still being "visuvella'd" upandan, and possibly scaring away less informed investors. And to think that such things don't get easily erased from the minds and narratives of the gullible? Chai.

Kachikwu misfired big time on this one; he might have in fact unwittingly harmed the government of his benefactor already, just because of his now glaringly limited knowledge and poor understanding of a parastatal over which he himself (Kachikwu) was once installed as GMD.

Playing the victim at every turn is simply the nature of some people, even if they'd bring down the house while doing so. Kachikwu should simply back off this matter, as he's now appearing to do, and should in fact tender an un-reserved apology to at least his principal employer. I believe he can still be useful in the present dispensation. Today, he's already advocating that the power of the minister should in fact be wittled down/reduced, so as to allow parastatals such as the NNPC to do their work more effectively.

There we go. 'Nuf said.

........
P34c3
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...

duwdu:


The way you stylishly weave unrelated things at every turn in this debate, is really baffling, TBH. Again, neither the NNPC Board not it's Chairman has any direct control on the NNPC Tenders' Board! Haba.

And, seems you're hell-bent on giving Kachikwu all the powers he does not possess; otherwise, why would you start characterizing lawful and proper governance steps taken by Baru as "antics?"

My people, aside from all these back and forth though, to me the most damaging aspect of Kachikwu's letter, is the way he's now given undeserved ammunition to social media misfits to keep singing, "$26bn contracts awarded by Baru under Buhari without due process," or, "$26bn missing under Buhari," and so on, when, in fact, no such contracts exist, no such money has been stolen or misappropriated, and due process was followed all the way with respect to actions already taken/contracts already signed.

Unfortunately, those misinformation and propaganda are still being "visuvella'd" upandan, and possibly scaring away less informed investors. And to think that such things don't get easily erased from the minds and narratives of the gullible? Chai.

Kachikwu misfired big time on this one; he might have in fact unwittingly harmed the government of his benefactor already, just because of his now glaringly limited knowledge and poor understanding of a parastatal over which he himself (Kachikwu) was once installed as GMD.

Playing the victim at every turn is simply the nature of some people, even if they'd bring down the house while doing so. Kachikwu should simply back off this matter, as he's now appearing to do, and should in fact tender an un-reserved apology to at least his principal employer. I believe he can still be useful in the present dispensation. Today, he's already advocating that the power of the minister should in fact be wittled down/reduced, so as to allow parastatals such as the NNPC to do their work more effectively.

There we go. 'Nuf said.

........
P34c3
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...

I could have dismissed your post as that of a bigoted troll but then you kept making grandiose statements that when put to the sword you can't back up.

The stupidity behind your first paragraph for example. So Baru wrote that rubbish and you guzzled it? Does that even make sense? Where is it done that the NNPC board (of which Baru is a member) which oversees the plans and budget of the whole corporation will somehow not be involved in the affairs of the Tenders board (of which all members here in are staff of the NNPC)? So how will the NNPC board oversee the budget of NNPC if it does not include the budgets approved by the NTB? Why must you talk like you have no brains simply because you think this is some North vs South debate?

So If what Baru displayed was not mischievous antics what else do we call it? Ibe Kachikwu's associates have also brought the law and Act to you to show that the Tenders Board don't approve contracts; they simply plan, organise, evaluate, execute and supervise the conduct of ‘procurement processes’ and not to approve contracts. So Baru was the liar stretching the limits of his power - which makes sense because what law would make the GMD and his goons approve contracts without oversight? That must be an inane law. Sadly, such law does not exist.

What is particularly funny to me is how you want to maintain that due process was followed in the face of glaring evidences against that fact. When did PMB approve those contracts? From his sick bed? When did FEC approve them and who tabled it to the FEC? PMB or Kachikwu saying he did not? Make up your mind on which illogic to guzzle.

I reserved my guffaw for the concluding part that Kachikwu is scaring away investors. That is a pipe dream. Without him no single investment would have been made with credible investors because it is clear it is only him they trust. If that were not so, why was there a recent leak in the press reporting how the GMD of NNPC through the GGM NAPIMS tried to force IOCs to be paying $100M a year to rehabilitate the North east? Is that one also part of the companies' mandate? Well, just incase you wanted to tow that path, the IOCs came to refute that it was part of their CSR especially when they pay their taxes to the FG. So you can spin your narrative in whatever helps you sleep at night.

You are talking about a Harvard trained lawyer who was chief counsel to the largest corporation in the world and you want to teach him how to interpret laws, Acts and regulations? You are bold but I don't envy you.

Read this incase you want to pretend you did not see it on Nairaland today;

https://www.nairaland.com/4109461/26-billion-scandal-kachikwus-camp

@EruditorII;

When at first you wrote, "... stupidity behind your first paragraph...," I was like, "please ignore such language and continue reading." Then, a few words later I saw, "... you talk like you have no brains...," and I stopped reading. Sorry.

Thanks, and bye.

........
P34c3
.....
...

Vivere:

A corruption avenue that Kachikwu himself never revealed when he was still GMD of NNPC and was also approving contracts using the same structure?

kachikwu didn't sign any such contract without the board
kachikwu signed within his threshold, but baru signed above his threshold without the board

bigfish3k:

kachikwu didn't sign any such contract without the board
kachikwu signed within his threshold, but baru signed above his threshold without the board

Is that what you were told?

Vivere:

Is that what you were told?

yes, present ur evidence that kachikwu signed above his threshold

evidence against baru is already there with kachikwus leaked letter

which he is trying so desperately to defend saying that the petroleum minister gave him consent

tell me , are u comfortable that only two people ( GMD & PETROLEUM MINISTER) can just initiate and sign such whopping amount without any board approval. then where lies the checks and balances that will help fight corruption, how can that be the law as explained by baru, such law is destroying the country. even though every one thought that NNPC has been unbundled by this administration in order to curb corruption

bigfish3k:

yes, present ur evidence that kachikwu signed above his threshold

evidence against baru is already there with kachikwus leaked letter

which he is trying so desperately to defend saying that the petroleum minister gave him consent

tell me , are u comfortable that only two people ( GMD & PETROLEUM MINISTER) can just initiate and sign such whopping amount without any board approval. then where lies the checks and balances that will help fight corruption, how can that be the law as explained by baru, such law is destroying the country. even though every one thought that NNPC has been unbundled by this administration in order to curb corruption

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!

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!

Don't make a dud claim and run when facts are sent at you. I kept reminding you that in Kachikwu's time there was no constituted NNPC board. He was both Acting Minister and GMD. So he took all approvals to the C-in-C and got them approved at FEC by himself (being a member).

When he left, PMB constituted a board so Baru was bound to defer to them but kept dodging them and approving contracts flimsily.

I cannot believe you are still trying to defend this illegality even after you have defended many positions all of which have now contradicted themselves. It is criminal if not baffling.

EruditorII:

Don't make a dud claim and run when facts are sent at you. I kept reminding you that in Kachikwu's time there was no constituted NNPC board. He was both Acting Minister and GMD. So he took all approvals to the C-in-C and got them approved at FEC by himself (being a member).

When he left, PMB constituted a board so Baru was bound to defer to them but kept dodging them and approving contracts flimsily.

I cannot believe you are still trying to defend this illegality even after you have defended many positions all of which have now contradicted themselves. It is criminal if not baffling.

Kachikwu was playing smart by not asking PMB to constitute a board, when he was still GMD NNPC. I repeat there is no provision for Minister of State anywhere in the NNPC Act. So saying Kachikwu was acting Minister is wrong. Acting Minister of what? Buhari was still substantive Minister of Petroleum when Kachikwu was GMD NNPC, so Kachikwu could not have been the substantive Minister under Buhari. There are others who believe the lack of clarity with regards to matters that go to the board, and those that remain within the purview of the NNPC Tenders Board, has never been properly addressed. And this is one of the issues causing the friction between Kachikwu and Baru.

a former Chairman of Stanbic IBTC Bank, Mr. Atedo Peterside, stated that the board of NNPC was not set up to embrace transparency and enhance better oversight functions, but to facilitate interference in the operations of the state-run oil firm, by the Presidential Villa.

Peterside, who is the Founder and Chairman of Anap Business Jets Limited, also pointed out that from the corporate governance perspective, there was no clarity on what should come to the NNPC board and what should not go to the board for approval.
What happens if the president who is the petroleum minister is outside the country for 90 days?

Does the Minister of State assume the role of a full minister in the president’s absence? Does the acting president become the oil minister?

“When things are unclear, everybody has to be careful. The acting president should be careful because he is not sure he is the oil minister. The minister of state has to be careful, because he is not sure he is the minister now,” Peterside said. https://www.thisdaylive.com/index.php/2017/10/10/nnpc-response-kachikwus-board-effectively-redundant/

Vivere:


Kachikwu was playing smart by not asking PMB to constitute a board, when he was still GMD NNPC. I repeat there is no provision for Minister of State anywhere in the NNPC Act. So saying Kachikwu was acting Minister is wrong. Acting Minister of what? Buhari was still substantive Minister of Petroleum when Kachikwu was GMD NNPC, so Kachikwu could not have been the substantive Minister under Buhari. There are others who believe the lack of clarity with regards to matters that go to the board, and those that remain within the purview of the NNPC Tenders Board, has never been properly addressed. And this is one of the issues causing the friction between Kachikwu and Baru.

Hahahaha! How many appointments did Buhari not make in record time including the ministers? Please, this makes no sense. Left to PMB, he did not even want to convoke an NNPC board; he trusted Kachikwu to bridge the position of NNPC GMD and Minister. The very fact that you keep drumming on Substantive minister for PMB makes me wonder if you understand the sector at all. Kachikwu doubled as both state minister and GMD - PMB, the so-called substantive minister did not participate in the daily runnings.

I told you that PMBs role was needed so that Kachikwu would have some sort of authority playing oversight on him. The moment PMB sought to alleviate him of that position - it was right to constitute a board to play oversight over the GMD and the whole sector.

As per the talk about non-clarity of the board's role and the NTB. You are doing a bad job at circumlocution. No matter what is within the purview of the NTB they are still subject to the NNPC board and answerable to them - that is what the law says. Again, to put my question into context; how else will NNPC board supervise and oversee the plans and budget of the NNPC (which includes the NTB) that they would not have any input in the contract approvals?

EruditorII:
Hahahaha! How many appointments did Buhari not make in record time including the ministers? Please, this makes no sense. Left to PMB, he did not even want to convoke an NNPC board; he trusted Kachikwu to bridge the position of NNPC GMD and Minister. The very fact that you keep drumming on Substantive minister for PMB makes me wonder if you understand the sector at all. Kachikwu doubled as both state minister and GMD - PMB, the so-called substantive minister did not participate in the daily runnings.

I told you that PMBs role was needed so that Kachikwu would have some sort of authority playing oversight on him. The moment PMB sought to alleviate him of that position - it was right to constitute a board to play oversight over the GMD and the whole sector.

As per the talk about non-clarity of the board's role and the NTB. You are doing a bad job at circumlocution. No matter what is within the purview of the NTB they are still subject to the NNPC board and answerable to them - that is what the law says. Again, to put my question into context; how else will NNPC board supervise and oversee the plans and budget of the NNPC (which includes the NTB) that they would not have any input in the contract approvals?

I am tired of repeating myself. It has been pointed out over and over again, that the NNPC Act does not have anything in it, that assigns any role to a Minister of State. In fact, the word Minister of State is not even mentioned at all, anywhere inside the Act. It only recognises a substantive Petroleum Minister, and that Minister in this case is Buhari. If truly PMB assigned the powers of a full Minister of Petroleum to Kachikwu, let him tender the documentary evidence.

When a whole NNPC Act that assigns roles and responsibilities to the different players in the oil industry fails to mention a Minister of State, then what is Kachikwu relying upon to grant him powers to execute any function as Minister of State? Where does he derive his powers from? Most of the reforms and actions he carried out while he was GMD NNPC were made possible, because of the powers he was granted as GMD NNPC under the NNPC Act. I don't know why this is so difficult to understand. As a Minister of State, Kachikwu has no law giving him any powers that permit him to interfere in the daily affairs of NNPC, going by the NNPC Act.

As for the issue of Kachikwu complaining about being sidelined as Chairman of NNPC Board, the ACt clearly says that

"1. (2) The affairs of the Corporation shall, subject to Part II of this Act, be conducted by a Board of Directors of the Corporation which shall consist of a Chairman and the following other members etc., "

but it did not clearly define the term or nature of activities that fall under the term - 'affairs.' Based on this, would you say that if the NNPC wants to order ordinary toilet roll or pen and paper, it should refer to the Board? Clearly, that would slow down daily operations of the Corporation, as the intent of the law is not to bog down the Board with petty affairs, especially when the Board is expected to meet 4 times a year.

The same NNPC Act on the other hand is quite clear about the role, responsibilities and powers of the GMD NNPC. Further clarification was sought from the BPP with regards to the functions of the NNPC Governing Board, and the NNPC Tenders Board with regards to the procurement of works and services within the NNPC.

As discussed earlier in a previous post, I believe clarification provided by BPP is clear:

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.

b. BPP referred to the SGF circular for the composition of the NTB to compose of the Accounting Officer (GMD NNPC) as the Chairman, with Heads of Department (GEDs) as members with the Head of procurement (GGM SCM) serving as the Secretary of the NNPC Tenders Board.

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.

As can be seen, all these clarifications were sought and obtained prior to August, 2015 and were implemented by Dr. Kachikwu as the GMD of NNPC. Dr. Kachikwu also constituted the first NNPC Tenders Board on 8th September, 2015 and continued to chair it until his exit in June, 2016.

And when Kachikwu initially wrote his memo, he never even said that Baru contacted him and he made input into the selection of firms shortlisted for crude oil lifting. Why was he silent about that?

Just like Baru had earlier said, even the VP's spokesman who is the Senior Special Assistant to the Vice President on Media and Publicity, Mr Laolu Akande, has also come out to say:

"Both the Crude Term Contract and the Direct Sale, Direct Purchase (DSDP) agreements, for instance, these 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. It is therefore wrong and misleading to refer to them as though they’re contracts involving the expenditure of NNPC funds, or public funds of any sort....Akande also maintained that it was untrue and inaccurate to attach $10B and $5B values on both contracts, saying “attaching monetary values to these contracts is an arbitrary act that completely distorts understanding of the situation.”

“Whenever there is a monetary value on any consignment of crude oil lifted in this country by any firm, the proceeds go directly to the Federation Account and not to any company. In fact, the Buhari administration in the implementation of the Treasury Single Account (TSA) has closed down multiple NNPC accounts in order to promote transparency and probity. He said, “For the sake of emphasis, let me state clearly that both the Crude Term Contract and the Direct Sale and Direct Purchase agreements are not contracts for any procurement of goods, works or services, and, therefore, do not involve the use of public funds; instead, they are simply a shortlisting of off-takers.

“It is important to set the records straight that the list of approved off-takers does not carry any financial values, but simply states the terms and conditions for the lifting and supply of petroleum products.” https://www.channelstv.com/2017/10/15/breaking-no-25bn-nnpc-contracts-anywhere-says-presidency/

This shortlisting process had Kachikwu's input, yet it was the same Kachikwu that alleged that crude contracts had been awarded without his knowledge. Like I said before, let Kachikwu respond publicly to Baru's comments before any further statements can be made, because it appears that he has handled the whole relationship badly, by allowing things to deteriorate to this level.

Nigerians are fond of throwing their ego into the mix, by expecting people to bow at their feet, once they get to a high level position. That is when you get to hear of words like 'insubordination etc'... really? How ridiculous is that? So a whole Chairman of NNPC Board cannot solve issues pertaining to insubordination quietly in-house, without leaking a memo to the press? This is simply an ego clash between both men.

For Kachikwu to have pleaded with Buhari in his memo in this manner, shows that he has lost the plot.

“That you save, the office of the Minister of State from further humiliation and disrespect by compelling all parastatals to submit to oversight regulatory mandate and proper supervision which I am supposed to manage on your behalf.

“You kindly instruct the GMD to effectively leave NNPC to run as a proper institution, and report out along due process lines to the Board and that Your Excellency Instructs that all reviews be done with the Minister of State prior to your decision. http://dailypost.ng/2017/10/03/kachikwu-reacts-leaked-memo-buhari-nnpc-boss-baru/

Kachikwu needs to be reminded again, that the position of Minister of State does not exist within the NNPC Act. He should ask PMB to clarify the extent of the powers he (PMB) has given to him as Minister of State, and document it for all and sundry. Alternatively, he could push for an ammendment of the NNPC Act to include specific roles, responsibilities and powers for the Minister of State, and Chairman of the NNPC Board.

Vivere:


I am tired of repeating myself. It has been pointed out over and over again, that the NNPC Act does not have anything in it, that assigns any role to a Minister of State. In fact, the word Minister of State is not even mentioned at all, anywhere inside the Act. It only recognises a substantive Petroleum Minister, and that Minister in this case is Buhari. If truly PMB assigned the powers of a full Minister of Petroleum to Kachikwu, let him tender the documentary evidence.

When a whole NNPC Act that assigns roles and responsibilities to the different players in the oil industry fails to mention a Minister of State, then what is Kachikwu relying upon to grant him powers to execute any function as Minister of State? Where does he derive his powers from? Most of the reforms and actions he carried out while he was GMD NNPC were made possible, because of the powers he was granted as GMD NNPC under the NNPC Act. I don't know why this is so difficult to understand. As a Minister of State, Kachikwu has no law giving him any powers that permit him to interfere in the daily affairs of NNPC, going by the NNPC Act.

As for the issue of Kachikwu complaining about being sidelined as Chairman of NNPC Board, the ACt clearly says that but it did not clearly define the term or nature of activities that fall under the term - 'affairs.' Based on this, would you say that if the NNPC wants to order ordinary toilet roll or pen and paper, it should refer to the Board? Clearly, that would slow down daily operations of the Corporation, as the intent of the law is not to bog down the Board with petty affairs, especially when the Board is expected to meet 4 times a year.

The same NNPC Act on the other hand is quite clear about the role, responsibilities and powers of the GMD NNPC. Further clarification was sought from the BPP with regards to the functions of the NNPC Governing Board, and the NNPC Tenders Board with regards to the procurement of works and services within the NNPC.

As discussed earlier in a previous post, I believe clarification provided by BPP is clear:

And when Kachikwu initially wrote his memo, he never even said that Baru contacted him and he made input into the selection of firms shortlisted for crude oil lifting. Why was he silent about that?

Just like Baru had earlier said, even the VP's spokesman who is the Senior Special Assistant to the Vice President on Media and Publicity, Mr Laolu Akande, has also come out to say:

This shortlisting process had Kachikwu's input, yet it was the same Kachikwu that alleged that crude contracts had been awarded without his knowledge. Like I said before, let Kachikwu respond publicly to Baru's comments before any further statements can be made, because it appears that he has handled the whole relationship badly, by allowing things to deteriorate to this level.

Nigerians are fond of throwing their ego into the mix, by expecting people to bow at their feet, once they get to a high level position. That is when you get to hear of words like 'insubordination etc'... really? How ridiculous is that? So a whole Chairman of NNPC Board cannot solve issues pertaining to insubordination quietly in-house, without leaking a memo to the press? This is simply an ego clash between both men.

For Kachikwu to have pleaded with Buhari in his memo in this manner, shows that he has lost the plot.

Kachikwu needs to be reminded again, that the position of Minister of State does not exist within the NNPC Act. He should ask PMB to clarify the extent of the powers he (PMB) has given to him as Minister of State, and document it for all and sundry. Alternatively, he could push for an ammendment of the NNPC Act to include specific roles, responsibilities and powers for the Minister of State, and Chairman of the NNPC Board.

This excuse of what the law said about state minister is weak and overused. PMB did not approve contract. Osinbajo did not approve contracts and you are still talking about state minister not written in the law. Does that not show that PMB has done something illegal? Oya, spin it now that PMB did not do anything illegal. I am waiting.

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. This your hiding behind moot words is not working. If he had no role as it were, who then was tabling NNPCs issues to the FEC for goodness sake? Stop this talk about role and bla bla. PMB did not take NNPCs issues to the FEC and NO GMD IN HEAVEN AND EARTH CAN DO THAT. Only a member of the FEC can. Just rest this talk.

Stop trying to be clever by half. The affairs of the corporation are being decided by the board of directors. Who heads that board? Kachikwu. To add clarity to the ambiguity of affairs - the BPP had detailed what fell under what. The contracts approved according to Kachikwu totaled $25B and that could not have been done in valuations less than what was stipulated as beyond the reach of the NTB. He put out the figures.

Also, even the petty issues you described above after having been approved by the NTB must still pass through the NNPC board as they oversee all the AFFAIRS, PLANS and BUDGET of the whole corporation. You are just tying yourself into tortuous knots. There is no excuse whatsoever for Baru's insubordination.

I really LOLed at that part of your rejoinder in red. It was laughable. It was not included in the BPPs recommendation but was the conclusion drawn by Baru and his cohorts in NNPC. That conclusion, according to the law is FA FA FA FOUL! I warned you that you were regurgitating the misrepresentations of the law by NNPC but you did not listen. To remind you again, I will ask; if the NTB gets to make contract approvals on their own and only defer to the FEC at higher limits who then will take the memo of such contracts to the FEC? I am waiting for you to respond to that.

That statement is all shades of wrong. Another lawyer (a SAN, Quakers, on Law Weekly on Channels even said same). The NNPC board according to the NNPC ACT is responsible for CONTRACT APPROVALS. The NTB only implements contracts and directives of the board. Please, BPP cannot override the NNPC ACT and BPP did not. That conclusion was just conjecture and has been rendered null and void.

The NNPC board is instituted to oversee all the activities of the NNPC and the NTB. In fact, the GMD who is a member of the NNPC board gets his directives from the board and even when he procures minor contracts for the daily running of NNPC he must still subject it to the oversight of the NNPC Board. That is the standard. Stop peddling zobo here.

Kachikwu said Baru picked and chose when to get him informed or meetings to attend and which to delegate. That one is clear enough. You are doing a botched job if you think you are isolating one instance to show us that he was sometimes involved. You approved $25B contracts and only got the chairman of the NNPC board involved here and there - who the hell does that?

What are you saying about Mr. Laolu Akande? He has exposed the farce that you wanted to shift to when you wanted to claim contract approvals came from the VP when PMB was away. The VP has denied your's and NNPCs claims that he did any contract approvals. And remember I asked you that question: I said why will he seek Kachikwu's input on personnel and not on contracts? You still have not answered and cannot because Baru was wrong and so are you.

Now Kachikwu should have solved the issue in-house? How would he have solved it? By sacking Baru or overstepping the limits of his office? This is a puerile suggestion. Kachikwu did what he was supposed to do which is talk to the President. If he was as egotistical as you claimed why would he use the construction of humiliation and insubordination of his office? You are almost pulling excuses out of thin air.

The law knows the limits of the Minister of state; the NNPC board chairman and a member of the FEC. Other well-seasoned lawyers know so and have stated so. Fair-mindedness and common sense have said so. So join Baru and stand against all these forces. I don't envy you people.

EruditorII:
This excuse of what the law said about state minister is weak and overused. PMB did not approve contract. Osinbajo did not approve contracts and you are still talking about state minister not written in the law. Does that not show that PMB has done something illegal? Oya, spin it now that PMB did not do anything illegal. I am waiting.

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. This your hiding behind moot words is not working. If he had no role as it were, who then was tabling NNPCs issues to the FEC for goodness sake? Stop this talk about role and bla bla. PMB did not take NNPCs issues to the FEC and NO GMD IN HEAVEN AND EARTH CAN DO THAT. Only a member of the FEC can. Just rest this talk.

Stop trying to be clever by half. The affairs of the corporation are being decided by the board of directors. Who heads that board? Kachikwu. To add clarity to the ambiguity of affairs - the BPP had detailed what fell under what. The contracts approved according to Kachikwu totaled $25B and that could not have been done in valuations less than what was stipulated as beyond the reach of the NTB. He put out the figures.

Also, even the petty issues you described above after having been approved by the NTB must still pass through the NNPC board as they oversee all the AFFAIRS, PLANS and BUDGET of the whole corporation. You are just tying yourself into tortuous knots. There is no excuse whatsoever for Baru's insubordination.

I really LOLed at that part of your rejoinder in red. It was laughable. It was not included in the BPPs recommendation but was the conclusion drawn by Baru and his cohorts in NNPC. That conclusion, according to the law is FA FA FA FOUL! I warned you that you were regurgitating the misrepresentations of the law by NNPC but you did not listen. To remind you again, I will ask; if the NTB gets to make contract approvals on their own and only defer to the FEC at higher limits who then will take the memo of such contracts to the FEC? I am waiting for you to respond to that.

That statement is all shades of wrong. Another lawyer (a SAN, Quakers, on Law Weekly on Channels even said same). The NNPC board according to the NNPC ACT is responsible for CONTRACT APPROVALS. The NTB only implements contracts and directives of the board. Please, BPP cannot override the NNPC ACT and BPP did not. That conclusion was just conjecture and has been rendered null and void.

The NNPC board is instituted to oversee all the activities of the NNPC and the NTB. In fact, the GMD who is a member of the NNPC board gets his directives from the board and even when he procures minor contracts for the daily running of NNPC he must still subject it to the oversight of the NNPC Board. That is the standard. Stop peddling zobo here.

Kachikwu said Baru picked and chose when to get him informed or meetings to attend and which to delegate. That one is clear enough. You are doing a botched job if you think you are isolating one instance to show us that he was sometimes involved. You approved $25B contracts and only got the chairman of the NNPC board involved here and there - who the hell does that?

What are you saying about Mr. Laolu Akande? He has exposed the farce that you wanted to shift to when you wanted to claim contract approvals came from the VP when PMB was away. The VP has denied your's and NNPCs claims that he did any contract approvals. And remember I asked you that question: I said why will he seek Kachikwu's input on personnel and not on contracts? You still have not answered and cannot because Baru was wrong and so are you.

Now Kachikwu should have solved the issue in-house? How would he have solved it? By sacking Baru or overstepping the limits of his office? This is a puerile suggestion. Kachikwu did what he was supposed to do which is talk to the President. If he was as egotistical as you claimed why would he use the construction of humiliation and insubordination of his office? You are almost pulling excuses out of thin air.

The law knows the limits of the Minister of state; the NNPC board chairman and a member of the FEC. Other well-seasoned lawyers know so and have stated so. Fair-mindedness and common sense have said so. So join Baru and stand against all these forces. I don't envy you people.

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?

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.

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? 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. So far, the BPP has not denied making that statement, so what is your issue? You also said: "the BPP had detailed what fell under what." Good, I'm glad you saw that clearly. So what part of this statement does Kachikwu find so hard to understand? "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."

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? 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?

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.

SPECIFIC CONTRACTS MENTIONED IN THE HONOURABLE MINISTER OF STATE FOR PETROLEUM RESOURCES’ (HMSPR) LETTER TO MR. PRESIDENT

Crude Oil Term Contract (COTC)- valued at over $10bn
It is important to state that the COTC is not a contract for procurement of goods, works or services; rather it is simply a list of approved off-takers of Nigerian crude oil of all grades. This list does not carry any value, but simply state the terms and conditions for the lifting. It is therefore inappropriate to attach a value to it with the aim of classifying it as contract above Management limit.

In arriving at the off-takers list for 2017/2018 COTC, the following steps were followed:
Adverts were placed in National and International print media on Monday, 17th October, 2016.
The bids were publicly opened in the presence of all stakeholders (NIETI, DPR, BPP, Civil Society Organisations, NNPC SCM Division and the press as well as live broadcasts by the NTA and other TV stations).
Detailed evaluation was carried out and the short list of the successful off-takers was presented to the approving authority (Mr. President) for consideration and approval.
Thereafter, NNPC published the list of the successful off-takers in newspapers and NNPC’s official website.
This has been the standard procedure and it is the same process adopted during the 2016/2017 COTC when the HMSPR was the GMD.
In conclusion, due process has been fully followed in the shortlisting of the off-takers of the Nigerian crude oil for the current term 2017/2018.

The Direct Sale Direct Purchase (DSDP) Contract- valued at over $5bn
Like the COTC, the DSDP is not a contract for any procurement of goods, works or services, rather it is simply a list of off-takers of crude oil and suppliers of petroleum products of equivalent value.
This list does not carry any value, but simply state the terms and conditions for the lifting and supply of petroleum products. It is therefore mischievous to classify it as contract and attach a value to it that is above Management’s limit.

In arriving at the off-takers list for 2017/2018 DSDP, the following steps were followed:
Work plans and execution strategy for the DSDP was granted by the approving authority (Mr. President).
Adverts were placed in National and International print media and NNPC website on Thursday, 22nd December, 2016.
The bids were publicly opened in the presence of all stakeholders (NIETI, DPR, BPP, Civil Society Organisations, NNPC’s SCM Division and the press as well as live broadcast by the NTA and some TV stations).
Detailed evaluation was carried out and the short list of the successful off-takers was presented to the approving authority (Mr. President) for consideration and approval.
This has been the standard procedure and it is the same process adopted during the 2016/2017 DSDP when the HMSPR was the GMD.
In conclusion, it has been confirmed that due process has been followed in arriving at the shortlist of the DSDP partners for the 2017/2018 cycle.

The Ajaokuta-Kaduna-Kano (AKK) Gas Pipeline Contract
The AKK Gas pipeline project is a contractor financed contract. The process adopted for this contract is as follows:
Approval of project proposal and contracting strategy was given by NTB.
Placement of adverts for expression of interest in some National and International print media and NNPC’s website.
Expression of interest for pre-qualification received and evaluated.
Technical and Commercial tenders issued and evaluated
NTB considered and endorsed tender evaluation result for FEC approval since this contract is above NTB’s threshold subject to obtaining the following certificates of no objections: BPP certificate of no objection (obtained).
Certificate of no objection from Infrastructure Concession and Regulatory Commission (ICRC) (obtained).
Certificate of no objection from Nigerian Content Monitoring & Development Board (NCMDB) (being awaited)
BPP and ICRC certificates have been obtained, while that of NCDMB is being awaited after which the contract will be presented to FEC for consideration and approval. Thus, due process is being followed in the processing of this contract.

Various Financing Arrangements Considered with IOCs;
The financing arrangements reported as contracts are part of the process of exiting Cash Call approved by the FEC. It entails negotiations with JV Partners on alternative funding of some selected projects through third party financing to bridge the funding gap associated with Federal Government’s inability to meet its cash call contributions. The third party financing option emanates from the appropriation act provisions that allow sourcing of financing outside regular cash call contributions. Upon approval of the calendar year’s operating budget, the NNPC in conjunction with its JV partners, commence the necessary process for accessing financing to bridge the funding gap.

Section 8 sub-sections (1) and (4) of the NNPC Act CAP N123 requires that all NNPC borrowings must be approved by Mr. President. Specifically, it provides that:
(1) Subject to the other provisions of this section, the Corporation may, from time to time, borrow by overdraft or otherwise howsoever such sums as it may require in the exercise of its functions under this Act.
(4) Where any sum required aforesaid –
a) Is to be in currency other than Naira; and
b) Is to be borrowed by the Corporation otherwise than temporarily,
c) The Corporation shall not borrow the sum without the prior approval of the President.

Due Process:
NAPIMS and JV partner identify bankable projects that require financing and sends to NNPC Corporate Finance to assist in procuring financing.
Constitution of Joint Financing Team (JFT) between NNPC and the JV Partner. JFT NNPC invites Request For Proposals (RFPs) from Financial Institutions. Submitted RFPs are evaluated and beauty parade conducted to determine most cost-efficient proposal.
Negotiated Financing Strategy, Term-sheets, Structures and pricing are presented for NNPC Management’s (NTB) approvals.
NNPC presents the renegotiated terms for approval of Mr. President. NNPC executes the resultant Agreement.

Financings taken under this Administration: Approx. $3bn are as follows:
All established due process as enumerated above has been observed leading to the securing of financing for the following projects in 2016/2017:
SN · PROJECT · Amount (US$mn) APPROVALS · LOAN EXECUTED BY
NTB PRESIDENTIAL
· 1. · NNPC/CNL JV Project Cheetah 1,200.00 · 16/04/15 · 01/09/15 · Dr. E. I. Kachikwu
· 2. · NNPC/CNL JV Project Falcon 780.00 · 26/04/17 · 31/07/17 · Dr. M. K. Baru
· 3. · NNPC/SPDC JV Project 1,000.00 · 26/04/17 · 10/07/17 · Dr. M. K. Baru
Santolina
· TOTAL 2,980.00 · · ·
These are not procurement projects as described by the PPA, 2007. However, all established due processes as enumerated above were followed.

The NPDC Integrity Upgrade and Development Projects
All the NPDC procurement contracts were subjected to the approved procurement procedures as described in respect of the AKK Gas Pipeline project above. There were no breaches of any extant procurement processes. For the benefit of doubt, it is confirmed that there is no single NPDC contract that has been approved by the relevant Tenders Board beyond its limit of financial authority and there is no single contract that is in the $3Bn to $4Bn range claimed in the write-up.

Conclusions
From the foregoing, the allegations were baseless and due process has been followed in the various activities. Furthermore, it is established that apart from the AKK project and NPDC production service contracts, all the other transactions mentioned were not procurement contracts. The NPDC production service contracts have undergone due process, while the AKK contract that requires FEC approval has not reached the stage of contract award. http://www.africanexaminer.com/nnpc-crisis-baru-hits-back-says-kachikwu-nnpc-board-lack-power-on-contract-matters/

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.