Prominent lawyer, Femi Falana (SAN) has challenged the Economic and Financial Crimes Commission (EFCC) to prosecute Aviation minister over corruption charges or face a lawsuit from his chambers.
The legal luminary said the EFCC has a “statutory duty” to prosecute Oduah and “her agents” concerning their “criminal enterprise”. He also accused the House Committe of soft pedaling on Oduah when she appeared before the committee.
Falana provided legal advice to the EFCC in the letter, stating the areas where the aviation minister could be prosecuted under the laws of the country.
He said, she “exceeded her approval limit as only the Federal Executive Council can approve any transaction of N100m and above; and the transaction did not comply with any of the provisions of the Public Procurement Act,” and that “there was no appropriation for the sum of N255m for the acquisition of armoured cars in the Appropriation Act, 2013.”
Falana also advised, ““The prices of the two cars were inflated by the auto company in connivance with the aviation minister and the management of the NCAA.
“The loan of N643 million sourced from the First Bank Plc for the purchase of operational vehicles for the NCAA was not approved by the National Assembly.
“The repayment of the loan in 36 months by the NCAA is tantamount to contract splitting in contravention of the Financial Guidelines of the Federal Government.
“That the Aviation Minister admitted her involvement in the extra budgetary purchase of the cars when she gave illegal approval before directing the NCAA officials to “do the needful”!
“The Media Assistant to the Aviation Minister who claimed that the armoured cars were purchased for the “safety” of his boss has not denied the official statement.
“The Ministry of Aviation conspired with the auto company to evade the payment of appropriate duties on the armoured cars to the coffers of the Federal Governmen as they obtained duty waiver by false pretences from the Federal Ministry of Finance.
“The First Bank Plc entered into an illegal loan agreement with the NCAA to finance the illegal transaction from the internally generated revenue of the NCAA. Under the law loans can only be approved by the legislative arm of government fo fund capital projects and not for the purchase of cars.”
Finally he advised the EFCC to prosecute “for gross economic and financial crimes as they wilfully violated the relevant provisions of the Constitution, the Public Procurement Act as well as the relevant Circulars and Financial Guidelines of the Federal Government.”
Failure to do so he said would lead to his chambers seeking a legal order mandating the EFCC to carry out their statutory duties.