President Muhammadu Buhari
was granting approvals for oil deals to the Nigerian National Petroleum
Corporation during the time he was on his sick bed in London – and when
he had relinquished presidential powers to his Vice President – the
head, Maikanti Baru, has indicated.
Mr. Baru said Mr. Buhari approved at least two separate oil contracts
on July 10 and July 31 worth $1 billion and $780 million, respectively.
The N640.8 billion contracts (at N360/$ exchange rate) were approved
when Mr. Buhari was receiving treatment for undisclosed ailments in
London, and when he was not supposed to be exercising presidential
powers, having named Vice President Yemi Osinbajo acting president in a
formal correspondence to the National Assembly.
Mr. Buhari was flown to London on May 7, barely two months after he
returned from his first 2017 medical vacation which saw him spend 50
days in the United Kingdom.
On May 9, a letter Mr. Buhari wrote to the Speaker of the House of
Representatives and President of the Senate notifying them that he had
relinquished presidential authorities in accordance with the Nigerian
Constitution was read on the floor of both chambers.
Despite rumors of his early return, Mr. Buhari ultimately spent 103 days receiving treatment in London, returning on August 19.
On August 21, the president notified the National Assembly of his
return in writing, saying he had “resumed” his “functions as the
President of the Federal Republic of Nigeria with effect from Monday,
21st August, 2017.”
THE CONTRACTS
But on Monday, Mr. Baru revealed that Mr. Buhari had been exercising
presidential powers by granting approvals for NNPC joint venture
contracts when he was supposedly on his sickbed and not exercising
presidential powers.
Mr. Baru gave details of the contracts as follows:
S/N PROJECT Amount (US$mn) APPROVALS LOAN EXECUTED BY
NTB PRESIDENTIAL
1. NNPC/CNL JV Project Cheetah 1200 16/04/15 01/09/15 Dr. E. I. Kachikwu
2. NNPC/CNL JV Project Falcon 780 26/04/17 31/07/17 Dr. M. K. Baru
3. NNPC/SPDC JV Project Santolina 1000 26/04/17 10/07/17 Dr. M. K. Baru
TOTAL 2980
(CNL refers to Chevron Nigeria Limited, SPDC to Shell Petroleum Development Company and JV to Joint Venture).
The disclosures were made when the NNPC responded – on behalf of Mr.
Baru – to the allegations of contract fraud and insubordination raised
by Ibe Kachikwu.
Mr. Kachikwu, the Minister of State for Petroleum Resources,
had in an August 30 memo to Mr. Buhari said Mr. Baru unilaterally
approved contracts without recourse to him or the NNPC board, amongst
other concerns. The memo surfaced on social media on October 3, sending
ripples through the country’s polity.
On October 9, the NNPC responded to Mr. Kachikwu’s allegations by
publishing the above contract details, which it said was at the instance
of Mr. Buhari, who had kept mum since the scandal broke.
But a look at the dates of the three contracts shows that two of them
received presidential approval on dates Mr. Buhari was not in the
country, July 31 for the second contract with Chevron Nigeria and July
10 for the contract with Shell. Mr. Baru’s name was placed against the
contracts as the person who administered the contract in his capacity as
the Group Managing Director of the NNPC.
Only the September 1, 2015,
contract which Mr. Kachikwu oversaw during his tenure as the GMD of NNPC
received presidential approval on a date Mr. Buhari was in the country
and wielding presidential powers.
A compilation of Mr. Buhari’s travels reveals that he was in the
country from early August 2015 when he returned from Cotonou
until September 7 when he visited Accra.
But while it is clear that the presidential approval granted when Mr.
Kachikwu was the head of NNPC happened when Mr. Buhari was exercising
presidential powers; it appeared like Mr. Baru received his approval
when Mr. Buhari was in London.
GETTING OSINBAJO’S CONSENT
In his memo to Mr. Buhari, Mr. Kachikwu stated that when Mr. Buhari
was unwell in London for several months between May and August, Mr. Baru
tried to get direct approval from Acting President Osinbajo for some
personnel changes at the NNPC.
But Mr. Osinbajo asked Mr. Baru to go back to Mr. Kachikwu and get
his input and approval first before making the changes. Mr. Baru refused
to consult Mr. Kachikwu on that.
For weeks, the changes were not made, until Mr. Buhari returned on August 19. By August 29, Mr. Baru announced the changes.
This prompted Mr. Kachikwu’s letter to the president on August 30, complaining that he learnt of the development in the media.
Sources at the presidency corroborated Mr. Kachikwu’s claim that Mr.
Osinbajo rebuffed Mr. Baru’s attempts to get presidential approval
behind Mr. Kachikwu.
Neither the vice president’s office nor Mr. Baru also denied that claim by Mr. Kachikwu.
It is not immediately clear if Mr. Baru also attempted to get
approval for the multi-billion dollar contracts from Mr. Osinbajo. But
presidency sources said it was unlikely that Mr. Osinbajo, who did not
allow Mr. Baru to make personnel changes, would allow the NNPC GMD to
circumvent Mr. Kachikwu with such high-profile contracts.
Ndu Ughamadu, the spokesperson for the NNPC, would not confirm or deny if Mr. Baru got the approval from Mr. Buhari in London.
“Presidential approval is presidential approval,” Mr. Ughamadu said.
When PREMIUM TIMES reminded him of potential legal implications of
Mr. Buhari exercising presidential powers even when he had relinquished
same in accordance with the constitution, Mr. Ughamadu dug his heels in.
“Presidential approval is presidential approval,” the spokesperson insisted.
For several hours on Tuesday, presidential spokespersons Femi Adesina
and Garba Shehu, did not respond to PREMIUM TIMES’ requests seeking
their comments about this and other problematic parts of the NNPC
revelations.
Sola Adebawo, Director of Communications at Chevron, did not
immediately respond to PREMIUM TIMES’ requests for comments Tuesday
evening. His counterpart at Shell Nigeria, Bamidele Odugbesan, simply
told PREMIUM TIMES to “direct inquiries to relevant government
authorities.”
Yet, the N640.8 billion oil
contracts might not be the only one Mr. Baru got Mr. Buhari to approve
while he was still unwell in London.
For instance, the NNPC announced on February 2 that it received 128
bids from local and international firms willing to participate in its
2017-2018 Direct-Sale–Direct-Purchase crude programme, which was adopted
by the Buhari administration last year to replace the crude oil swap
initiative and the offshore processing arrangement.
Mr. Buhari was not around in on February 2 when the announcement was
made, having been flown to London on January 19 for his first medical
trip of the year. He didn’t return to the country until March.
On May 19, when NNPC sources told Daily Trust and a few other media
houses that it had finally entered into a $6 billion deal with 10
companies for 2017-2018 edition of DSDP contracts, Mr. Buhari was also
not in the country.
The NNPC spokesperson declined comments about DSDP contracts.
LEGAL EXPERT WEIGHS IN
Mr. Kachikwu previously doubled as the Minister of State for
Petroleum and GMD of NNPC until he was relieved of the latter
post by Mr. Buhari on June 4, 2016, the same day Mr. Baru was named as a
replacement.
When Mr. Buhari named Mr. Baru the GMD, he made Mr. Kachikwu the chairman of the NNPC board.
The NNPC Act designates the board to oversee the affairs of the state-owned oil giant.
The Act states that the Minister
of Petroleum must be the chairman of the NNPC board. Mr. Buhari is the
substantive Minister of Petroleum. But he is allowed by the NNPC law to
delegate powers, including chairmanship of the board.
However, the law also allows Mr. Buhari to act concurrently as the
chairman of NNPC board even while the appointment of the person he
delegated powers to is still valid.
Legal analyst, Liborous Oshoma, said the president’s action may be “unprocedural” but might not be entirely illegal.”
“This is similar to what we have witnessed since the president was
away yet he was still issuing presidential statements and taking calls
from President Donald Trump and other presidents to discuss matters
concerning Nigeria.
“All that happened despite the fact that we had an acting president
in place and Nigerians raised concerns at the time,” Mr. Oshoma said.
He said Mr. Buhari might not be in a good state of mind when the
presidential approvals were procured and their validity could be
challenged in court.
“The contracts could be challenged and possibly rendered invalid by
the courts because he didn’t have presidential powers at the time he was
exercising same,” Mr. Oshoma added. “The acting president ought to have
approved those contracts because no one knew what state of mind the
president was at the time.”