Fundamental facts you should know about Omatseye’s case:
- EFCC investigation was based on the audit of NIMASA by Akin Omorodion Audit firm appointed by then Federal Minister of Transport Yussuf Suleiman.
- Akin Omorodion Audit panel accused NIMASA of splitting contracts to bring within DG’s threshold of NGN5 million.
- Initial prosecution charges, for first two years, was based on “contract splitting” and “money laundering”.
- After realising that there was no “contract splitting” or “money laundering”, two years into the trial at the Federal High Court in Ikoyi, the charges were suddenly changed to “approval above threshold”, which now is said to be NGN2.5 million for goods and NGN5 million for works.
- Commencement date of the revised “approval threshold” for DG was never made known by the prosecution, knowing fully well that it is a subsidiary legislation.
- The revised threshold, unfairly been relied on, was supposed to be approved by the National Committee of Public Procurement by virtue of S6 (1)(a) of the Public Procurement Act (PPA) 2007 . This committee has never been set up.
- Raymond Temisan Omatseye was found guilty of “Approval above his Threshold” of NGN2.5 million as DG of NIMASA and the total amount in the charges is not more than NGN97 million, whilst Omatseye left NGN52 billion in NIMASA accounts at the time of his suspension.
- The offence is administrative and can only be dealt with by the Bureau for Public Procurement (BPP), using their enforcement power as provided in S6 (1)(a) of the Public Procurement Act (PPA) as confirmed in a letter to President Goodluck Jonathan by the then DG of BPP, Engr. Ezeh, on the 7th of February, 2013.
- Raymond Temisan Omatseye was not convicted of any fraud, or for financially enriching himself. The offense, for which Raymond Temisan Omatseye was found guilty DOES NOT exist in law. The offense that exist in law is contract splitting, of which he was NOT found guilty.
- Raymond Temisan Omatseye, during his tenure of service, is on record to have raised the internally generated revenue of NIMASA from under NGN20billion to over NGN52 billion.
~~~From a Concerned Human Right Group
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