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Senator Gbenga Aluko's Senate Submission over the Kuta Report [5th September, 2000]

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Mobolaji E. Aluko

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Sep 6, 2000, 6:25:04 AM9/6/00
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Excerpt:

"The most interesting aspect is the bid of the Committee to create an
entirely new human being, 'Mrs. Olufemi Shille Aluko", purportedly my
wife and owner of INDEPENDENT STRATEGISTS LIMITED. My wife's name is
Mrs. Sileola Omowunmi Aluko who has no shares whatsoever, or owns
INDEPENDENT STRATEGISTS LIMITED. There is no person called Mrs.
Olufemi Shille Aluko as indicated in the report. The shareholders of
INDEPENDENT STRATEGIST LIMITED as provided by the Corporate Affairs
Commission to the Committee are Mr. Nasiru Ali-Ahmed and Mr. Olufemi
S. Aluko. What the Committee did was to replace the S. in Olufemi S.
Aluko with Shile, and convert a male to a female in order to connect
the company to me through my wife. I cannot possibly marry a male and
have three children from my wife............We are all witnesses to
the experience of our President and Commander in Chief, Chief Olusegun
Obasanjo a few years back as it relates to the phantom coup and false
allegations against him which led to his imprisonment and
dehumanization for more than three years. Mr. Senate President,
Distinguished Colleagues, this Senate must not succumb to the
blackmail of a phantom report and inadvertently destroy the political
lives of some of its members. "


A SUBMISSION TO THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA IN
CONTRIBUTION TO THE DEBATE OF THE IDRIS KUTA SENATE CONTRACT PANEL REPORT
ON TUESDAY 5TH SEPTEMBER 2000 BY SENATOR DANIEL GBENGA ALUKO.


Mr. Senate President, distinguished Senators, I apologize for not being
present in the Senate last week when the debate of the committee report
commenced as I was away abroad for pressing personal matters for which I
took appropriate permission from the Senate President and the Leadership
of the Senate. However, immediately I was informed that the debate had
commenced last week and adjourned till today, I made immediate
arrangements to return to Abuja for today's session.

I have personally waited patiently for this day in order to be able to
explain and defend myself principally to my fellow Senators, my electorate
in Ekiti South Senatorial District and Nigerians at large from the floor
of the senate were it all started.

Since I have limited time, I will go straight to the issues.

THE REPORT
----------

The Committee in its conclusions and recommendations wrote the following
as it relates to me, and I quote.

"Evidence before the committee shows that he (Senator Aluko) withheld the
sum of =N=35 million out of the =N=45 million provided for the
disbursement to Senators for the repairs of their quarters.

The committee finds Senator Gbenga Aluko to have abused his office and
therefore recommends that:

(a) He should resign as Deputy Chief Whip for these abuses.

(b) He should refund the sum of =N=35 million and a further =N=39,257,598
million by which the computers and office equipment were over priced as
detailed in Table 5" End of quote. Appendix 1.

Let me now deal with these issues above one after the other.

N35 million Renovation, Refurbishment and Improvement of Capital Assets
-----------------------------------------------------------------------
allegedly withheld
------------------

First and foremost, the committee claims that evidence shows that the sum
of N35 million being part of the N45 million approved in the 1999
Appropriation Budget for Renovation and Refurbishment of Senators Quarters
was withheld by me which was provided for disbursement to Senators, when
in actual fact, the evidence in their possession was contrary to this
assertion.

On Saturday 29th July 2000, at about 9.00 p.m., I telephoned Senator Idris
Kuta on his mobile telephone to inform him that I had a letter to deliver
to the Committee. He asked me to come over to his office in the Senate on
Sunday 30th July between 12 noon and 2.00 p.m. to deliver the letter. [SEE
NOTE NUMBER 1 BELOW] I obliged and went to the Senate to deliver the
letter which coincidentally all the committee members and Secretary were
present when it was handed over to him. He handed it over to Senator
Osunbor after some mild histrionics between him and me.

I took the liberty to sit down with Senator Osunbor thereafter to go over
the contents of my letter and attachments which contained explanations as
to the expenditure of the purported missing N35 million which I was
informed the committee made reference to during their sitting of Friday
28th July 2000. I even went with Senator Osunbor to the Nicon Hilton Hotel
to make photocopies of the attachments to my letter as there was an outage
of power at the National Assembly Complex on the day, and proceeded to
drop Senator Osunbor at his home at the Apo Village. I was convinced that
Senator Osunbor, faced with my letter and incontrovertible documentary
evidence will proceed to explain to his committee members the true
position of the expenditure regarding the N35 million. I have since
discussed this issue with him and his response was that although he was
convinced about my explanation, he was only one out of seven members of
the Ad Hoc Committee.

I am going into great lengths about this issue because it has come to my
notice that some members of the Kuta Panel are complaining that some of us
indicted are producing evidence and explanations as to our innocence after
the committee report has been submitted and not under oath, and that our
actions are afterthoughts. However this is a clear example of a
'beforethought' with due respect to English Language, which was completely
ignored even though it was presented to the Committee a clear two days
before Volume II, which contains Conclusions, Findings and Recommendations
of the panel was submitted to the Senate. This two days was enough time to
check the veracity or otherwise of my claims in my letter from the
Director of Finance and Supplies who is the custodian of the accounts of
the National Assembly. The committee proceeded to conclude that my claims
were dubious without cross checking from the appropriate authority.

Appendix 2 shows were Senator A.T Ahmed in his own handwriting instructs
the DRSP (Director of Research, Statistics and Planning) and I quote, (1)
We need this for our Senators houses in Apo, Please process" dated 18th
November 1999 and (2) Use Vote for Refurbishment, Renovation and
Improvement of Capital Assets, (45 million Naira) end of quote. Appendix 3
is the letter of award based on the above recommendation. I refer to this
to show unequivocally that =N=16,796,863 was spent from this so called
missing N35 million in order to install Thunder Arrestors and Deflectors
in our residence with the full knowledge of the former Senate Services
Committee Chairman and not solely under my direction as the Kuta Committee
will want you all to believe.

There was no such evidence provided in the Verbatim Report and Attachments
thereof by the Committee in Volume I and II of their Report to show that
my claims were dubious. For me to collect N35 million from the National
Assembly coffers, one will expect an approval for payment to have been
granted by either the Senate President or the Clerk of the National
Assembly, a payment voucher to be raised, a cheque to be issued, be it
cash or otherwise, an acknowledgement of payment given. There should be a
trace of payment in some shape or form. It cannot be that N35 million, not
N35, was paid to me by the Director of Finance and Supplies through the
Cash Office without any record or trace. Mr. President, Distinguished
Senators, even in the days of Songhai Empire or Old Kanem Bornu Empire
when cowries were used, records of payments were being kept by finance
officials close to the King. How then can I be paid N35 million in this
Assembly without any record whatsoever! It is absolutely impossible and
not done in any government establishment.

It has never been the practice that payments intended for Senators is paid
through the account of another Senator for further disbursement to other
Senators. The truth of the matter is that no such payment was ever made to
me and the Director of Finance and Supplies has since written a letter,
ref no. NASS/F&S/14 of 2nd August 2000 absorbing me of any such payment.
Appendix 4. It beats my imagination therefore how the panel found it
proper to ask me to refund N35 million without first asking the Director
of Finance and Supplies as to the true position of things.


100 KVA Generator Set
---------------------

Furthermore Table 5 which indicates the level of over expenditure and
inflated contracts amounting to =N=39,257,598 which I am to refund is even
more amusing. First and foremost, I am asked to refund the sum of
=N=11,869,645 being the inflated price of a 100 KVA Generator. Mr. Senate
President, Distinguished colleagues, you will recall that in the
explanation of the N35 million above and as substantiated by the Director
of Finance and Supplies by his letter N14, 157,600 was spent on this same
generator which was accounted for above. For me to be accused again on the
same matter and asked to refund another N11, 869,645 is tantamount to
double jeopardy.

Irrespective of the above, I did not participate, recommend, process or
have knowledge of this 100 KVA Generator until I was investigating the
purported missing N35 million and inflated contracts. Official documents
in my possession show that the purchase of the Generator with associated
extensive electrical works was recommended by the former Senate Services
Committee Chairman, Senator A.T Ahmed through minutes written to the Clerk
of the National Assembly in his own handwriting on a letter from the
contractor dated 15th November 1999. He wrote, and I quote, "CNA, This is
needed in the Senate Presidents House, This proposal is recommended" end
of quote. See Appendix 5, bottom right corner of letter from RIOK
INTERNATIONAL CO. LTD addressed to the Chairman, Senate Services
Committee. In actual fact, the sum of N16, 325,000 was recommended by the
former Senate Services Chairman which was reduced to N14, 157,600 by the
DFS in his minutes on the same letter, bottom left hand corner were he
writes to the ACSO/OM and I quote, " Pls. process a letter of award based
on our negotiated price (N14, 157,600) see bc (bill of quantities) for the
last award of the same type of equipment with the same accessories. Signed
DFS on 25/11/99". The award letter was issued on the 26th of November
1999.

The important fact here is that the transaction started prior to 15th of
November 1999 by the Senate Services Committee Chairman, Senator A.T
Ahmed, was recommended on the 15th of November 1999 and letter of award
issued on 26th November 1999 while Senator A.T Ahmed was still Chairman.
How then can I be accused of something I know absolutely nothing about and
asked to refund a staggering N11, 869,645! Mr. Senate President,
Distinguished Senators, the question here is were did the Committee get
their evidence to indict me on this matter with this kind of overwhelming
facts to the contrary! It beats my imagination.

Rank Xerox Office Equipments
----------------------------

Table 5 (a) purports that the Xerox 265 DC Copier, awarded at a price of
N5, 952,000 inclusive of VAT and Withholding Tax was over inflated by N1,
341,545, which I am asked to refund. Let me first clarify that what was
actually bought and supplied was not the Xerox 265 DC but a much higher
grade and specification copier, the Xerox 265 ST. The price of the Xerox
265 DC is N4, 613,700 as indicated by the Kuta Committee while that of the
Xerox 265 ST is N6, 341,921 inclusive of Service Charge and VAT. The
Committee may have been right of inflation if what was supplied was the
Xerox 265 DC. However, what was supplied was the Xerox 265 ST, currently
in the Finance and Appropriation Committee at a price N389, 921 less than
the actual selling price. Rather than been asked to refund N1, 341,545 we
need to be commended for giving the Senate value for money.

Also, the Committee states that the Xerox 214 DC of which they based their
pricing and calculated level of contract inflation replaces the Xerox 5815
which was supplied to the Senate. In as much as I do not want to go into
detailed specification, the Xerox 214 DC is a smaller copier that does
only A4 paper while the Xerox 5815 does A3 paper and is a much higher
specification copier than the Xerox 214 DC referred to by the Committee
and used for price comparison. The Committee further claims that there is
a strong suspicion that the Xerox 5815 copiers supplied were all
refurbished. Xerox H.S (Nigeria) Limited have since debunked all these
allegations through their letter dated 3rd August 2000 signed by their
National Sales Director. See Appendix 6.

COMPUTER SETS AND LAPTOPS
-------------------------

The most amusing one is items C-E, the Dell Laptops, and Computer set
comprising of COMPAQ DESKPRO, HP LaserJet 1100, APC UPS and Surge
Protector allegedly inflated. I have stated times without number that the
price of the DELL Latitude Cpx Laptop is no secret in this world of the
internet and prices can be accessed from the DELL CORPORATION WEBSITE at
www.dell.com or by direct telephone call to the DELL CORPORATION in
America or Republic of Ireland. The Committee however decided to go to a
local and non accredited supplier in NICON HILTON HOTEL and use that as
basis for price comparison.

There has also been constant reference to TRITECH COMPUTERS LTD, suppliers
of the Laptops as being a company in which I have interest. I own no
shares either directly or remotely and knew about the existence of the
company in 1994/95 when they were installing the computer network system
of the National Maritime Authority (NMA) at Apapa, Lagos, a building
shared by the Nigerian Shippers Council at 4 Burma Road, of which I was
General Manager.

On the Compaq DeskPro Computers, it is instructive to note that on page 34
of Volume II, it was stated that the supply of 3 Nos. Computer Set for the
Office of the Senate President was awarded on the 31st of August 1999 by
Senator Evan Enwerem at a price of N1, 650,000, that is N550, 000 per set
consisting of the Compaq DeskPro Computer, HP 695C Deskjet Printer, and a
UPS. Also note that TASK SYSTEMS LTD was the supplier of these 3 systems.
I must indicate that N550, 000 per Computer Set is the official price of
the National Assembly and most government establishment, and the National
Assembly has procured hundreds of computer Systems at this price of
N550,000. Documents abound in the National Assembly to this effect.

It is instructive to note that when we later negotiated for the supply of
the same kind of Compaq DeskPro 10Gb Computers (as against 6GB earlier
supplied), HP Laser Printer LJ1100 (not DeskJet), APC 650 VA UPS and Surge
Protector, our total price was N391, 500 inclusive of VAT and Withholding
Tax irrespective of the fact that we were aware that the official price
was N550,000 per set. The Committee however finds it proper to accuse me
of over pricing and inflated contract at a lower price of N391, 500 and
ignore a previously bought product at a higher price of N550, 000. What
type of logic is this!

All this false calculations above make up the N39, 257,598 I am supposed
to refund in the imagination of the Committee. Throughout the hearing and
testimony, not one contractor was called to give evidence, even though the
Committee saw the necessity to do so from minutes of their meetings
attached to Volume 1 of the Report. The Committee however went ahead to
draw far-reaching conclusions without thorough investigations.

In any case, let us even assume that the claims of the Committee of
inflated prices can be substantiated, all payments were made to companies
duly engaged by the Senate to supply the products and not to Senator Aluko
or any other Senator indicted. How then can we be asked to refund monies
that we did not receive or benefit from under the guise that prices were
high and inflated!

It is also instructive to note that I have no power of contract approval,
authorization or award. I performed my advisory duties as Acting Chairman
of Senate Services Committee for a period of 18 days between December 2nd
1999 and December 21st 1999 when the Senate went on Christmas recess. Not
enough time to be labeled 'Sole Administrator' and presented as a monster,
which the Committee wants you all to believe.

The payment for the Rank Xerox equipment's which 11 companies were
initially contracted to deliver, one of which was Associated Logistics
Limited, a company in which I have shares was paid directly to FSB
INTERNATIONAL BANK PLC, bankers of Xerox H.S Nigeria Limited. All the
cheques were signed for and collected by a Staff of Xerox Limited. At best
the 11 companies acted as agents to Xerox Limited and never received
payments from the National Assembly as evidenced from the letters of
domiciliation issued to the Director of Finance and Supplies instructing
that all payments be made directly to FSB INTERNATIONAL BANK PLC.
Photocopies of all cheques were also duly attached in my written
submission to the Committee as proof. This was however conveniently
ignored and not referred to whatsoever by the Committee to create maximum
effect. The fact that I insisted that the pecuniary interest of all was
declared at the Senate Services Committee level, which was not
contradicted, was also ignored.

The most interesting aspect is the bid of the Committee to create an
entirely new human being, 'Mrs. Olufemi Shille Aluko", purportedly my wife
and owner of INDEPENDENT STRATEGISTS LIMITED. My wife's name is Mrs.
Sileola Omowunmi Aluko who has no shares whatsoever, or owns INDEPENDENT
STRATEGISTS LIMITED. There is no person called Mrs. Olufemi Shille Aluko
as indicated in the report. The shareholders of INDEPENDENT STRATEGIST
LIMITED as provided by the Corporate Affairs Commission to the Committee
are Mr. Nasiru Ali- Ahmed and Mr. Olufemi S. Aluko. What the Committee did
was to replace the S. in Olufemi S. Aluko with Shile, and convert a male
to a female in order to connect the company to me through my wife. I
cannot possibly marry a male and have three children from my wife.

CONCLUSION
----------

Mr. President, Distinguished Senators, recently in Los Angeles,
California, the District Attorney's Office discovered during routine
review of cases in the District that the Los Angeles Police Department
were involved in the planting of evidence in order to get conviction in 10
cases. [SEE NOTE NUMBER 2 BELOW] In view of this fact, the District
Attorney's Office and The Los Angeles Police Department have ordered the
complete review of over 10,000 cases during this period and a rejection of
those obviously flawed. That is the way of Civilized Nations, and I belief
this Senate and this nation of ours is civilized and has decided to follow
rule of law.

It is the claim of some Committee Members that my testimony was
destructive and gave them no option but to indict certain Senators. The
questions we should ask ourselves are as follows;

1) Is it my testimony that suggested that a 100KVA Generator was installed
in Roland Owie's house by Markin Dover Nigeria Limited, when there was no
such thing?

2) Is it my testimony that was used against Senator Abubakar Girie in
respect of the Sallah Welfare package when the evidence available
indicated that it was a Staff of the Assembly that collected the money and
procured the goods, and not Senator Girie.

3) Is it my testimony that confirmed that the Street Lighting project
scope was not expanded, when in actual fact it was expanded far beyond the
original scope of the FCDA?

Wherein lies this destructive evidence that was provided by me apart from
in the imagination of the Committee! My Verbatim Report is very explicit
on this issue and self-explanatory.

I most confess that the Report has done incalculable damage to my
character and integrity and has allowed political opponents of all shades
and character, both at home and abroad, to take cheap pot shots at my
person. The Internet has been awash with vitriolic articles castigating
individuals indicted as well as the Senate and National Assembly at large
based on the falsehoods in the Kuta Panel Report.

I take solace in the fact that what is false does not last and the truth
shall always vindicate the just.

We are all witnesses to the experience of our President and Commander in
Chief, Chief Olusegun Obasanjo a few years back as it relates to the
phantom coup and false allegations against him which led to his
imprisonment and dehumanization for more than three years. Mr. Senate
President, Distinguished Colleagues, this Senate must not succumb to the
blackmail of a phantom report and inadvertently destroy the political
lives of some of its members. We have to chart a new course for ourselves
that will bring us all into harmony and brotherhood.

Thank you and God bless the Senate and the Federal Republic of Nigeria.

-----------------------------------------------------------------------

NOTES ON SENATOR ALUKO'S PRESENTATION
-------------------------------------

NOTE NUMBER 1:

The Senate by its resolution of Tuesday, 18th July 2000 decided to set up
a 7-man ad-hoc committee under the chairmanship of Senator Idris Kuta to
investigate all contracts awarded by the Senate from June 4, 1999 to July
17, 2000 and to check the veracity or otherwise of the status of the
contracts. Other members of the committee were: Arthur Nzeribe of Imo
State, Tunde Ogbeha of Kogi State, Femi Okurounmu of Ogun State,
Oserheimen Osunbor of Edo State, Dalhatu Sangari of Taraba and Abdul
Yandoma of Katsina State, with Chief Emmanuel Ozubele as Secretary.

Senator Gbenga Aluko, Senate PDP Deputy Whip and one-time member of the
Senate Services Committeee, testified before the committee on Wednesday,
July 26. All his textual submissions and press statements in Connection
with the Senate Panel Report are available.
[http://nigeriaworld.com/feature/publication/maluko/0821000.html]

Volume Two (Findings, Conclusions and Recommendations) of the report was
submitted to the Senate on the 1st of August 2000, while Volume One
(containing Verbatim Report and Exhibits) was submitted on August 3. The
most comprehensive and readily-available compilation to date will be found
in http://www.newswatchngr.com.


NOTE NUMBER 2:

The Rampart Station LAPD corruption cases archive

http://www.channel2000.com/news/lapd_index.html

For example, read:

http://www.channel2000.com/news/stories/news-20000602-003538.html


---------------------------------------------------------------------------

Ekenlor Idi

unread,
Sep 6, 2000, 9:08:38 AM9/6/00
to
--- "Mobolaji E. Aluko" <mal...@scs.howard.edu> wrote:
>
>
> Excerpt:
>
> "The most interesting aspect is the bid of the Committee to
> create an entirely new human being, 'Mrs. Olufemi Shille Aluko",
> purportedly my wife and owner of INDEPENDENT STRATEGISTS LIMITED.
My > wife'sname is Mrs. Sileola Omowunmi Aluko who has no shares >

whatsoever, or owns INDEPENDENT STRATEGISTS LIMITED. There is no >
person called Mrs. Olufemi Shille Aluko as indicated in the report. >
The shareholders of INDEPENDENT STRATEGIST LIMITED as provided by >
the Corporate Affairs Commission to the Committee are Mr. Nasiru
> Ali-Ahmed and Mr. Olufemi S. Aluko. What the Committee did was to
> replace the S. in Olufemi S. Aluko with Shile, and convert a male
to > a female in order to connect the company to me through my wife.
I > cannot possibly marry a male and have three children from my >
......We are all witnesses to the experience of our President and >
> Commander in Chief, Chief Olusegun Obasanjo a few years back as it
> relates to the phantom coup and false allegations against him which
> led to his imprisonment and dehumanization for more than three >
years. Mr. Senate President, Distinguished Colleagues, this Senate >
must not succumb to the blackmail of a phantom report and >
inadvertently destroy the political lives of some of its members. "

So, Prof. Bolaji Aluko who is Mr. Olufemi S. Aluko? Heheheheheheheh
"enquiring minds wants to knows" :-)

b. Na who tell yah brother say man no dey be wife and mother of three
children :-) Since he refered to the Rampart (?) case in LA, he
should also be reminded that in LA there are unions of men where one
is the "wife" and the other the "husband" and that there are children
involved.

c. Finally, I hope that this experience and the NEIC "thing" will
instruct you to be a touch carefully in believing all the
recommendations of any Commission of Inquiry instigated by the
opposition. You know what I am refering to.

Have a beautiful fall day. And should you be in the habit of going
to the wilderness to appreciate Fall colors, do come to New England
this Fall. The foliage this year will be especially colorful. (We
had sufficient rain in the summer.) From Maine to New York. From
Vermont to Connecticut. Can't imagine how you guys handle the
monotony of foliage in the south. Perhaps you go into the mountains
of Virginia.

Take care. But don't forget to answer my questions.

okn
+++


=====
okn
------
Let honesty and industry be thy constant companions, and spend one
penny less than thy clear gains; then shall thy pocket begin to
thrive; creditors will not insult, nor want oppress, nor hungerness bite,
nor nakedness freeze thee. ----- Benjamin Franklin

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