Marilyn Amobi, managing director
of the Nigeria Bulk Electricity trading Plc (NBET), fraudulently paid at least
N2 billion to two power generating companies, documents obtained by Leaks NG
have shown.
The documents also revealed that
Amobi, who was made the substantive MD of NBET in July 2016, was also involved
in a series of corruption allegations such as subversion of board approvals and
infraction of procurement laws.
FRAUDULENT PAYMENTS TO GENCOs
A few weeks after she was
confirmed managing director of NBET, the organisation that manages the
electricity pool in the country’s electricity supply industry, Amobi started
overpaying two power generating companies – Omotosho Electric Genco and
Olorunsogo Electric Company – in flagrant violation of the details of a power
purchase agreement (PPA) the companies signed with the government in February
and August 2016, respectively.
The PPA is an agreement between
NBET and power generating plants for the sale and purchase of energy generated
by the plants. Embedded within the PPA are the gas supply agreement (GSA) that
covers the supply of natural gas to the generating plant and the gas
transportation agreement (GTA), which is an agreement between gas transporters
and power generating plants.
 |
| Omotosho Electric Genco |
According to the PPA, to qualify
for full payment, generating plants must provide evidence that they have active
GSA and GTA or else the power purchase agreement would be deemed inactive and
would only receive payment for the power they supplied.
“Seller (Omotosho Genco) hereby
agrees that any claim for Available Capacity payment under the PPA are
conditional on the Seller providing evidence acceptable to the Buyer (NBET)
confirming that it has a legally binding and enforceable Gas Supply and
Aggregation Agreement and Gas Transportation Agreement, in accordance with
clause 3.2.2 and 4.2.1 of the PPA,” the agreement obtained by Leaks NG stated.
However, despite the fact that
Omotosho did not provide evidence of gas supply aggregation and transportation,
the company continued to tender request for full payment of 20 months.
According to the document in possession of Leaks NG, the over-invoicing was
detected in October 2017 following an NBET internal audit.
On September 22, 2016, NBET had
written to Omotosho requesting that it fulfill the condition for the PPA. The
generating company was first given a 30-day grace to provide the necessary
document. The window to provide the document was later extended to 90 days yet
it never provided the document.
For instance, in June 2017,
Omotosho supplied energy to the tune of 33.16 megawatts but invoiced up to
161.74 megawatts. This implies that Omotosho laid claim to an excess of 128.58
megawatts as excess capacity for the cycle. For this capacity, Omotosho
requested for payment of N1,023,532,574 instead of N209,824,177, leaving an
excess of N813,708,397 for the capacity in June 2016.
Similarly, Olorunsogo Power Plc,
whose PPA took effect from August 2014 in the said month, tendered 11.9
megawatts for energy while 197.83 as capacity. Since the PPA was not active,
the capacity ought to be equal to the energy to make the firm qualify for
payment as stated in the agreement.
 |
| Olorunsogo Electric Company |
Olorunsogo issued an invoice of
N1, 251, 881, 528 for capacity for June 2016 as against N75, 363, 267
calculated by its actual energy. The difference is an over-invoicing of N1,
176, 518, 261. For both firms, the over-invoicing amounts to N1, 990, 226, 658
as excess in just one month, June 2016.
Leaks NG could not lay hold to
all invoices issued by the companies but the two obtained showed that NBET made
partial payments to the companies. In one of the invoices, Amobi paid Omotosho
N339, 813, 418 in October 2016 -the fund was part payment for July 2016 energy
and capacity.
On the same date: October 11,
2016, NBET paid Olorunsogo N372, 498, 731 also as part payment for July. These
payments were clearly in breach of the PPA and the Nigerian Electricity
Regulatory Commission (NERC) order of transitional stage electricity market
(TEM).
Order IV of The TEM states that:
“Gencos without effective PPAs shall be paid for their delivered energy and
delivered capacity by NBET (Delivered capacity for the purposes of this order
means the capacity equivalent of the energy delivered at Gencos busbar.”
These illegal payments wouldn’t
have been possible without Amobi’s insistence. While the internal audit of NBET
refused to process the payment, Amobi signed the July payment on October 13,
2017, assuming the role of internal audit in violation of financial regulation.
This is a breach of Section 1705
of the financial regulations which states that “the Head of Internal Audit Unit
in all ministries/extra-ministerial offices and other arms of government shall
ensure that 100 per cent pre-payment audit of all checked and passed vouchers
is carried out and the vouchers forwarded under security schedule direct to the
appropriate Central Pay Office for payment. Checked and passed vouchers received
in the internal audit Unit must be promptly dealt with and, under no
circumstances shall a voucher be held in that unit for more than forty-eight
(48) hours.”
ILLEGAL PAYMENT TO LAW FIRMS
Sometimes in 2014, NBET wrote the
Bureau of Public Procurement (BPP) to request the agency sign off on power
procurement and retroactive no objection in procurement. The request simply
means that NBET requests to be excluded from being subjected to BPP act in its
power purchase agreement. The request was declined by BPP.
In a response dated April 29,
2014, BPP stated that NBET, like other agencies, must follow due procurement
process in power procurement.
BPP noted in its reply, “That if
section 5 (a) of PPA was intended to exclude some sectors like the Power
Sector, it would have been stated clearly. Consequently, giving NBET a one-off
approval for NBET’s power procurement process would not only amount to a
contravention of the Act, but it would also open a floodgate of similar
requests thereby engendering confusion in the system.
“It is pertinent for NBET to note
that electricity (being goods) can only be procured within one of the
procedures stated in part 42.4 of standard bidding documents.
“The bureau therefore strongly
advises that NBET should consult the Public Procurement Regulations, manuals
for complex projects and standard bidding documents for procurement of goods,
as this would assist NBET in complying with extant procurement rules and
regulations.”
However, the management of NBET,
then under the leadership of Rumundaka Wonodi, its inaugural managing director,
was unsatisfied with the position of BPP. The agency sought legal advice on the
way forward. On June 1 2015, NBET advertised a notice for an expression of
interest to engage lawyers in such cases, more specifically on BPP’s response.
According to the advert, the
successful law firm is expected to discharge such duties as, “General, corporate,
commercial and administrative law, with a view to advising NBET on general
commercial and contract matters, providing legal opinions as necessary, and
advising on various civil law.”
According to a report by NBET’s
evaluation committee, three firms: Azinge and Azinge, Chukwuka Ugwu and
Associate and John Erameh submitted their bids. The process was however
truncated upon advice by the internal audit department of NBET.
Surprisingly, in April 2017, two
years after, the internal audit received a request from Amobi for payment of
N30 million to two firms. Amobi wanted Azinge and Azinge to be paid a contract
sum of N14 million and Aelex N16 million respectively. The process that led to
this request was one replete with infractions and breach of public procurement
law.
It is worthy of note that the
procurement process was stopped in 2015 and if there would be a need for the
services of law firms in 2017, the engagement is supposed to take a entire new
process according to procurement laws.
The BPP act in Section 16(1)(b)
states the process of procurement; “based only on procurement plan supported by
prior budgetary appropriations and no procurement proceedings shall be
formalised until the procuring entity has ensured that funds are available to meet the obligations and
subject to the threshold in the regulations made by the Bureau, has obtained a
“Certificate of ‘No Objection’ to Contract Award” from the Bureau.”
There was no new advertisement or
procurement process but Amobi presented the two firms for payment.
Surprisingly, one of the firms
laying claim to payment, Aelex, was not part of the 2015 process, as the firm
was not captured in the evaluation report.
ILLEGAL PAYMENT TO CONSULTANT
In 2016, NEXANT, a software and
energy firm, engaged a former staff of Power Holding Company of Nigeria (PHCN),
Uzoma Achinaya, to provide advisory and analytics work for NBET.
 |
| John Gustafson, CEO Nexant |
According to the arrangement,
Achinaya would work for NBET for a period, present a report to NEXANT and claim
his payment from NEXANT. This indeed happened but instead of NEXANT to pay the
consultant, NBET’s leadership decided to pay him despite not being party of the
engagement agreement.
On January 23 2017, Achinaya
wrote Amobi requesting NBET to pay him the sum of N7 million advance payment
for the work he had done so far.
“I refer to the advisory and
analytics work that l have done for NBET on the sustainable solutions to the
Liquidity Challenges in the Nigerian Electricity industry.
“I appreciate the steps NBET
management is taking to resolve the issues with NEXANT regarding my contract
which has resulted in the delayed payment of my fees for the services rendered.
However, I have some very urgent family commitments, including school fees for
my children, which need immediate funding. It will be appreciated if I can be
granted a payment advance in the sum of Seven Million Naira (N7, 000, 000.00},
in lieu of the money I am owed for the work already done, to enable me meet
some of these commitments.
“The amount should be recovered
from my payment when the issues with NEXANT are finally resolved.”
The irregularities in the request
were flagged by the internal audit, which declined payment to Achinaya.
The audit department argued that
it declined the payment because the Amobi’s N7.5 million request was above her
N2.5 approval threshold and that the process of contracting was not subjected
to any procurement process.
Internal audit also argued that the
consultant does not have a tax identification number (TIN) as stipulated by
procurement law, inside sources told Leaks NG.
To bypass the procurement part,
Amobi allegedly directed the Parastatal Tenders Board of NBET to seek
consideration and approval for the requested fund. The board submitted its
report in March claiming that due process was followed in the award of the
consultancy contract. The memorandum for consideration and approval indicated
that the bid was opened on March 1, 2017, with a deadline of March 6.
At the end of the process, two
individuals were said to have emerged out of five expressions of interest
received; Joe Agah with 59.7 total weighted scores and Uzoma Achinaya with
95.1. The contract was later awarded to Achinaya at the sum of N25, 850, 000.
Even at that, the board did a
shabby job in the cover-up. The consultant started work in 2016, requested for
payment in January 2017 for his ongoing work but the NBET management instituted
a post-dated procurement process to make the payment possible.
TRANSFER OF STAFF WITHOUT BOARD’S
APPROVAL
In 2017, Amobi made a request to
the accountant-general for officials from his office to be transferred to NBET
to head the internal audit and finance departments. Inside sources alleged that
she made this request because she felt the officials who headed the department
at NBET were standing in her way.
 |
| Marilyn Amobi |
The request was granted in June 2017. The AGF posted Hauwa Bello from the National Centre for Women Development (NCWD) to head the internal audit. He also posted Sambo Abdullahi to the Learning and Development, a newly created department at NBET. Waziri Bintube of the finance department was reposted to Risk and Guarantee, another department created by Amobi allegedly to victimise the two top officials.
A month earlier, Amobi had
facilitated the transfer of two people, Ajulo Adesola from the National Agency
for Science and Engineering (NASENI) and Acho Onyechege from the ministry of
Niger Delta Affairs to NBET as treasury officers.
Though the new postings were
communicated in a letter by AGF on 30 May 2018, they flouted the requirement of
NBET charter which places the responsibility of recommending postings within
the agency on the human resources committee of NBET.
Section 2.4 (b) of the charter
state that the Human Resource Committee shall “‘review and make recommendations
to the Board for approval of the Company’s organisational structure and any
proposed amendments.”
Although the accountant-general
reserves the authority to approve such reviews, the office does not have the
power to make postings.
AMOBI EVASIVE, ABUSIVE
When contacted to respond to the
series of allegations against her, Amobi, rained abuses Leaks NG reporter.
Without first listening to the
reporters’s questions, in in a statement, replete with swear words, the MD she
said she would not comment to any of the allegations because the issues are in
court.
“If they are things about NBET
that are currently in court, there is really no need…some of them are in court.
I’m sure some people brought this to you,” she said.
“You’ve written a story about us
before of us sending some people to America which of course didn’t happen.
These are issues that are with EFCC, ICPC and even in the court.”
After calling the reporter many
unprintable names, Amobi ended the call.
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