Witness cites BPP letter to counter Ngige’s claim on presidential backing to handle NSITF contracts

Former labour and employment minister Chris Ngige’s defence team in his ongoing N2.2 billion fraud trial said on Thursday that he legitimately oversaw procurements for the Nigeria Social Insurance Trust Fund (NSITF), one of the parastatals supervised by his ministry, citing a presidential directive.

But the Economic and Financial Crimes Commission (EFCC), which is prosecuting the former minister before the FCT High Court in Abuja for corruption in his handling of the NSITF procurements, cited a letter from the Bureau of Public Procurement (BPP) to counter Mr Ngige’s claim.

EFCC, through its second prosecution witness, Kelly Nwagha who is a former Acting Managing Director of the NSITF, maintained that the BPP had sole legal jurisdiction over NSITF contracts.

It was so undisputed that, he said, the BPP, at a time, deployed an officer to handle NSITF jobs.

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The BPP was established with statutory power to regulate and oversee federal public procurement to ensure transparency, competition, and value for money in government contracting. However, the NSITF is one of the five agencies domiciled under the labour ministry established to provide social insurance and compensation for Nigerian workers who suffer work‑related injuries, disabilities, or death.

Led in evidence by EFCC’s lawyer, Silvanus Tahir, a Senior Advocate of Nigeria (SAN), the prosecution witness, Mr Nwagha, said he had to write the BPP to seek clarifications over the issue.

He said he received BPP’s response to his letter stating that it was solely responsible for NSITF’s procurements.

During cross-examination, defence lawyer Patrick Ikwueto, also a SAN, asked Mr Nwagha whether the Presidency explicitly authorised the Ministry of Labour and Employment to oversee NSITF procurement.

The witness said, “I am not surprised. The minister (Mr Ngige) read to me part of the report that the minister oversees procurement for 12 months, but he did not give me a copy of it (report).”

When pressed on why the BPP’s subsequent findings contradicted this arrangement, Mr Nwagha said he was not the BPP, but he forwarded a copy of the BPP’s report to Mr Ngige.

Mr Ngige is facing prosecution on eight counts, including receiving gratifications from NSITF contractors and giving associates preferential treatments in awarding the agency’s contracts.

All eight counts centre on the NSITF contracts he awarded as the labour minister.

EFCC arrested the former minister on 10 December and subsequently arraigned two days later on 12 December.

One of the eight charges accused him of awarding seven contracts worth over N366 million “for consultancy, training and supply by the Nigeria Social Insurance Trust Fund (NSITF)” to a company, Cezimo Nigeria Limited, belonging to his associate, Ezebinwa Charles.

The prosecution similarly accused him of awarding eight contracts worth over N583 million to another company belonging to Mr Charles.

It alleged that Mr Ngige used his position to give preferential treatment, awarding eight contracts worth over N362 million to a company, Jeff & Xris Limited, belonging to Nwosu Chukwunwike.

Other companies he allegedly awarded contracts under suspicious circumstances include Olde English Consolidated Limited and Shale Atlantic Intercontinental Services Limited, belonging to Uzoma Igbonwa to the sum of N668 million and N161 million respectively.

Also, the anti-graft agency accused Mr Ngige of collecting gratifications from contractors of the NSITF through “his organisation, called Dr Chris Nwabueze Ngige Campaign Organisation, from Cezimo Nigeria Limited (Zenith Bank Account Number 1011901119).”

Mr Ngige also allegedly collected N38.6 million from Cezimo Nigeria Limited, N55 million from Zitacom Nigeria Limited and N26 million from Jeff & Xris Limited, said the EFCC.

The offences were said to violate section 17(a) of the Corrupt Practices and Other Related Offences Act 2000 and is punishable under section 17(c) of the same Act.

According to the EFCC, the defendant committed the alleged offences while serving as the Minister of Labour and Employment during former President Buhari’s administration.

The former governor of Anambra State and senator denied all the allegations.

Witness shares more details on BPP’s power over NSTIF’s contracts

Earlier during the proceedings on Thursday, the EFCC presented four documents to the court as exhibits through the witness, Mr Nwagha.

They are comprised of a letter signed by Mr Ngige and endorsed by his special assistant, another letter Mr Nwagha wrote as the acting MD of NSITF to the BPP, BPP’s response, and a circular released by the Secretary to the Government of the Federation.

Led by the prosecution lawyer, Mr Nwagha read the BPP’s response to his letter he had written to seek clarifications about NSITF procurement.

Reading the response, Mr Nwagha said that the agency wrote that the NSITF and the Ministry of Labour did not have the power to take over NSITF’s procurement, and that the BPP was the only agency that could temporarily transfer procurement functions.

The BPP said in the letter that it would deploy a procurement officer in NSITF, and it was not in the best interest of the ministry and NSITF to overhaul the procurement.

Under cross-examination, Mr Ikwueto asked the witness if he saw any letter written by the BPP to the Ministry of Labour. The witness replied, “No.”

He also stated that during his time as acting Managing Director of NSITF, there was no procurement via advertisement except for three offices.

Later, he said three offices were rented to reduce the cost for NSITF. However, Mohammed Abubakar, sent by the BPP to handle procurement, was not part of the process because at that time, he had not resumed duty.

Thereafter, the trial judge, Maryam Hassan, adjourned the matter until 21 April.

Previous testimony

The first prosecution witness, Pedro Chellen, whose initial petition sparked the investigation into Chris Ngige, testified that an N80 million renovation contract for the NSITF’s Makurdi office was awarded to a firm that had completely bypassed the bidding process.

He said nothing came out of it, prompting him to appeal to the BPP, where it was revealed that the contract was awarded to a company which did not participate in the bidding process.

Under cross examination by defence lawyer Mr Ikwuetothe, the witness said his petition was against the management board of NSITF.