Femi Falana, (SAN) seems not to be letting go on the recent feud between Dr Ibe Kachikwu, the State Minister for Petroleum Resources, and Dr Maikanti K. Baru, the Group Managing Director of the Nigerian National Petroleum Corporation, as he has hit the latter.
Falana in a statement on Wednesday said that the unilateral award of the multi-billion dollar contracts in the NNPC by Dr. Baru or the Tenders Board, is illegal, null and void.
He stated the NNPC Act and the Public Procurement Act 2007, to justify his argument.
“It is pertinent to state, without any fear of contradiction, that by virtue of Section three of the NNPC Act, the GMD as the Chief Executive of the Corporation shall be responsible for the execution of the policy of the Corporation and the day-to-day running of the Corporation’s activities and its associated services”.
“But contrary to the erroneous impression conveyed by the management of the NNPC, there is no conflict whatsoever between the provisions of the NNPC Act and the Public Procurement Act, 2007 to justify the usurpation of the powers of the NNPC board by the Tenders Board of the NNPC headed by the GMD”.
Even when Baru had in response to Kachikwu’s letter explained that the law and the rules do not require a review or discussion with the Minister of State or the NNPC Board on contractual matters, Falana has maintained that Baru’s defence was anchored on the mistaken belief that the NNPC Act does not require him to report to the Minister of State but to President Buhari in his capacity as the Minister of Petroleum Resources.
“Dr Baru must have forgotten that upon the removal of Dr Kachikwu as the NNPC GMD in 2016, the President appointed him as the Chairman of the reconstituted Board of the NNPC in line with Section 3 of the NNPC Act”.
“Therefore, the decision of Dr Baru to bypass the Chairman of the Board in the award of the contracts and appointment of NNPC staff cannot be justified either under the NNPC Act”.
The Senior Advocate of Nigeria accused President Muhammadu Buhari of encouraging Dr Baru to treat the Minister of State for Petroleum Resources “with such pompous disdain and arrogance”.
However, the duo were recently sighted at the on-going National Economic Summit NES23 holding in Abuja, exchanging genuine pleasantries.
Femi Falana had earlier said that the President should relinquish his position as the Petroleum Minister and appoint a new Minister as well as suspend the current GMD, after a letter by the Minister of State for Petroleum Resources was leaked.
