How Nigeria Airways Was Mismanaged
February 6, 2007 | posted by Mobolaji Aluko (Archives)


How Nigeria Airways was Mismanaged

White Paper and Govt Comments

Activities and/or inactivities of Nigeria Airways since its establishment have always attracted public attention, yet the airline at some point was the pride of Nigerians. But for over two decades now, the airline has been under spotlight mostly for the wrong reasons. Fed up with the reeking stench of corruption in the parastatal, the government set up a judicial commission of inquiry to probe the activities of the airline from 1983 to 1999. Excerpted below is government's position on the recommendations as contained in the draft White paper

 


Term of Reference A

"Ascertain with effect from January, 1983 to December 1999, the Financial Position and the Financial Management of Nigeria Airways Limited and for this purpose examine all books of accounts and records and determine whether there has been compliance with appropriate regulations.

Recommendation  1:

Mrs. Saliu afore named be traced and made to refund to NAL the sum of N1,482,982.00.
Comments: Government accepts this accommodation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to recover the sum of N1,482,982 from Mrs. Saliu.

Recommendation  2:

Mrs. Isiaku Arowosofe and Mrs. Irabor should refund to NAL the sum of N194,448,86. On their failing to do so they should be prosecuted for the offences of conspiracy and stealing.
Comments: Government accepts this recommendation and directs the Federal Ministry of Justice and the Nigeria Police Force to recover the sum of N194,448,86 from these two ex-staffers. They should, in addition, be prosecuted in order that this may serve as deterrence to others.

Recommendation  3:

Transmission Travels should refund to NAL the sum of N500,000 being the value of the ticket fraud perpetrated by that company against NAL's financial interests.
Comments: Government accepts this recommendation. The Federal Ministry of Justice and the Nigeria Police force are hereby directed to recover the sum of N500,000 from Transmission Travels.

Recommendation  4:

Olaseinde; Olatokun; Aikoroje and Etukwere should jointly and severally refund to NAL the sum of N160,0000 (One Hundred and Sixty Thousand Naira) and on their failing to do so should be duly prosecuted for the offence of stealing and fraudulent conversion of property.
Comments: Government accepts this recommendation.

Recommendation  5:

The CES Travel Contract Agreement
The commission recommends that (a) Alabo Tonye Graham Douglas (b) Maj. - General (rtd) Olu Bajowa (c) Alhaji M. Abdusalam (d) Messrs U.S. H. Maigida and (e) T. Mgbor; should refund to NAL jointly and severally the sum of U$6.3 million being financial damages to NAL, occasioned by their unilateral acts of terminating that contract.
Comments: Government accepts this recommendation and directs appropriate agencies of government to recover the money.

Recommedation 6:

The sum of N2.0 million unlawfully approved by Captain Mohammed Joji as Imprest Account for Miss G.N. Hembah be recovered from him.
Comments: Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take appropriate steps to recover the sum of N2.0 million from Captain Mohammed Joji.

Recommendation  7:

For the very bad Management decision which resulted in the loss of N40 million of NAL funds, it is the considered view of the Commission that Captain Mohammed Joji and NAL's Director of Finance, Mr. Afam Nwagboso should refund to NAL the sum of N40 million which they lost to CMB, since no reasonable Management which had the interest of NAL in mind would have used CMB as the collection bank when financial institutions such as First Bank of Nigeria Limited, Union Bank of Nigeria Plc were available with better and more widespread branch networks nationwide, additional to their being very well established financial institutions.

Comments: Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to set the necessary machinery in motion to recover the sum of N40 million from the two ex-officials of NAL.

Recommendation  8:

The sum of US$2,359,546.93 duly ascertained by NAL Management on fraudulent manipulation of excess baggage and hand luggages allowance, etc, by NAL's Jeddah station be recovered from NAL's Jeddah station area Marketing Manager, Alhaji Ibrahim Bala. On his failing to do so, the Commission recommends that he should be duly prosecuted with regards to the offences of stealing and fraudulent conversion. The Commission also recommends that the forenamed Area Marketing Manager, it still employed by NAL, should be dismissed from NAL's service employment.

Comments: Government accepts the recommendations

Recommendation  9:

That captain Mohammed Joji should give full account of his disbursement of the sum of US$12 million paid to NAL as royalty by Swiss Air.

Comments: Government accepts this recommendation.

Recommendation  10:

That Engineer A.A. Agoin, NAL's MD, NAL's DES, Mr. Nwagboso and Mr. Idakula, NAL's Legal Adviser should jointly and severally refund to NAL the entire sum of N6,884,677.72, following their ill-advised renewal of the Adwork Contract Agreement to the financial disadvantage of NAL.

Comments: Government accepts this recommendation and directs the Federal Ministry of Justice and the Nigeria Police Force to recover N6,884,677.72 from the three Ex-Officials of NAL.

Recommendation  11:

The termination of appointments of the four Engineers in the view of the Commission is characteristic of faulty decision making during the Gana regime. The four Engineers should be compensated by NAL for the raw deal meted out to them by NAL at the instance of Captain B. All Well Brown. The 4 Engineers are: K. Bruce, Engineer O.O. Idowu, Engineer A.C. Dunkwu and Engineer C.E. Iloeje.

Comments: Government accepts this recommendation.

Recommendation  12:

That the prolonged rental dues and occasions of over pricing during the Garuda Maintenance and D-check with Hak Air totalling US$4,052,234.50 be recovered from Alhaji Jani Ibrahim.

Comments: Government accepts this recommendaton and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to recover the sum of US$4,052,234.50 from Alhaji Jani Ibrahim.

Recommendation  13:

That the 3 Engineers who were dismissed by Alhaji Jani Ibrahim under decree 17 should be reinstated into NAL's service or in lieu duly compensated by NAL for their premature loss of services. The Engineers are Engr. C.E. Diala, Engr. Uche Nwoji and Engr. P.E. Adah.

Comments: Government accepts this recommendation that the three Engineers be compensated. Their dismissal should therefore be commuted to retirement from service. The period of their dismissal from service should therefore be taken into consideration in celebrating their terminal benefits.

Recommendation  14:

That the outstanding sum of US $1.225 million that he paid to ALPINE AVIATION without any guarantee is recovered from Alhaji Jani Ibrahim.

Comments: Governments accept this recommendation.

Recommendation  15:

That Capt. H. A. Kuti, MD/CEO, HAK AIR and Dr I. Kubor be prosecuted for the offences of offering and receiving bribes. The commission further recommends that the sum of N4.5 million be recovered from Dr. I. Kubor and paid into state (FGN) revenue fund.

Comments: Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigerian Police Force to proceed with the prosecution of Capt. H. A. Kuti and Dr. I. Kubor and also recover the sum of N4.5 million from Dr. Kubor.

Recommendation  16:
That Alhaji Jani Ibrahim should refund to NAL the entire sun of US $928,895.25 he paid to HAK AIR as commission and handling charges as there was no need for those third party arrangements at the time he made them.

Comments: Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to act on the matter.

Recommendation  17:

Occasions of NAL's air ticket fraud: The underlisted Officials and Travel Agents should refund to NAL the sum of money listed against their names of Agencies as a result of their fraudulent acts or in lieu should be duly prosecuted in a court of law for the offences of stealing and fraudulent conversion of property.

Comments: Government accepts this recommendation and directs the Federal Ministry of Justice and the Nigeria Police to record the sums of money listed against such persons or agencies and in addition prosecute them for stealing and fraudulent conversion of property.

They are:

Mrs Abimbola
Mrs. C.O. Awosika N26,959,883.00
Mrs. Adeloye A. B.
Mr. Omoregbe K.
Mr. D.A, Adebiyi N86,179.00
Deen Travels N629.834.00
Lagustr Travels N214,854.00
Assab Travels N8,493,796.00
H&B Travels N6,885,046.00
All Staff Travels N3,027,354.00
Classique Travels N2,421,105.00
Kinshaha, Mgbengbe M. N123,280.00
Jos, Mrs Dilli K.M. N3,258,284.00
Ilorin, Mrs. Olobayo T.D. N188,768.00
Abeokuta, Mrs. Adeluola V.I. N82,768.00
Sokoto, Alh. S.I. Atipebi N574,969.00
Onitsha, Mr. J. Osukporu N723,469.00
Benin Mr. A.A. Eehu N1,115,269,28
Ikeja Mr. Aro $203,484.00
Mr. Fakeye US $108,129.28
Cosvir Travels N7,938,503.00
All Sky Travels N234,,546.00
Octilon Travels N645,515.00
QCA Travel N124,548.00
Qualitex Travels N582,433.00
Nokoyo Travels N235,254.00
FLT Contract Travels N1,337,711.00
AEROSWFT Travels N1,365,281.00
BOFAM Travels N232,322.00
Onent Travel Agency N573,035.00
-Mr E. Lebechi N534,247.00
-Mr. J. E. Lebechi US $19,335.00
-Mr. Samuel N171,990.00
-Mr Audi G.M. N861,658.00
-Mrs. Apochi A. N155,000.00
-Mrs. V I. Ademola N1.468,748.00
-Mr. M. Modibo/
-Miss F. P. Gwani N898,960.00
-Mr. F. O. Adeosun N646,241.00
-Mrs. A.A Shelleng N26,059,209.00
-Mr. M. A. Akolie N2,616,519.00
-Mr. O. T. Odunlayo N1,288,850.00

Terms of Reference B
"Investigate the application of funds, including budgetary allocations, special grants. Loans of specific projects and proceeds from the sale of its products and services and make appropriate recommendation in the light of the findings".


Recommendation  1
Air. Cdre (Rtd) Bernard Banta and Rear Admiral (Rtd) Patrick Koshoni should refund to NAL the cost of Nos. A310 Aircraft, which is US$3,525 million.
 

Comments: Governments accepts the recommendation. However, they should refund the difference in the value of 4 Nos. Aircraft supplied to Nigeria Airways Limited.

Recommendation  2
AVM (Rtd) Anthony Okpere and Mr. P. A. Edike, the DES in the ration of 60-40 (i.e. 0.3 million and 0.2 million respectively) should refund to NAL the sum of US$0.5 million being the deposit paid to the Boeing company for the botched purchase of 1 Nos. B737 Aircraft and which deposit was not refunded to NAL.

Comments: Government accepts this recommendation. They should refund jointly and severally the sum of US$0.5 million.
 

Recommendation  3

A.

(a) Alabo Tonye Grabam-Douglas;

(b) Maj. Gen. (Rtd) Olu Bajowa;

(c) Alhaji M. Abdulsalami;

(d) Mr. T. Mgbhor; and

(e) Dr. U.S.U. Maigida

should jointly and severally refund to NAL the sum of US$6.3 million which is the total loss incurred by the Company following the irregular renewal and termination of the CES contract.

Comments:
This has earlier been treated at No.5 under Term of Reference A



Recommendation  4

Maj. Gen (Rtd) Olu Bajowa should refund to NAL the sum of US$4.35 million which was deposited for the botched purchase of MD 14 and ATR 43 Aircraft and which deposit fill date has not been recovered by NAL.

Comments:
Government notes this recommendation and hereby directs Nigeria Airways Limited to recover the money from the Company.



Recommendation  5
Capt. Mohammed Joji should refund to NAL the sum of US$9.8 million, which he allegedly paid to Saberia as the Commission had no proof that such payment was in fact made by him.

Comments:
Government accepts this recommendation and he should, in addition, be prosecuted.



Recommendation  6

That Capt. Mohammed Joji should refund to NAL the sum of US$3, 531,358.50 being the cost of the D check on the B737 Aircraft, which was carried out by NAL in Nigeria, which he again paid for in Brazil.

Comments:
Government accepts the recommendation. The present management of Nigeria Limited and the Federal Ministry of Justice should explore the possibility of recovering the money. For this recklessness and the those already listed against him. Government hereby bans Captain Joji from holding any public office in Nigeria. The Secretary to the Government of the Federation is hereby directed to include this decision in the next issue of the Gazette.



Recommendation  7

That Engr. Andrew Agom and Mr. M. Idiakula should jointly and severally refund to NAL the sum of $782,31272 being the loss incurred by NAL on their ill advised renewal of the Adwork contract.

Comments:
Governments accepts this recommendation and hereby directs Federal Ministry of Justice and the Nigeria Police Force to take steps to enforce it.



Recommendation  8

Capt. All-Well Brown should refund to NAL the sum of US4122,000 being the cost of retaining 3 No. Pilots in Mami for a period of five months for no reasonable course.

Comments:
Government accept this recommendation and hereby directs that the Federal Ministry of Justice and the Nigeria Police Force to recover the money from him.



Recommendation  9

The commission recommends that Group Capt. Peter Gana should refund to NAL the difference in cost which is US$850,000 for his failure to utilizes existing engine repair agreement between KLM and NAL.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to enforce it.



Recommendation  10

That Engineer A.A. Agom, NAL, MD, NAL's DFS, Mr. Nwagboso and Mr. Idakula, NAL's Legal Adviser should jointly and severally refund to NAL the entire sum of N6,884,677.72 following their ill advised renewal of the Adwork Contract Agreement to the financial disadvantage of NAL.



Recommendation  11

The termination of appointment of the four Engineers in the view of the commission is characteristic of faulty decision making during the Gana regime. The four Engineers should be compensated by NAL for the raw deal meted out to them by NAL at the instance of Captain - B All Well Brown. The four Engineers are Engr. K. Bruce, Engr. O.O Idowu, Engr. A.C. Dunkwu and Engr. C.E. Iloeje.



Recommendation  12

Alhaji Jani Ibrahim ex-Managing Director, NAL should refund to NAL the sum of US$616,052.26 being the excess payments he caused NAL to make to Revillo.

Comments:
Government accepts this recommendation as the former MD acted unilaterally by opting for a higher price in place of a lower one resulting in the loss. The Federal Ministry of Justice and the Nigeria Police Force are hereby directed to initiate steps to recover the sum of US$616,052.26 from Alhaji Jani Ibrahim.



Recommendation  13

The commission recommends that Alhaji Jani Ibrahim should refund to NAL the sum of US$1,939,439.00 million which is the equivalent of Rys 3.5 million.

Comments:
Government accepts this recommendation.



Recommendation  14

The commission recommends that this financial loss of US$1.45 million should be refunded to NAL by Alhaji Jani Ibrahim.

Comments:
Government accepts this recommendation.



Recommendation  15

The commission recommends that NAL ex-MD Alhaji Jani Ibrahim and Mr Imoou Kubor NAL ex-Director of Engineering Services should jointly and severally refund to NAL the sum of US$500,000 being the loss incurred by NAL following its inability to furnish Garuda with mandatory history data on NAL's engines.

Comments:
Government notes the indictment of the two top officials of NAL on the Garuda case but will not ask them to refund monies to NAL since no evidence has been adduced that they benefitted materially from the transaction.



Recommendation  16

That ex-MD, NAL Alhaji Jani Ibrahim should refund to NAL the entire balance of US$1,225,000 being loss incurred by NAL during the aborted 1999 hajj operation.

Comments:
Government accepts this recommendation. The Federal Ministry of Justice and the Nigeria Police Force are hereby directed to take steps to enforce this decision.

Recommendation  17

The commission recommends that Alhaji Jani Ibrahim should refund in full all losses incurred by NAL in the wet least of B737 Aircraft from Mahlooz Aviation; Specifically, Alhaji Jani Ibrahim should refund to NAL the sum of US$1,518,500 plus N15,200,000.00.

Comments:
Government accepts this recommendation. Certainly, Alhaji Jani Ibrahim acted most unilaterally and without taking into consideration the interest of his organisation (p55-57 of Vol.2 of Commission's report).

Recommendation  18

(i) The commission recommends an immediate reinstatement in the service of NAL (with all his entitlements) of Engineer Emmanuel Chukwuma Diala.

(ii) The commission recommends further that the cases of all officers of NAL similarly dismissed by Alhaji Jani Ibrahim acting under the protection of Decree No. 17 1984 be reviewed by NAL/Government.

Comments:
Government has stated its stand ont he recommendation on the fate of sacked officials of NAL by Alhaji Jani Ibrahim, under term of reference A. The management of NAL is hereby directed to implement the decision of government on this matter.



Recommendation  19

(i) The commission recommends that Captain Jaji, mr Alam Nwagbosu and Nicon Insurance Plc should refund to NAL the sum of US$2,230,357.00 being discount on premium to NAL.

(ii) The commission recommends that Captain Mohammed Joji and his Director of Finance and Supplies Mr Afam Nwagboso should refund to NAL the sum of US$2,458,064 being the difference between the amount allegedly paid to Nicon by Captain Mohammed Joji as premium on the insurance and the amount actually due.

Comments:
Government accepts these recommendations. In addition, Captain Mohammed Joji and Mr Afam Nwagboso should be prosecuted.



Recommendation  20

The commission recommends that:

- Alhaji Mohammed Kari;

- Mr J.J. Abulime;

- The DGM (Special Risks) as at December 30, 1999;

- Mr. S.O. Adeda;

- Engr A.A. Agom;

- Mr Afam Nwagboso;

- Alexander Howden Aviation;

- Fidellis Bond;

- NICON Plc.

Be held responsible jointly and severally for the sum of US$13,935,966.30 which Nicon Plc paid into the account of Alexander Services Limited at Barclays bank Plc Jersey Channel Islands. Any of them still in the service of Nicon or NAL should be relieved of his position.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and Nigeria Police Force to take steps to recover this sum. In addition, the aforemetioned officers and companies should be prosecuted.



Recommendation  21

Summary of commission's recommendations:

(i) Audit exercise to be instituted in Nicon to reconcile all figures regarding the insurance portfolio of NAL;

(ii) All members of Nicon Management in the special risks and finance department still in the service of Nicon to go on suspension during the audit exercise;

(iii) Ms P.M.G. Soares current MD of Nicon because of the status of the offices she held at all the material times should also be placed on suspension during the audit exercise;

(iv) Specifically, the following officials of Nicon should be suspended during the period of audit:

(a) Mallam Hassan E.D. (Special Risks)

(b) Mr Haruna AGM (Special Risks)

(c) Mr Austin (Senior Manager Special Risks).

Comments:
Government accepts these recommendations.



Recommendation  22

(i) That US$2.45 million be recovered from Alexander Howden Aviation being the premium paid for 1994 which was not placed.

(ii) (a) Engr A. A. Agom

(b) Group Capt (rtd) Peter Gana

(c) Mr Atam Nwagboso

(d) Mr A. S. Amalu

(e) Fidelity Bond and

(f) Chief A. Olafioye

be held jointly and severally liable with Alexander Howden Aviation for the sum of US$5.4 million being the amount covered by forged debit notes demanded by the Fidelity Bond letters of January 12 and February 15 1985, while Engr Andrew Agom, Group Capt (rtd) Peter Gana, Chief A. Olafioye, Mr Mfom Nwagboso and Mr A.S. Amalus hould be prosecuted for forging and stealing etc.

Comments:
Government accepts the recomendations and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to initiate steps to implement the decisions.
 
Recommendation   23

That the balance of US$1.4 (on the invoice of US$6.8 million of which US$5.4 million was paid based on fake debit notes aforesaid) be recovered from:

(a) Alexander Howden Aviation

(b) Engr A.A. Agom

(c) Group Capt. (rtd) Peter Gana

(d) Mr Afam Nwagboso

(e) Mr Amalu, and

(f) Chief Olafioye being premium paid for 1995 but which was not placed.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take steps to recover the said sum of US$1.4 million from the aforementioned people.

Recommendation  24

That Mr A.S. Amalu and Chief A. Olafioye should be held jointly and severally liable with Alexander Howden Aviation for the inflated premium of US$250,000 as demanded by Mr Amalu's letter of February 15, 1995 and paid by NAL.

Comments:
Government accepts this recommendation and hereby directs the Nigeria Police Force assisted by the relevant arms of government to take steps to recover the sum of US$250,000 dollars. In addition, they should be prosecuted for forging and stealing.

Recommendation  25

The commission recommends that Chief A. Olafioye and Mr Amalu should be referred to the same authority as in (ii) above for prosecution for the same offences i.e. forging and stealing.

Comments:
Government accepts this recommendation.

Recommendation  26

That (a) Alexander Howden Aviation (b) FBN (c) Chief A. Olafioye (d) Mr Yemi Omowunmi should be held jointly and severally liable for a sum of US$3 million being the amount purportedly appropriated towards direct placement of insurance policy as per the letter of FBN dated June 3, 1996 and September 5, 1996 and Alexander Howden's letter of February 5, 1997.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to initiate necessary steps towards the recovery of the money.

Recommendation  27

Demand on Alexander Howden Aviation to account for US$12.45 million claimed on Kano and Kaduna crashes failing which legal steps should be taken against Alexander Howden Aviation for this and other claims received and disbursed by the company on behalf of NAL over the years.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice, the Nigeria Police Force, the Federal Ministryof Finance and the Ministry of Foreign Affairs to initiate steps towards implementing this decision.

Recommendation  28

The sum of US$2.5 million deducted for the payment of premium for ancillary policy claimed severally to have been placed in London or Lagos or to cover some other commissions allegedly due between Alexander Howden and Fidelity Bond be refunded to NAL by Chief Olafioye, Mr Yemi Omowunmi, Alexander Howden and Fidelity Bond.

Comments:
Government accepts this recommendation.

Recommendation  29

The commission recommends that the Chairman of FBN, Chief Olafioye and Mr Yemi Omowunmi should be prosecuted for offences of stealing US$2.5 million.

Comments:
Government accepts this recommendation.

Recommendation  30

Fidelity Bond to refund US$315,687 to NAL being an unjustifiable interest charged by Fidelity Bond on a loan of N205 million it claimed to have granted NAL.

Comments:
Government accepts this recommendation and hereby direct the Federal Ministry of Justice and Nigeria Police Force to initiate steps towards the recovery of the sum of US$315,687 and pay this to NAL coffers.

Recommendation  31

The underlisted persons be declared unfit to hold public office in Nigeria for the roles they played in destroying NAL:

1. Chief Adebiyi Olafioye

2. Mr Yemi Omowunmi

3. Mr A.S. Amalu

4. Engr A.A. Agom

5. Group Captain Peter Gana

6. Captain Mohammed Joji

7. Alhaji Mohammed Kari

8. Mr John I. Abulime

9. Admiral (rtd) Patrick Koshoni

10. Air Commodore (rtd) B.N. Banfa

11. Mr U.S.H. Maigida

12. Alhaji M. Shaba

13. Air Vice Marshall (rtd) A. E. Okpere

14. Captain J.B. Ibrahim

15. Mr T.N.O. Mgbor

16. AVM (rtd) J.N. Yisa Doko

17. maj. Gen. (rtd) Olu Bajowa

18. Capt. Allwell-Brown

19. Alhaji Abdulsalam

20. Alabo Tonye Graham Douglas

Comments:
Government accepts this recommendation but limits the period of the ban to 10 years from the date of this white paper in addition to other punishments that may be meted out from the prosecution of specific individuals as contained in this white paper including Alhaji Jani Ibrahim.

Recommendation s 32 & 33

32. Having regard to the findings of our commssion in its discourse of TERM B the commission recommends that AVM (rtd) A.D. Bello and Captain Benoni briggs be declared by the government as not fit and proper persons to hold, in future, any public office of trust in Nigeria.

33. That except for Major General 9rtd) Olu Bajowa who vociferously and consistently opposed the foreign domination loan (as in exhibit BB55), all the other members of the PTF listed below:

i. AVM (rtd) Abdullahi Dominic Bello Chairman/CEO

ii. Mr Pascal Dozie (member)

iii. Alhaji Isiaku Umar (member)

iv. Otunba Tunji Adesoye (member)

v. Chief Bassey Hogan Itam (member)

vi. Mrs Stella Ugboma (member)

vii. Captain Muhammed Joji (member)

should refund to NAL.

(a) The sum of US$31 million beng the total instalmental payments made by NAL on the botched lease Purchase Agreement for the DC10 aircraft prior to the seizure of that aircraft.

(b) The sum of US$5,759,323.79 representing the judgment debt awarded against NAL by the London Court on the botched transaction.

(c) The sum of US$412,0000.00 being the proceeds of the forced sale of NAL's A310 aircraft in Brussels.

(d) The sum of US$6,003,000.00 being the instalmental payment made by Captain Mohammed Joji on the botched lease Purchase Agreement.

(e) The sum of US$2,337,000.00 being the instalmental payment made by NAL's Engineer A.A. Agom on the botched lease Purchase Agreement. (This amount includes the sum of US$337,000.00 allegedly paid "in error" by NAL's ex-DFS, Mr Nwagboso).

(f) The sum of US$1,500,000.00 being the instalmental payment made by Alhaji Jani Ibrahim, MD, NAL on the botched lease Purchase Agreement.

(g) The sum of US$11,500,000.00 being payment made by Captain Benoni Briggs in part settlement of NAL's financial obligations on the botched lease Purchase Agreement.

(h) The sum of US$1,040,200.00 being the US dollar equivalent of the forced sale value of the 4 No. NAL's London properties sold by Equator Leasing for the cumulative price of œ743,000.00 (conversion rate œ1 - US$1.4).

(i) The sum of US$3.5 million being payment made by Dr O. Agagu, former Minister of Aviation in par settlement of NAL's financial obligations on the botched lease Purchase Agreement.

(j) Items (a-i) above total US$63,682,523.79.

Comments:
Government accepts the recommendations (items (a) - (i); and directs Federal Ministry of Justice and the Nigeria Police Force to recover the money.

Recommendation  34

Capt. Benoni Briggs should refund to NAL the sum of œ807,000 (or US$1.21 million) being the difference between the open market value (œ1.55 million) and the forced sale value of œ743,000 of the 4 No. NAL's London properties.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police force to initiate steps towards recovering the money.

Recommendation  35

Commendation for Capt. Unoanunobi for his patriotic deeds during the Equator Leasing saga and payment of his terminal benefits.

Comments:
Government accepts this recommendationand hereby directs the Secretary to the Government of the Federation to write a letter of commendation to Capt. Unoanunobi and direct that his terminal benefits be paid forthwith by the present management of NAL.

Recommendation  36

The Remo Hush Killing Contract -- summary of which is the refund of various sums to NAL by AVM (rtd) A.D. Bello and members of the Presidential Task Force totalling US$5.3 million to NAL.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to act accordingly.

Recommendation  37

NAL Subsidiaries

(i) Each organisation should be fully released from the apron strings of NAL to enable it operate fully. Here, total independence is germane and should involve, recapitalisation for the refurbishment of capital equipment, the purchase of tools, the assingment of primary resources (for instance, land and buildings to SKYPOL) and determination of the careers of their staff as means of motivation.

(ii) The level of autonomy should be such that each organisation, as a Limited Liability Company should be encouraged to have its policies, a Board of directors, employ professional and adopt a structure that operates in its own field of specification. For instance, SKYCATEr needs to be fully professionalised and relate closely with other international organisations in that industry.

(iii) Each of them should operate as a profit centre and empowered as an independent self-accounting body to source for its own funds, with NAL relating to it in a purely business relationship. Efficient service and profit should be the ultimate goals of each organisation.

(iv) All assets belonging to the companies should be valued in order to define what really belongs to each and to facilite recapitalisation either by way of core investors or through the money market.

(v) For the more affluent companies like SAHCOL, or SKYPOL, they should be floated in order to attract new shareholders and funds. SKYCATEr should be encouraged for the effect it will have on the national economy. SKYCATER must look for an effective core investor for the service it provides.

(vi) For now, NAL should desist from converting for its use, the funds generated by these organisations. Rather, it should settle its outstanding indebtedness to them, and further assist them in ensuring that their debtors settle their outstanding indebtedness to them. Alternatively, the debts should be netted off the investment of NAL in each subsidiary.

(vii) At the appropriate time, NAL should scale down any shareholdings it may own in these subsidiaries, and only hold nominal shares, which will not threaten other investors in these subsidiaries.

(viii) In every case, the need for feasibility studies to be carried out in the relevant area of competitive advantage should be emphasised. The studies will provide the framework for operations in each case.

(ix) The commission believes thast the opportunity presented by the establishment of the subsidiaries needs to be fully and very urgently harnessed. It believes further that taking stock of the past, defining relationship of the patent with its subsidiaries and charting a future and establishing systems must be carefully done by professionals. The commission therefore recommends the appointment of a firm of management consultants for that purpose.

Comments:
Government accepts these recommendations and hereby directs the Federal Ministry of Aviation to initiate steps for the immediate implementation of these recommendations, which governmen tbelieves if properly implemented, will enhance the financial status of NAL's subsidiaries.

TERM OF REFERENCE C

Verily, evaluate, ascertain and authenticate the level of the indebtedness of the company and ascertain the genuineness or otherwise of such debts and liabilities and apportion responsibilities appropriately.

Recommendation  1

Government to set up a forum and/or Debt Market where the alleged creditors of NAL, if any and NAL will meet to negotiate the value or values of their claims.

Comments:
Government accepts this recommendation and hereby directs that Debt Management Office should liaise with relevant government agency to implement the decision.

Recommendation  2

Payment of 8 million dollars to Ann Lingus and the rweadmission of NAL to IATA.

Comments:
Government accepts this recommendation and hereby directs that if actions has not already been taken on the two issues, the Federal Ministry of Aviation should take immediate appropriate steps.

Recommendation  3

US$310,000 to be made available by government to Nigeria's Ambassaodr to pay off all creditors and staff of NAL in the Netherlands.

Comments:
Government accepts this recommendation and hereby directs the Debt Management Office to make the amount available to the Nigerian Ambassador to the Netherlands.

Recommendation  4

The Villa in Rome to be sold due to its unsuitability both as a Guest House or Official Quarters for the NAL Station manager in Rome.

Comments:
government accepts this recommendation and hereby directs the Federal Ministry of works and Housing to supervise the sale bearing in mind the negotiations already made with Mr Fredighi by the Judicial Commission of Inquiry.

Recommendation  5
Outstanding Social Security Taxes, scale down to US$800,000 through negotiations with the Italian Government to be paid by NAL.

Comments:
government accepts this recommendation and hereby directs the Debt Management Office to negotiate a hased payment of the taxes over a five-year period.

Recommendation  6

NAL's unpaid Telcom Bills and Over Night Charges in Italy.

Comments:
Government accepts this rcommendation for the settlement of US$100,000 owed Telcom Italia by NAL. government also accepts that aovernight charges of US$600,000 owed the Italian Ministry of Transport be paid.

Recommendation  7

Closure of rome's NAL Station.

Comments:
Government notes the explanation given by the commission leading to its recommendation that NAL re-establishes its Rome Route and hereby accepts that recommendation.

Recommendation  8

Sierra Leone/Freetown

Government action needed to secure the release of the 5No. Bungalows (each of 4 bedroom) owned by NAL at Spurloop, Freetown as wella s the 2No. developed properties situated in Lungi and owned by NAL.

Comments:
Government accepts this recommendation and hereby directs the Ministry of Foreign Affairs to take urgent steps to secure the release of the properties and hand them over to NAL.

Recommendation  9

Senegal Dakar

Government to take urgent steps to secure NAL's undeveloped parcel of land in Dakar, Senegal.

Comments:
Government accepts this recommendation and hereby directs the Ministry of Foreign Affairs to take urgent steps to secure the land and hand it over to NAL.

TERM OF REFERENCE D

"Assess the image and effectiveness of the company with regards to its domestic and international obligations."

Comments:
Although the commission on this term of relevance listed no specific recommendation, government hereby notes the findings and comments of the commission in Volume 3, Pages 20 to 28 of its report. Government directs the Ministry of Aviation to study these comments and findings in more details with the aim of taking steps to improve the image as well as the effectiveness of NAL and subsequently brief the Federal Executive Council (FEC).
 

TERM OF REFERENCE E

"Ascertain the marketing policies of the company with effect from January, 1983 to December, 1999 and determine their efficiency and impact on the revenue of the company."


 

Recommendation  1

That Rear Adm. (rtd) Patrick Koshoni and Air Commodore (rtd) Bernard Banfa should refund to NAL jointly and severally the sum of US$17,625,000 in respect of the 2No. B727 Aircraft sold when they were Honourable Minister of Transport and Aviation and MD, NAL respectively.

Comments:
Government accepts this recommendation.
 

TERM OF REFERENCE F

"Assess the procurement and maintenance policies of the company having regard to international standards and the effect of such action on the general administration of the company."

Recommendation  1

AVM (rtd) Anthony Okpere should refund to NAL the sum of US$0.5 million being the deposit paid to the Boring Company for the botched purchase of No.1 B737 Aircraft and which deposit was not refunded to NAL.

Comment:

This has earlier been treated at No. 2 Term of Reference B.

Recommendation  2

The commision recommends that Alhaji Jani Ibrahim should refund in full all losses incurred by NAL in the wet lease of B.737 Aircraft from Mahfoos Aviation. Specifically, Alhaji Jani Ibrahim should refnd to NAL the sum of US$1,489,500.00 plus N15,000,000.00.

Comments:
This has earlier been treated at No. 17 Term of Reference B.

Recommendation 3

Air Commodore (rtd) Peter Gana should refnd to NAL the sum of US$12.5 million.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to enforce the decision.

Recommendation  4

Air Cmdr (rtd) Peter Gana and Flying Officer Edward Umar should jointly and severally refund to NAL the sum of US$2,589,379.92.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police force to implement the decision.

Recommendation  5
The commission recommends an urgent review of the unjjust removal from service of the 4 No. Engineers, namely: K. Bruce; O. O. Idowu; A. C. Dunkwu and Iloeje.

Comments:
This has earlier been treated at No. 11 under Term of Reference A.

Recommendation  6

Alhaji Jani Ibrahim to refund a total of US$248,719.70 to the coffers of NAL for various mis-applied financial transactions during his tenure as MD, NAL.

Comments:
Government accepts this recommendationand hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take immediate steps to recover the sum of US$248,719.70 for NAL.

Recommendation  7

NAL transactions with Revillo.

Comments:
Government accepts this recommendation and hereby directs the Nigeria Police Force with the assistance of the Ministry of Foreign Affairs and the Federal Ministry of Justice to take steps to implement the recommendations.

Recommendation  8

Alhaji Jani Ibrahim and Jim Airewele Director, Finance and Supplies should refund to NAL jointly and severaly the sum of N5 million being overpayment made to ONYA (Nigeria) Limited on the computerisation project.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take steps to recover the sum of N5 million from Alhaji Jani Ibrahim and Mr Jim Airewele.

Recommendation  9

Capt. Allwell-brown should refund to SACHOL the sum of N12.4 million being the excess payments made to Peuton Rise Nigeria Limited on the occasion of the rental of forklifts to SACHOL.

Comments:
Government accepts this recommendation.

Recommendation  10

Rtd Capt Allwell-Brown and Alhaji Jani Ibrahim to refnd N3.25 million each to NAL the overpayment on the Information Technology Service by Swill and Hays Limited.

Comments:
Government accepts this recommendation.

Recommendation  11

Dr Imora Kubor to refund to NAL the sum of N494,676.00 being the discrepancy in his purchases and those made by the Chairman of the C -check Committee.

Comments:
Government accepts this recommendation.

Recommendation  12

Dr Imora Kubor to refund US$106,311.00 to NAL being the loss incurred by NAL through him.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take steps to recover US$106,341 from Dr Kubor.

Recommendation  13

Alhaji Jani Ibrahim, former MD, NAL to refund to NAL a total of US$375,000 being the sum siphoned from NAL through dubious payments supposedly made by him to Aerospace Shannon and Airbus Industries on C-check through the Meadgrove Account. The payments were made without invoices.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take urgent steps to recover the sum of US$375,000 on behalf of NAL.

Recommendation s 14

Capt H.A. Kuti MD/CEO Hak Air and Dr I. Kubor should be duly prosecuted for the offences of offering and receiving bribes.

Comments:
This recommendation has been dealt with under Term of Reference A.

Recommendation  15

The commission further recommends that the sum of N4.5 million be recovered from Dr I. Kubor and paid into Consolidated Revenue Fund.

Comments:
This recommendation has been dealt with under Term of Reference A.

Recommendation  16

Alhaji Jani Ibrahim should refund to NAL the sum of N24,823,412.80 paid by NAL to spring fountain without due process and authority.

Comments:
Government accepts this recommendation and hereby directs the Federal Ministry of Justice and the Nigeria Police Force to take urgent steps to recover the sum of N24,823,412.00 from Alhaji Jani Ibrahim.

Culled from Thisday 30/11/2003 and 07/12/2003








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