Yar’adua’s Absence, Federal Minister Of Works, Dr. Hassan Mohammad Lawal Signs Away N14billion Illegal Road Contracts
There is a rot taking hold in the Federal Ministry of Works, Housing and Urban Development which has worsened following the absence of President Umaru Yar'Adua from the country. Ukpakareports.com has documentary evidence showing how Honorable Minister Hassan Lawal seized the President's absence to push through suspicious road construction contracts worth over N14billion. This he did against the objections of the Bureau of Public Procurement.
Of particular interest is the recent contract award for the rehabilitation of the Wukari-Takum road in Taraba State - and the Honorable Minister unholy relationship with two road construction contractors by the names - Tilly Gyado Nig Ltd and Mould Nig Ltd – whom the Honorable Minister fraudulently awarded over N14billion in road contracts.
“The Ministry read that Messrs Tilly Gyado & Co. Nig. Ltd did not provide completion period in his bids as indicated in the 'Bid Return Sheet'. They however submitted a letter to the Ministry indicating a period of 24months which was forwarded to your office. In addition, the company clearly stated that it was an oversight for not stating the period of completion in their bid document during the opening of the tenders and followed it with a formal letter the following day. The Ministry agrees with the contractor that 24months is adequate to complete the project. The Ministry is of the view that based on the company's previous performance with the Ministry, Messrs Tilly Gyado & Co. Nig. Ltd is competent to execute the project. The Ministry therefore, requests the Bureau to reconsider and issue certificate of 'No Objection' in favor of Messrs Tilly Gyado & Co. Nig. Ltd in the sum of N2,990,930,250.00 with completion period of 20months.” – stated Dr. Hassan Mohammad Lawal, the Honorable Minister of the Federal Ministry of Works, Housing & Urban Development [FMH&UD] - in an October 6th 2009 letter to the Director General of the Bureau of Public Procurement, Engr. Emeka M. Ezeh referenced FMH&UD/WX.43685/Vol.1/180 [see letter: page 1; page 2; page 3] – in response to objections raised by the Bureau of Public Procurement [BPP] in an October 5th 2009 letter referenced BPP/S.19/Vol.IX/447 – where the Director General of the BPP told the Honorable Minister “Accordingly, you are advised to suspend further action on the project”.
Earlier in 2009, the Federal Executive Council [FEC] approved the rehabilitation of the Wukari-Takum road – which lies in a section of Takum-Wukari-Ibi-Sarkin Kudu – Plateau State border road route 470 in Taraba State. The road is the only link to Takum, Kurmi Local Government and the State capital Jalingo and is 78km long. To this end, the FMH&UD pre-selected eleven companies to bid on the road construction contract on August 12th 2009.
On August 21st 2009 the bid documents were publicly opened in the conference room of the FMH&UD where the entire company representatives were present. The opening of the Tenders schedule form of Lot 36, with reference number W.95342/DPP/OT2009 was signed by the 11 companies represented and endorsed by the representatives of the FMH&UD in the persons of Mr. C. P. Enwonwu and Mr. A. S. Sifawa [see Tender Schedule].
Following the opening of the Tenders schedule, it was determined that six of the eleven bidders were found “non responsive” according to the Public Procurement Act 2007, and were supposedly disqualified as a result.
No
Bidder
Quotation
Completion period
1
H&M Ltd
3,388,748,979
10months
2
Rick Rock Ltd
3,211,761,168
18months
3
Moulds Ltd
2,999,543,053.89
20months
4
CGGC Global
3,595,272,103.50
-
5
Tilley Gyado
2,990,930,250
-
6
Rock Bridge
4,215,784,650
24months
7
Koncept Proof
2,966,167,050
12months
8
State Co Ltd
3,223,847,550
18months
9
Philko Ltd
2,798,414,850
20months
10
D. A. Ltd
2,748,540,795
30months
11
Horizon Ltd
2,500,837,185
15months
12
Engineer's Estimate
3,391,836,525
CGGC Global Projects Nig. Ltd and Tilley Gyado Nig. Ltd were found non responsive on the grounds of not completing the contract completion time. Horizon Construction company Ltd and D. A. construction Ltd were disqualified because of low bids. Philko Ltd and Moulds Nig. Ltd were supposedly disqualified because of ongoing commitments with the Ministry.
However, through the Honorable Minister's direction, the Public Procurement Act 2007 was overruled and Tilley Gyado Nig. Ltd was recommended for the contract award. The recommendation was forwarded to the BPP to review and issue a due process review report. The BPP issued the due process review report on September 2009 under the reference number BPP/DPR/NOE/SDU/REPORT/2009/194. The report instructed the Ministry to drop the choice of Tilley Gyado Nig Ltd for the next most responsive bidder. In the words of the BPP, “Tilley Gyado was the 4th lowest bid. Other lower tenders were non responsive due to either low rates or ongoing commitments with the Ministry [D. A. Construction Ltd and Philko Ltd]. However, Messrs, Tilley Gyado and Co Nig. Ltd did not submit a completion period with their Tender. This is a major deviation as time is of essence [clause 31(7)ii, part VI ; procurement methods – goods and services - of the 2007 public procurement act.] The Ministry provided evidence of a letter dated August 13, 2009 by the contractor indicating that their inability to include the completion was an oversight and affirming a completion period of 24months. The Ministry should note clauses 31(3)b&c and recommend the next most responsive bidder.” [see due process review report]
The Honorable Minister did not relent in his determination. Through back room elbowing of the BPP, he managed to buckle the BPP who then released a confidential letter [see letter] under the reference BPP/S.19/Vol.VII/564 and dated October 12th 2009 to the Honorable Minister agreeing to issue a certificate of “no objection” to Tilley Gyado Ltd. The recommendation was then prepared to be submitted to the seating of the FEC of November 25th 2009.
Before the November 25th 2009 submission to FEC, the people of Taraba via the Ukwe Royal Palace in Takum, Taraba State along with the three Senators representing Taraba State in the upper house began petition the BPP over what they termed “fraudulent recommendation”. Their petition, through the assistance of the Senate President, David Mark was able to halt the Honorable Minister from tabling the recommendation of the BPP to the FEC. But it did not end there.
In a move considered mischievous and or criminal, the Honorable Minister dropped the name of Tilley Gyado Ltd and replaced it with Moulds Nig. Ltd. On November 25th 2009, the Federal Ministry of Works, Housing and Urban Development forwarded its recommendation to the FEC for the approval to award the said rehabilitation road contract to Mould Nig. Ltd in the sum N2,999,453,053.89 – of which the FEC gave approval.
Not baring that Mould Nig Ltd and Philko Nig. Ltd were supposedly qualified at the bid opening on August 21st 2009 on the ground of existing commitment with the Ministry, three more contracts [consisting of – Otukpa-Anyangba – Ajaokuta-Okene road for N4,109,781,014.25; Ningi Yadagungume-Fuskar Mata road, Bauchi State for N2,251,128,725.77; Wukari-Takum road in Taraba State for N2,999,543,053.89] worth N9.36billion were hurriedly awarded on the FEC meeting of November 25th 2009 – in addition to another existing contract for N4,708,622,784.89 which was already awarded in July 2009.
With President Yar'Adua's absence, the Honorable Minister pushed and signed away the sum of N14billion in fraudulent road contracts to friends and associate.