Law & Human Rights

September 24, 2015

Civil Society Network Against Corruption got it wrong

Civil Society Network Against Corruption got it wrong

Kachikwu

By Chuks Okereke

WHEN President Muhammadu Buhari assumed office on May 29, he left no one in doubt on his commitment to combat corruption in all its facets. Indeed, one of the mantra of change with which his All Progressive Congress, APC, rode to power was the quest to fight graft headlong. In the build-up to the April Presidential Poll, Buhari said Corruption will kill Nigeria if Nigeria does not kill corruption.

Kachikwu

Kachikwu

It was therefore not unexpected that most of the civil society groups operating in the country have suddenly put on the garb of anti-corruption crusader and made it a sing-song, even when the primary objective is sometime self-serving, if not questionable. This seems to be the case with a group that styles itself Civil Society Network Against Corruption, CSNAC, on recent appointments at the Nigerian National Petroleum Corporation NNPC.

CSNAC, which described itself as a coalition of over 150 anti-corruption organizations, in a letter to the President, which was published on-line, asked him [Buhari] to nullify the appointment of Dr. Babatunde Adeniran as an executive director of NNPC, on the ground of conflict of interest.

Conflictof interest

The said appointment was among the sweeping changes carried out by the corporations new Group Managing Director, Dr. Ibe Kachikwu. CSNAC said its primary aim is to “ constructively combat corruption vigorously and to ensure the effective monitoring of the various Anti-graft agencies in the fight against corruption and contribute towards the enthronement of transparency, accountability, probity and total commitment in the fight to eradicate corruption in Nigeria.”

The group stated that Adeniran who was appointed executive director commercial and investment, ought to have declined the position. The first question to ask is: why should anyone decline to serve his country in a capacity where he is eminently qualified to render a service?

CSNAC noted that the Senior Technical Adviser on Oil and Gas Commercial of Total E & P Nigeria Ltd, Adeniran, for over 22 years has fundamental disagreements with NNPC over the interpretation of the AK1 Carry agreement. The dispute which arose over the agreement is currently pending before a panel of arbitrators. Adeniran had recently given damning evidence against NNPC  before the Arbitrators.

It further added that, “by giving evidence in favour of Total E & P Nigeria Ltd, which is at variance with  the interest of NNPC, Adeniran has placed himself in a position whereby his official position is in serious conflict with his private interest as a former employee of the opponent of NNPC in a pending litigation.”

Notwithstanding the fact that Adeniran actually worked with Total for over two decades and represented the company in his official capacity at any level while in the employment, how does that conflict with his present position at NNPC? One would have expected CSNAS to quote an extant law that prohibits any Nigerian from taking an appointment with a public corporation if such a person had earlier worked with another organisation in the industry in a private capacity.

Since Adeniran has ceased to be a Total employee, how would the evidence he gave against NNPC before the arbitration panel affect his current position? Or is CSNAC already privy to the outcome of a pending arbitration? To say the least, it is totally unimaginable and morally reprehensible to insinuate that Adeniran would compromise his position to ensure that NNPC loses at the arbitration.

Ethicalpractices

After all, there are standard ethical practices governing such a sensitive public office and a breach of it will surely bear serious punitive consequences.

In asking the President to void the appointment, the CSNAC quoted   “Paragraph 1 of the Code of Conduct for Public Officers in Part 1 of the Fifth Schedule to the Constitution of the Federal Republic of Nigeria which provides   that a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.”

The above provision of constitution which CSNAC relies on to demand Adeniran’s removal would have been applicable if he is still an official of Total. Beyond all these, there is a pertinent question which CSNAC needs to provide answer:   As an employee of Total, did any one expect Adeniran to do the bidding of another organization other than that of his employer?