•Deate Ventures awarded contract in 2008 for N140m
•Hotel De Harmony got same contract for N50m in 2011
•Another contractor illegitimately acquired my project— Asupa Forteta
•My contract followed due process—Ogobene
•Road project abandoned, residents cry out

By Perez Brisibe

UGHELLI — CONTROVERSY  has erupted over the award of  the same road and drainage contract by the Delta State Oil Producing Area Development Commission, DESOPADEC, Warri, Delta State, to two separate contractors in 2008 and 2011 respectively at Orogun community, Ughelli North Local Government Area of the state.

Findings by Niger Delta Voice revealed that the project, construction of a road and drainage for Umukoro Street, Orogun community by the commission without appropriate checks on the status of the project.  According to documents made available to Niger Delta Voice, the Commission on December 22, 2008, awarded the contract to Deate Ventures for  the sum of N140 million,    while the same contract was awarded to Hotel De Harmony Nig., Ltd. on January 25,    2011 at N50 million and quantified for N80 million.

The letter of award to Deate Ventures was signed by the then Secretary of the Commission, Chief A. K. Osawota and the corresponding award letter for Hotel De Harmony was signed by the Secretary of the Commission Tender Board, Engr. Akwenuke Moses, January 25, 2011. Confirming the authenticity of the letter of the same contract to another contractor in 2011 with his signature, Akwenuke told Niger Delta Voice, that neither he nor the commission was aware that that the same job was awarded in 2008, hence the award of the project to Hotel De Harmony in 2011.

Due process followed—DESOPADEC

Commenting on the allegation that due process was not followed, he said, “Due process was followed in the award of that job. It was advertised for tender and people tendered for the job. The contractor (Hotel De Harmony) was awarded the job in 2011 and the man went to site.” “While the contractor mobilized to site, one Mr. Asupa Forteta, current Delta State Commissioner for Youths, emerged with claims that a former secretary on the commission’s board, Chief Andy Osawot, awarded the same job to him in 2008.

“In amicably resolving the melee that ensued, the matter was brought before the then secretary of the DESOPADEC Interim Committee, Mr. Patrick Origho. I cannot tell if and how the matter was resolved then.

Definite time frame

However, there is a law in the commission that specifies that as a contractor, if a job is given to you and you do not mobilize to site during a definite time frame, the contract would be cancelled. “Besides, as at that time the contract was awarded, the Interim Management Board, IMB,    of the commission also resolved that all contracts that were awarded as at then, cannot be carried over; hence all of such contracts are voided,” he said.

Though Mr. Akwenuke hinted that Mr. Forteta is the brain behind Deate Ventures, findings from the Corporate Affairs Commission, CAC, as well as the income tax clearance certificate of the company, shows one Dennis Okei of Sector C 201/2 DSC Township as the managing director of the company.

My contract fraudulently acquired by another contractor—Forteta

Contacted, Mr. Asupa Forteta, who obviously got the contract before he was recently appointed as commissioner, queried this reporter over his rationale for the report, saying, “Are you the one they sent to come and pull down my glory? Your interest in this matter is your bias intention, if you are a journalist, go and look for better things to write on and stop blackmailing people.”

Reiterating how he was awarded the contract, he said: “That man (Hotel De Harmony) went to fraudulently acquire an ongoing job already awarded to someone else.”

“The commission awarded that job to me in 2008, another man went about claiming that the job was awarded to him and the man came to me begging that I should give him money, else he would stop me from working and I asked him, how can you deprive me from working? I am from Delta State and can work anywhere,” he asserted.

We entered an MoU – Chief Ogobene 

Managing director of Harmony De Harmony Nig. Ltd., Chief Emmanuel Ogobene, who explained that the contract was duly awarded to him, said he was stopped from embarking on the contract when he was mobilized to site by Mr. Forteta. He said Forteta stormed the site with claims that he too was awarded the same contract at almost 300 per cent higher than his contract sum in 2008.

“To resolve the matter, I and Deate Ventures represented by Mr. Asupa Forteta, entered into an agreement witnessed by one Paul Okogu for both parties, where it was agreed that we would execute the contract together and share the profit based on a 50-50 percentage ratio.” The Memorandum of Understanding for the agreement dated August 28th, 2012 and signed by both Chief Ogobene and Mr. Forteta states that the contract shall be executed under the name of Deate Ventures.

The parties agreed to forward the MoU, which was registered at the High Court of Justice, Ughelli, to the DESOPADEC chairman, secretary, director of legal service, director of finance, and director infrastructure and waters and commissioner representing the area on the board for their necessary action accordingly.

Breach of MoU

Acknowledging the MoU by both parties, counsel to Forteta, E.K Agbroko, while responding to a September 3 letter, on the breach of the agreement, addressed to the managing director of Hotel De Harmony, said, “In a bid to amicably resolve the impasse that arose over the purported award of the contract to Harmony De Harmony when same has been awarded to our client by DESOPADEC, our client decided to enter an agreement with Harmony De Harmony as represented by Chief Emmanuel Ogobene for a joint sponsorship and execution of the contract.”

Accusing Ogobene of collecting N3 million as counterpart funding for the contract from one Sunny Ajamufua of the commission’s finance department and diverting the said amount, Forteta blamed Ogobene for breaching the MoU,    adding that he was compelled to pay back the said amount. Chief Ogobene, however, accused Forteta of breaching all agreements reached in the MoU.

Ajamufua denies N3m counterpart fund to Ogobene

Contacted, Mr. Ajamufua denied borrowing Ogobene any money saying, “Where would I get such money from? Am I Central Bank of Nigeria, CBN? Though am aware of the MoU both contractors signed. Since I know both parties, we tried to see how we could make peace between both of them, but it is obvious that did not work.”

Residents react

Meanwhile, residents of the Umukoro Street have protested the abandonment of the project with an appeal to the state governor, Dr. Ifeanyi Okowa, to as a matter of urgency, investigate the hullabaloo trailing the project.

In a letter addressed to the chairman of the commission, a group from the community, under the aegis of Orogun Home Base Indigenous Movement, OHBIM, appealed for a proper investigation into the award of the contract. The residents in the letter signed by Oviri Andrew and Omamudu Patrick, threatened to invite the Economic and Financial Crimes Commission, EFCC, to probe the affair and if necessary,  prosecute those involved in the project.

They explained that they were unhappy with the way and manner the project is being handled. An inhabitant, Chief Sunday Efemena, said the only sign of work done on the project was the grading of the road by the contractor in anticipation of commencement of work, pointing out that till date, the people have not seen any trace of the contractor on the project.

According to him, “When we asked why the project was abandoned, we were told at the DESOPADEC office that there are unresolved issues trailing the contract, only for us to later hear that the contract was awarded to two contractors, who are currently fighting over who would handle the job.