Ngige’s N2.2bn Fraud Trial: EFCC Witness Says NSITF Contractors Met Procurement Requirements

A prosecution witness in the ongoing N2.2 billion fraud trial of former Minister of Labour and Employment, Chris Ngige, told the Federal Capital Territory High Court in Abuja on Thursday that contractors awarded projects linked to the Nigeria Social Insurance Trust Fund (NSITF) satisfied all procurement requirements before receiving the contracts.

The witness, Orwusoro Maduka, a former Director of Procurement in the Ministry of Labour and Employment between 2019 and 2023, appeared before Justice Maryam Hassan as the fourth prosecution witness in the case brought by the Economic and Financial Crimes Commission (EFCC).

Ngige is facing an eight-count charge bordering on alleged abuse of office, receipt of gratification and preferential treatment in the award of contracts connected to the NSITF. The former minister has denied all allegations.

During cross-examination by Ngige’s counsel, Patrick Ikwueto (SAN), Maduka said the contractors complied with the procurement requirements applicable to federal government contracts.

According to him, the companies submitted the necessary registration and tax documents before bids were evaluated.

“They had their CAC registration, tax clearance certificates and other necessary documents required to contract for the Federal Government of Nigeria,” Maduka told the court.

He added that after the evaluation process, companies with the most competitive bids were recommended for contract awards.

“After evaluating the bids and conducting technical assessments, Olde English Consolidated Limited was recommended because it had the lowest financial bid,” he said.

The former procurement director also testified that members of the Ministerial Tenders Board were not subjected to external pressure during the contract evaluation process.

Responding to questions from the defence, Maduka maintained that decisions were reached through the established procurement procedures.

However, when asked whether the contractors eventually executed the projects awarded to them, he said monitoring contract implementation was outside his responsibilities.

“It was outside my job or purview to follow up on execution,” he said.

A major issue in the trial remains whether former President Muhammadu Buhari authorised the Ministry of Labour and Employment to take over procurement functions from the NSITF. Ngige has consistently argued that his actions were based on a presidential directive issued after investigations into the operations of the agency.

During Thursday’s proceedings, the defence again sought to question the witness about the alleged directive.

However, EFCC lead counsel, Sylvanus Tahir (SAN), objected, arguing that the defence had repeatedly referred to the document without formally tendering it before the court.

Tahir urged the court to compel the defence to produce the document so its authenticity could be examined during the trial.

In response, Ikwueto said efforts to tender the directive had been delayed because the certification process was still ongoing.

Following submissions from both sides, Justice Hassan adjourned the matter until July 2 for continuation of trial.

The alleged presidential approval has emerged as one of the most contested issues in the case.

Earlier testimony by Maduka revealed that while he was aware of communications referencing a presidential directive, he never personally saw the original document.

“There was a presidential order as directed by the minister that the president approved following resolutions of the panel,” he said during previous proceedings.

“No, I never saw the directive physically, although there were correspondences signed by the minister alluding to the directives.”

A previous prosecution witness and former Acting Managing Director of the NSITF, Kelly Nwagha, also told the court that he never saw the full report or directive. According to Nwagha, Ngige briefly showed him part of the document but did not leave it with him.

The EFCC alleges that while serving as Minister of Labour and Employment, Ngige improperly awarded NSITF contracts and received financial benefits from some contractors through an organisation identified as the Dr Chris Nwabueze Ngige Campaign Organisation.

The anti-graft agency also alleges that certain contractors paid gratifications in connection with the contract awards.

Ngige has denied all allegations and maintains that his actions were lawful and carried out under presidential authorisation.

The controversy dates back to 2020 when the Federal Government investigated procurement and financial management practices within the NSITF. Following the probe, recommendations were reportedly made for procurement activities within the agency to be supervised by the Ministry of Labour and Employment for a period.

The EFCC, however, has relied on evidence from the Bureau of Public Procurement (BPP) to argue that the agency retained the legal authority to oversee procurement matters relating to the NSITF.

The trial is expected to continue next week as both the prosecution and defence seek to establish whether the contract awards were conducted within the limits of the law and whether any criminal conduct occurred in the process.