Ngozi Okonjo-Iweala
On Monday, the Global Alliance for
Vaccines and Immunization announced that Nigeria’s former Minister of
Finance, Ngozi Okonjo-Iweala, has been appointed Chair of its 28-member
Board.
Ms. Okonjo-Iweala will be succeeding
Dagfinn Høybråten as Chair of the US$12 billion multilateral
international public private partnership committed to saving the lives
of children and protecting people’s health by improving access to
immunization in developing countries, including Nigeria.
The former minister’s appointment came
months after she spearheaded a controversial decision to pay US$2.2
million to the Geneva-based organization, being a refund for funds
allegedly mismanaged by Nigerian health officials.
The refund was made despite protests by officials of the health ministry that all GAVI grants had been judiciously used.
Hours after her appointment was
announced, online whistle blowing site, Sahara Reporters tweeted that
Ms. Okonjo-Iweala got the position from an organization with whom
Nigeria did business under her watch and “paid GAVI $2.2m shortly before
she left”.
But in a swift response, Paul Nwabuikwu, Ms. Okonjo-Iweala’s media aide described the tweet as “lies.”
“GAVI was paid back according to MOU because grant was misused. NOI (Ngozi Okonjo-Iweala) handed case to EFCC before she left.”
However, several documents reviewed by
PREMIUM TIMES showed that despite a robust defence on how the GAVI funds
was spent, Ms. Okonjo-Iweala indeed went ahead to authorize the refund.
Allegations of graft
Last year, GAVI alleged that Nigerian
officials mismanaged cash grants allocated to the country through the
Federal Ministry of Health and the National Primary Health Care
Development Agency between 2011 and 2013.
But the Nigerian health officials fought
back, accusing GAVI of manipulating events to suit their narrative and
deliberately turning a blind eye to its explanations on how the funds
were spent before publishing their final audit report.
Civil society organisations who had
undertaken independent investigations into the allegations, after they
were made public last year, say their efforts to reconcile their
findings with GAVI’s audit report met a brick wall from the
organization.
A PREMIUM TIMES e-mail to GAVI, since
May 26, seeking explanations for their alleged refusal to entertain
explanations from Nigerian officials or organisations over the report
remains unacknowledged and unreplied.
Between 2002 and 2014, the Nigerian
government, through the Federal Ministry of Health and the National
Primary Health Care Development Agency, received vaccine and cash-based
support from GAVI Alliance to the tune of over US$100 million.
While US$165 million was disbursed for
vaccines, US$143.5 million was for cash support through a number of
mechanisms, including Health Systems Strengthening, Immunization System
Support, operations costs for vaccine campaigns (Measles, Meningitis,
and Yellow Fever), and Vaccine Introduction Grants.
Previous audits by GAVI had raised concerns about how Nigerian officials utilize disbursed funds.
For instance, a four-year audit between
2008 and 2011 revealed about US$300,000 unsubstantiated expenditures
relating to the Immunization System Support programmes from 2009 to
2011.
In October 2014, GAVI released its
findings from a Cash Programme Audit, CPA, of US$29 million it disbursed
to Nigeria between 2011 and 2013.
The CPA findings claimed that funds –
running into millions of dollars – meant for the procurement of vaccines
and other immunization support activities in the period under review
were mismanaged.
Of the total expenditure (US$29 million)
stated in the period under review, 32 percent (US$9 million) was
examined in the audit of which 87 percent (US$8.1 million) was found to
be questionable.
The remaining US$20 million reported
expenditure for the period could not be verified, according to GAVI,
because of a number of limitations that included outstanding returns
from states and poor security levels in some states which could not be
visited.
“The report describes systemic
weaknesses regarding the operation of controls and procedures in
national systems used to manage Gavi cash-based support,” GAVI said in a
statement following the report.
“As a result of specific findings the
Government of Nigeria has agreed to repay funds deemed to have been
misused, which are quantified as US$2.2 million.”
According to the report, 40 percent of
the total expenditure of US$29 million (about N4.5 billion) within the
two year period was spent on procurement.
GAVI further stated that based on its
preliminary findings, cash-based support to Nigeria was suspended in
April 2014 and funds previously disbursed but not yet used were
immediately frozen.
The audit stated that there were
fundamental weaknesses in the area of procurement which included
collusion between government officials and contractors.
In certain instances, it stated, assets –
such as incinerators, boreholes, and medical equipment – which had been
delivered and full payments made were found to be non-functional.
The audit further established that
several suppliers shared the same addresses and telephone numbers and
that documents of different suppliers were signed by the same people.
“However, these related suppliers
submitted separate quotations/bids in order to create the appearance of
competition,” the report stated.
“Multiple companies registered to one
individual are used to increase the chances of obtaining contracts at
inflated prices – this was observed for procurement relating to
printing, motor vehicles and incinerators. Some of the suppliers could
not be located at the addresses provided to the NPHCDA.
“The audit noted inflated costs of
assets/goods. An example is the purchase of motor vehicles where third
parties purchased Toyota cars from a licensed Toyota dealer and sold the
same cars to NPHCDA at double the price.”
In the area of tax payments on goods and
services, the audit stated that it could not verify whether payments
were correctly made to the relevant tax authorities. But it found out
that from a sample of 184 companies with which NPHCDA transacted, the
registration of 97 of them with FIRS (Federal Inland Revenue Service)
could not be confirmed.
“In addition, NPHCDA records indicated
that they had made VAT (Value Added Tax) and WHT (Withholding Tax)
payments of approximately US$950,000 to FIRS in the period 2011 and
2013; independent validation of amounts received by FIRS indicates that
only approximately US$70,000 is recognized as being received by them
from NPHCDA,” the audit said.
“Specific accounts are not maintained in the accounting system for VAT and WHT to record and monitor the taxes paid.
“NPHCDA did not provide a statement or
receipts from FIRS confirming how much has been paid to the tax
authorities and if indeed the payments were received by FIRS – it was
not clear how payments to FIRS for VAT and WHT could be made on behalf
of companies whose existence was questionable.”
The report called for the suspension of disbursements to NPHCDA until it put in place a prudent management of GAVI funds.
It also sought for a reimbursement of
US$2.2 million from the Nigerian government being the amount it claimed
Nigerian officials mismanaged.
The report also requested the Economic
and Financial Crimes Commission to carry out a detailed investigation of
the GAVI grants disbursed to Nigeria.
Before the completion of the GAVI audit,
a Joint Letter of Understanding had been signed by Nigeria’s former
Health Minister, Onyebuchi Chukwu, and GAVI’s Chief Executive Officer,
Seth Berkley.
In the letter, Dr. Chukwu admitted that there had been systemic weaknesses which may have led to inappropriate use of funds.
Dr. Chukwu also agreed that the Nigerian
government “agrees on principle” to reimburse GAVI for any amounts
identified as inappropriately used for the period under review.
At the time of the release of the GAVI
report, the Civil Society Network Against Corruption, CSNAC, filed a
petition to the EFCC demanding the investigation of Dr. Chukwu over the
alleged mismanagement of the GAVI funds.
In a letter dated November 19, 2014,
CSNAC stated that the alleged misused funds should not be refunded from
Nigeria’s coffers, but rather from the individuals involved in the
misappropriation.
Nigerian officials’ fury
When GAVI released its final report in
late October 2014, it sparked anger among Nigerian health officials who
accused the organization of unilaterally arriving at conclusions without
giving them a chance for a reconciliatory exercise.
While noting the shortcomings and
recommendations from the CPA, Nigeria’s implementing agencies insisted
that the sum of US$233,000 remained unaccounted for as at June 30, 2014,
and not the US$8.2 million claimed by GAVI in its May report or the
US$2.2 million in the published report.
An angry Dr. Chukwu said his ministry’s
zero tolerance for corruption was the reason he signed the joint
agreement with GAVI, which committed both sides to transparency and
integrity in transactions.
“That was also why in principle he
signed the joint statement,” Dan Nwomeh, who was Special Assistant to
the former minister at the time, said one month after the final audit
report was released.
“That if at the end of the review of the
audit including the responses of Nigeria and there are areas where
funds may not have been spent in accordance with the Memorandum of
Understanding with GAVI, those funds would be refunded by Nigeria (that
is, the NPHCDA).
“In fact, at the time the joint
statement was signed, GAVI never informed the former minister that they
had about 2 million dollars they were still querying.”
In addition to its petition to the EFCC,
CSNAC had also followed up with a similar letter to the Nigerian
government demanding explanations over the conduct of its officials in
what it described as an “international embarrassment”.
In its response to CSNAC, the Nigerian
government stated that it “strongly objected” to GAVI’s final report and
accused the donor of “unilateral conclusion and publication”.
“The Federal Ministry of Health (FMOH)
and the National Primary Healthcare Development Agency (NPHCDA) stands
by its earlier response to the initial CPA Report issued by GAVI in May
2014,” the Nigerian government stated.
“The FMOH and NPHCDA strongly objected
to GAVI’s final report which it released and published without carrying
out a post audit reconciliation exercise (a standard audit practice);
and without incorporating the Government of Nigeria response to the CPA
as agreed withGAVI.”
According to the government, a
significant downward revision of the ‘unaccounted sum’ of US$8.2 million
in the audit’s initial report (in May) to US$2.2 million in the final
report raised questions on the basis of the reduction without a
reconciliatory process.
The government said that it became
obvious from the GAVI report that any document not placed before the CPA
Team was deemed ‘non-existent’.
It also said the CPA Team did not make
any specific request for additional information and refused to engage
senior management to seek clarifications on specific issues.
“In the CPA report, it was noted that
there was no evidence for the transfer of N44.5 million to UNICEF,
whereas no senior management staff in the Finance and Accounts
Department was contacted for this document. UNICEF has since confirmed
(in writing) receipt of the said funds,” the government said.
“The CPA Team performed field visits
without informing the Federal Ministry of Health or NPHCDA of the
locations and gave no feedback on return. Government of Nigeria provided
evidence to show that the team in some instances visited wrong
locations and interviewed wrong persons.
“The report claimed that incinerators were not delivered whereas all were delivered at the time of the CPA.
“In its final report, GAVI maintained
that only $70,000 (about N11 million) was remitted to Internal Revenue
body. FIRS has since confirmed in writing that over N237 million was
received by it on the GAVI Alliance funded projects.”
The Nigerian government further stated
that GAVI refused to conduct reconciliatory exercise following its
response to the audit, turned down invitations for joint site visits for
verification, and therefore had no basis to demand for a refund.
The government also stated that it went
ahead to contact the Corporate Affairs Commission, FIRS, UNICEF, EFCC,
and other agencies mentioned in the GAVI report.
“Contrary to GAVI’s allegation of NPHCDA
engaging companies without appropriate registration, the Corporate
Affairs Commission through a letter dated Wednesday, 25th June, 2014, in
response to a request for the verification and confirmation of status
of the companies by the NPHCDA, listed the names of those companies as
duly registered with the Commission,” the Nigerian government said.
“The Federal Inland Revenue controverted
GAVI’s assertion of failure to remit taxes vide a letter dated November
6, 2014, confirming the agency paid due taxes, even beyond GAVI quoted
amount, as at when due.”
The federal government also stated that
the Kaduna State Primary Health Care Agency and Bauchi State Primary
Health Care Development Agency in letters dated 10th October, 2013, and
26th June, 2013, respectively wrote to confirm the receipt of 7,140,278
units of vaccination cards in Kaduna and 1,105,300 units of Non Polio
SIAs Vaccination cards in Bauchi.
These were contrary to claims in the GAVI report that those cards were neither produced nor delivered by the NPHCDA.
The Nigerian government also said that
no petition, oral or written, had been submitted at the EFCC contrary to
claims in the GAVI report that an official report had been lodged.
“Contrary to claims of failure to
disburse fund by GAVI, UNICEF also wrote via its New York office to
confirm receipt of funds from the NPHCDA as reported by the agency.”
GAVI’s silence
Following the responses by the Nigerian
government, CSNAC led other civil society organizations to carry out an
independent investigation into some of the claims made in GAVI’s final
report.
Olanrewaju Suraju, CSNAC’s Chairman,
said his organization solicited, free of charge, the support of civil
society partners domiciled in states where NPHCDA claimed they had
executed its incinerator projects.
“Responses were received from some
committed and reliable networking partners and their officers were
dispatched as field investigators who visited sites to verify the status
of projects, and presented the findings from their sites visits,” said
Mr. Suraju.
“CSNAC received support from CSOs and
individuals who volunteered and assisted with visiting locations of
incinerators constructed by the NPHCDA across the northern states of
Nigeria.”
Civil society investigators visited 13 incinerator sites in seven northern states, including the Federal Capital Territory.
In Kano, for instance, the five sites
visited – in Gwale, Municipal, Dambatta, Bichi, and Wudil – showed all
the incinerators had been completed.
However, the incinerators at Numan in
Adamawa State, and Wukari in Taraba State had not been built, according
to the private investigators.
In November last year, CSNAC opened
communication with GAVI’s Geneva office with a view to compare notes and
share information regarding the report.
“We got no positive response,” Mr. Suraju said.
“We then reached out to GAVI’s American
office via telephone in December and got a promise of an official
response by January 2015.
“On January 8, 2015, CSNAC received a
response from GAVI saying it had no further information to give on the
issue beyond what it published on its website.”
Mr. Suraju said that it was unacceptable
for any foreign organization to hide under Nigeria’s perceived corrupt
status to level corruption charges against its government without
providing verifiable evidence to support their claims.
“We are seriously concerned by GAVI’s
adamant and uncooperative posture in spite of the apparent weight of
evidence provided by the NPHCDA in the Nigerian government’s
comprehensive response with attached documentations, the site
visitations by CSNAC; confirmation of receipt of funds by UNICEF, tax
remittances to FIRS, and authenticity of agencies by the CAC,” said Mr.
Suraju.
“In the extant case, since the
Government of Nigeria has refuted GAVI’s claims and provided documentary
and other evidence which contradict GAVI’s claims, it is therefore
surprising that GAVI has held on to its position as shown by the GAVI
Management’s repeated utterances that ‘there was no significant change
in their position.’
“GAVI needs to respond to charges by the
Government of Nigeria that ‘many of the actions of the CPA team were
not in tandem with expected level of professionalism; and may have been
premeditated on a mindset”.
‘No case of fraud’
In the midst of the dispute between the
NPHCDA and GAVI, the Nigerian government, led by Ms. Okonjo-Iweala still
went ahead to refund the alleged misused funds of US$2.2 million to the
organization.
On August 11, the EFCC responded to
CSNAC’s petition over the alleged mismanagement of the GAVI funds
stating that no prima facie case of fraud, diversion of funds, or other
crimes had been established in relation to the project.
“Our investigation confirmed that the
National Primary Health Care Development Agency (NPHCDA) paid all due
taxes to the Federal Inland Revenue Service. The NPHCDA also paid
required funds to UNICEF in 2012 for meningitis vaccine campaign
(MENAFRIVAC),” the EFCC said in its response signed by Olaolu Adegbite,
on behalf of the Executive Chairman.
“All contracts under the project were
duly executed while the provisions of the Nigerian financial regulations
for the public service were duly followed in the disbursement of duty
tour allowances and other incidental expenses for the staff.”
The anti-graft agency stated that the
findings of GAVI’s initial audit report was based on an unfounded
suspicion of fraud and called for the ongoing reconciliation between the
organisation and the NPHCDA to be concluded.
“We believe that the GAVI report
underscores the effect of negative media coverage of events on our
national reputation,” the EFCC stated.
“It is unfortunate that some reputable
foreign organizations continue to perceive most Nigerians as corrupt and
fraudulent in spite of contrary evidence.”
But despite the EFCC report, GAVI stuck
to its claims. Mrs. Okonjo-Iweala believed the donor agency despite
protests by a government she served.
She brushed aside the concerns and
proceeded to refund $2.2million to the organisation, even without
clearance from the health ministry.
Few months later, GAVI named her the chairperson of its board.
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