Home » How Kano Ministry Breach Procurement Laws, Awards Contract to Lawmaker, Non-existent Companies

How Kano Ministry Breach Procurement Laws, Awards Contract to Lawmaker, Non-existent Companies

Isiyaku Ahmed

Lukman Abdulmalik

In 2018, the Kano Ministry of Works, Housing, and Transport, currently known as the Ministry of Works and Infrastructure, awarded the sum of N3 billion for constituency projects in 44 local government areas to construct Primary School Classrooms, Islamiyya Classrooms, Empowerment Program, and the supply of fertilisers to farmers. 

In the constituency project document of 2018 of the state Ministry of Works, Housing, and Transport, 17 projects at the cost of N76,456,129.59 million was awarded to Kwore Nig Ltd to for various constituency projects including the construction of a block of 2 Islamiyya classroom in Kurna, Madarin Mata, Danlasan, Dantsawa, Marke, and Tamburawa communities and for empowerment programs in Warawa Local Government Area (LGA).

The empowerment projects consisting of the purchases and supplies could not be traced as no location was provided in the document.

The other two projects in the document, one was awarded to M.M. Bello Intergrated Services to construct one block of 2 Islamiyya classrooms at Walawa – Unguwar Rimi Islamiyya in Tofa LGA at the sum N5,975,752.56 million. 

Gwarjo Global Res. Ltd was also awarded one project to construct of one block of Islamiyya at Hayin Gude Kokiya at the sum N8,138,018.44 million.  

In this investigative report Lukman Abdulmalik revealed that of the 17 constituency projects in Warawa LGA only three were implemented, the other three schools’ project were not executed.

Also, no work was done in Tofa, and Shanono LGA, and the Ministry of Works, Housing, and Transport violated the State Public Procurement Law in the wards of the contracts to the contractors. 

On Monday, October 5, 2023, during a random project site verification visit to Walawa – Unguwar Rimi Islamiyya in Tofa LGA, this Stallion Times observed that the project for the construction of one Islamiyya block awarded to M.M. Bello Intergrated Service at a sum of N5,975,752.56 million was not executed.

In a discreet investigation, Stallion Times interviewed Mallam Umar, a teacher who resides and teaches in Walawa-Ungwar Rimi Islamiyya School said: “There was no block of Islamiyya classrooms constructed in our community since 2016.

“A lack of enough Islamiyya classrooms has exposed the pupils to learning in an open environment, the two dilapidated and uninhabitable blocks of four classrooms without roof borrowed from Walawa Primary School are not enough to contain the large number of pupils. 

“Most of these Islamiyya students study under the tree because we have 350 students out of which 185 are boys and 165 are girls.”

Umar explained that a lack of enough Islamiyya classrooms is increasing the number of students’ dropouts in the community.

“About 130 students, most of which are girls have stopped attending school. 

“The open teaching environment is making students to grapple with lizards and snakes, this situation also discouraged most of them from attending the Islamic school.

Not only in the Walawa – Unguwar Rimi community, also the construction of one block of Islamiyya classroom at Hayin Gude Kokiya village in Shanono LGA awarded to Gwarjo Global Res. Ltd. for N8,138,018.44 million was not executed.

The village head of Hayin Gude Kokiya, Shuaibu Musa who spoke to Stallion Times said: “I am not aware of any construction of any Islamiyya block in this community.

Shuaibu Musa, Village head

“Because there are no standard Islamic schools in the village, we usually borrow three blocks of classrooms from the Hayin Gude Kokiya primary school for our children to learn Islamic teachings.

“The lack of standard Islamiyya is seriously affecting the community because we have over 3000 children who should be attending Islamiyya, but I am not sure if 500 of these children are attending Islamiyya.  

“Around 4 p.m., when children are expected to attend Islmaiyya, you will notice the area is crowded with underage children roaming the streets.”

Kano Lawmaker Secures Contract    

Investigation revealed that Kwore Nig Ltd, the contracting company for the Warawa Constituency projects is registered in the name of Honourable Labaran Abdul Madari, a lawmaker representing Warawa Constituency at the State House of Assembly.

To authenticate that the Kano lawmaker representing Warawa constituency is the owner of Kwore Nig Ltd, a full Corpoarate Affairs Commission (CAC) search using the company’s name was conducted. The CAC search portal revealed that the lawmaker is the beneficial owner of the company.  

The lawmaker, Hon. Labaran Abdul Madari representing Warawa constituency from 2007 and 2023. He was Chief Whip of the House between 2015 and 2019 and is still serving as member representing Warawa constituency. 

A project site check to one of Kwore Nig Ltd project in Kurna community in Warawa LGA, revealed that only three of the schools’ projects were executed in Warawa LGA.

The construction of Islamiyya classroom in Kurna awarded at the sum of N5,975,752.56 million was completed in 2018.

The project was engraved: KNSG Constituency Project, M.O.W. & H. 2018, Hon. Labaran Abdul Madari.

Stallion Times visited one of the project sites and spotted an Islamic teacher, Usman Haliru in one of the Islamiyya classrooms in Kurna Community. He offered to speak on the subject matter.

He said: “The constructed classrooms are not enough to contain the students we have because we have over 250 Islamiyya students, and each class can barely contain 30 students.

To remedy the situation, he pointed at some trees and said: “We use the shade of those trees, and compounds of volunteer residents in the community to conduct classes for students.”

He expressed pleasure over the completion of the project in his school: “We are enjoying the classroom, but we still need more blocks of classrooms for the comfort of the pupils.”

At Dantsawa village, the construction of Islamiyya classrooms awarded to the same company at a cost of N5,975,752.56 million was duly executed. 

Also, at Marke Primary School in Marke village, the construction of classrooms without office awarded at the cost of at the cost of N9,813,647.87 million was executed.

The three other schools’ projects remained un-executed in their respective communities. 

During a project site visit to Danlassan Primary and Secondary School in Danlassan community, Warawa LGA, Stallion Times discovered that the project which was awarded at the sum of N5,975,752.56 million for the construction of one block of two classrooms without office was not executed.

Hussaini Kabir Abbullahi, 40, was spotted teaching his students of primary 3 the Holy Quran at Danlassan Primary and Secondary School in one of the old school building.

In an interaction with Mallam Abdullahi, he clarified that the school operates both Western and Islamic type education.

“The western education operates from 8 a.m to 1 p.m while the Islamic session starts from 2 p.m to 5:30 p.m.

“There was no construction of additional block of classrooms in this school.

“If the classrooms were constructed, it would have reduced the over-crowding students in a classroom.

“A classroom could barely contain 30 student, but due to the insufficient classrooms, over 80 students could be found in a classroom.”

Stallion Times also discovered that the last project executed in the school at Danlasan community was in 2017 as a constituency project by Hon. Mustapha Bala Dawaki, a Federal Lawmaker representing Warawa and Dwakin Kudu at the House of Representatives.

At Madari Mata Primary and Secondary School, located in Madarin Mata village, Warawa LGA, the school there has only 2 blocks of 3 classrooms before the construction of a classroom without an office was awarded to Kwore Nig. Ltd. at a cost of N9,813,647.87 million. The project remained un-executed. 

At the time of the visit to the school, it was under lock and key and the community was scanty, as few residents were seen moving around, conducting their businesses. 

This reporter had a chance meeting with Amina Habibu, 36, a resident of Madarin Mata, she revealed why the school was locked.

“Children in this community do not attend school due to the absence of teachers and insufficient classrooms.

“So most of them usually go to farm or hawk items for to earn money for their parents.”

After a series of checks to locate the blocks of classrooms in Madarin Mata, it was discovered that Kwore Nig. Ltd. did not execute the project awarded to it by the Kano State Ministry of Works, Housing, and Transport.

Similarly, the company failed to construct Islamiyya classrooms at Tamburawa Primary and Secondary Schools awarded to it at a cost of N5,975,752.56 million.

However, the award of contract to a serving lawmaker by the State Ministry of Works, Housing, and Transport contravened Sections 57 subsection 9 of the Public Procurement Law, 2007 and Section 31 and 87(2) of KSPPL, 2021 as the contracting company solely belongs to the family of the lawmaker.

The status report of Kwore Nig. Ltd which is INACTIVE was registered in 6 July 2011 as a private company limited by share has Labaran Abdul Madari, Mujidat Labaran, and Zinatu Labaran as Directors. 

And, 98 percent of the constituency projects in Warawa LGA in 2018 was awarded to Kwore Nig Ltd, a clear case of using undue influenced for the award of the contracts. 

Award of contracts in compliance with KSPPL, 2021

All prospective vendors must comply with the eligibility requirements as enshrined in Section 31 (4d) of the (Kano Public Procurement Law, KPPL, 2021 – hyperlink) which stipulates that “the bidder is in arrears regarding payment of due taxes, charges, pensions, or social insurance contributions, unless such bidder has obtained a lawful permit with respect to the allowance or difference of such outstanding payments in instalments.”

How Kano Ministry of Works violates PPL procedures in awarding the contracts

In 2018, the Kano State Ministry of Works and Infrastructure awarded contracts for the

construction of one block of Islamiyya in the Walawa Unguwar Rimi community of Tofa LGA for

a sum of N5,975,752.56 million was awarded to M.M. Bello Intergrated Serv, and

N8,138,018.44 million was awarded to Gwarjo Global Res. Ltd. to construct one block of

Islamiyya at Hayin Gude Kokiya.

The 19 constituency projects were not advertised for the invitation for bid in National Newspapers and the contractor, Kwore Nig. Ltd has arrears of unpaid CAC filling taxes and the company has not tendered document indicating its willingness to make the payments in instalments. This also, is a violation of the KPPL, 2021.

In the same manner, M.M. Bello Intergrated Services and Gwarjo Global Resources Ltd did not meet the requirements for the award of state government contracts.

In the first instance, a search on the Cooperate Affairs Commission (CAC) revealed that both M.M. Bello Intergrated Services and Gwarjo Global Res. Ltd are unregistered procuring entities.

The award of contracts to M.M. Bello Intergrated Services and Gwarjo Global Res. Ltd contravenes Sections 417–424 of the Companies and Allied Matters Act, 2020, which state that “every company must make and deliver their annual returns to the CAC every year”.

The above situations also reflect the violation of Section 31 (4d) of the Kano Public Procurement Law, KPPL, which stipulates that “the bidder is in arrears regarding payment of due taxes, charges, pensions, or social insurance contributions, unless such bidder has obtained a lawful permit with respect to the allowance or difference of such outstanding payments in instalments.”

Therefore, the Kano Ministry of Works has equally violated Sections 45(2) and (3) of KSPPL, which state that the invitation for bids shall be advertised on the notice board of the procuring entity, the State Procurement Journal, and online not less than six (6) weeks before the deadline for submission of the bids for the goods, works, and services. 

Kano Ministry of Works Reject FOI

On 2nd of October 2023, a Freedom of Information request was taken to the Kano State Ministry of Works and Infrastructure by this reporter and was rejected at the open registry.

The FOI specifically requested for 

1. A copy of the advertisements for the contracts published in the 2 national newspapers, 1 recognized international newspaper, and also links to the contract publication?

2. Pictorial evidence of advertised goods, works, and services advertised on the notice board, the state journal, and online publications?

3. Documents of the pre-qualification of the bidders and bidding documents of the procuring entities as contained in Part VI Section 45, 46, 47, and 48 of KPPL?

Implications for Kano State

The 1999 Constitution quotes the right to education as a cardinal fundamental human right. However, according to UNICEF, Kano has over 1.5 million out-of-school children; this is a result of a lack of access to quality education, especially in rural areas.

There are over 1,000 students in these schools whose future is in jeopardy due to the inability of these companies to complete these projects and the lack of proper oversight by the supervising ministries.

Awarding contracts to unverified and lawmaker companies negates the Public Procurement Law, the Kano State Public Procurement Law, and the Companies and Allied Matter Acts.

Apart from violating procurement laws, the award of the contracts may undermine and wipe out gains recorded towards achieving Goal 4 of the Sustainable Development Goals (SDG) of the United Nations.

Goal 4 is to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. According to UNICEF, no fewer than 70 percent of Nigerian children are suffering from learning poverty. 

The ambition to achieve SDG 4 by 2030 for Nigeria is a high one, and the World Bank has estimated that the country needs a 1.7 percent allocation from its gross domestic product to meet the target. Awarding contracts to unknown companies may forfeit the little funding currently committed to achieving these goals.

This publication was supported by the Wole Soyinka Centre for Investigative Journalism (WSCIJ) through Stallion Times under the Collaborative Media Engagement for Development Inclusivity and Accountability Project (CMEDIA) funded by the MacArthur Foundation.

You may also like

Leave a Comment

-
00:00
00:00
Update Required Flash plugin
-
00:00
00:00

Adblock Detected

Please support us by disabling your AdBlocker extension from your browsers for our website.