A storm seems to be brewing in Nigeria’s oil sector as the Minister of State for Petroleum, Dr. Emmanuel Ibe Kachikwu has accused the Group Managing Director of the Nigeria National Petroleum Corporation (NNPC), Dr. Maikanti Baru of awarding contracts worth $25 billion without due process.

In a memo he sent to President Muhammadu Buhari on August 30, which has now been leaked to the press, Kachikwu accused the GMD of insubordination and lack of adherence to due process. He said he was being sidelined by Baru in major decisions and appointments.

He stressed that he was disturbed that contracts worth $25 billion could be awarded by Baru without his input and that of the Board and urged President Buhari to call Baru to order in order to enthrone due process and transparency in the oil sector. Kachikwu wrote:

“The legal and procedural requirement is that all contracts above $20 billion would need to be reviewed and approved by the Board of the NNPC. Mr. President, in over one year of Baru’s tenure, no contract has been run through the Board. This is despite my diplomatic encouragement to Dr. Baru to do so to avoid wrongly painting you as a President who does not allow due process to thrive in the NNPC.

“Given the history of malpractices and the public perception of the NNPC as having a history of non-transparency, the NNPC Tenders Board (NTB) cannot be the final clearance authority for contracts it enters into.

“The NTB, which is a collection of level NNPC executives and COOs, with the GMD as Chairman cannot continue to be the final authority for multimillion dollar contracts and transactions involving the exclusion of the Board. Board members have singularly and collectively raised these issues to no avail.

“The following major contracts were never reviewed or discussed with me or the Board of NNPC:

The Crude Term Contracts – valued at over $10bn.

The DSDP Contracts – value over $5bn.

The AKK Pipeline Contract – value approximately $3b.

Various financing allocation funding contracts with the NOCs – value over $3bn.

Various NPDC Production Service Contracts – value at over $3bn –  $4bn.

“There are many more Your Excellency. In most of these activities, the explanation of the GMD is that you are the Minister of Petroleum and your approvals were obtained. However, the current governance should be that the Minister of State and the Board review the transaction and give their concurrence prior to presentation to you.

“As in many cases of things that happen in NNPC these days, I learn of transactions only through publications in the media. The question is why is it that other parastatals which I supervise as the Minister of State or Chairman of their Boards are able to go through these contractual and mandatory governance processes and yet NNPC is exempt from these?

“I know that this bravado management style runs contrary to the cleansing operations you engaged me to carry out at the inception of your administration. This is not in consonance with your own renowned standards of integrity.

Kachikwu further said he was being disrespected by the GMD adding: “I would have wanted to come personally after receiving you at the airport to felicitate with you and discuss matters herein contained, however, I have been unable to secure an appointment to see you despite very many attempts.

“Mr. President, yesterday like many other Nigerians, I resumed work confronted by many publications of massive changes within the NNPC. Like the previous reorganization and reposting done since Dr. Baru resumed as GMD.

“I was never given the opportunity before the announcements to discuss these appointments. This is so despite being Minister of State Petroleum and Chairman NNPC Board.

“The Board of NNPC which you appointed and, which has met every month since its inauguration and, by the statutes of NNPC is meant to review these planned appointments and postings, was never briefed. Members of the Board learnt of these appointments from the pages of social media and the press release of NNPC.

“I only need to add that previous attempts to rush through these appointments through non-governance back door and present same to the Acting President were met with a request that this be discussed with me. This was never done.

“Indeed in anticipation of vacancies that would arise from retiring senior executives of NNPC, I wrote the GMD a letter requesting that we both have prior review of the proposed appointments. This was to enable me present same to the Board.

“I wrote to the GMD given previous happenstance of this nature. In addition, thereafter, I called the GMD to a private meeting where I discussed these issues. Needless to say that, not only did he not give my letter the courtesy of reply, he proceeded to announce the appointments without consultation or Board concurrence.

“Mr. President, please note that there is a Board Services Committee whose function is to review political appointments and terminations of Senior Staff prior to implementation. This committee was also not consulted.

Mr. Kachikwu further presented five requests to President Buhari which he needs to address to prevent the imminent collapse of the oil sector. He added in the memo: “My prayers most humbly and respectively are:

   That we save NNPC and the oil industry from collapse arising from the above non – transparent practices and empower the Board you inaugurated to do the needful.

   That you save the office of the Minister of State from further humiliation and disrespect by compelling all parastatals to submit to oversight regulatory mandate and proper supervision which I am supposed to manage on your behalf.

   You kindly instruct the GMD to effectively leave NNPC to run as a proper institution and report out along due process lines to the Board and that your Excellency instructs that all reviews be done with the Minister of State prior to your decision.

   That to set the right examples, you approve that the recently announced reorganization changes be suspended until the GMD, myself and the Board have made relevant input to same. This will send a clear signal of process and transparency.

   That your Excellency encourages joint presentation meetings between heads of parastatals and the Minister of State to you so as to encourage a culture of working together and implant discipline in the hierarchy.

“These in my view, Mr. President, will provide you balanced analysis on issues and avoid exposing the exalted office of Mr. President to ridicule. It will also reduce non productive and unsubstantiated rumour peddling.”