KEHINDE AKINTOLA, Abuja
An Abuja based Lawyer, Adewole Adebayo has applauded Federal Government over the recent review of the Combined Expatriate Residence Permits and Alien Cards (CERPAC) fee, aimed at ensuring security of expatriates working across Nigeria.
The contract for the production of CERPAC infrastructure wholly financed by Continental Transfert Technique Limited (CTTL) under a Public Private Partnership (PPP) as well as maintenance and upgrade of the CERPAC centres across the 36 states of the Federation and Federal Capital Territory (FCT) was approved by Federal Executive Council (FEC).
Adebayo disclosed this at a press briefing held in Abuja, in response to a petition titled: ‘Criminal diversion of public funds and wrong enrichment of a foreign consultant by Ministry of Interior through extortion of foreigners resident in Nigeria in gross violation of the CBN Act, Presidential Executive Order No. 5 of 2018 and Federal Government’s Treasury Single Account policy’, dated 29th January, 2019 and sent to Zainab Ahmed, Minister of Finance by a Lagos based lawyer, Femi Falana.
Adebayo who described the 13 allegations contained in the petition as ‘wishful thinking founded on knowingly allegations and no ground backed by law,’ argued that the recently review CERPAC fee from $1,000 to $2,000 was below average among other countries across the world.
According to him, the company which constructed 8 facilities in 2015, has commenced the construction were of additional infrastructure in all the 36 states and FCT with the view to cater for the needs of expatriates who have spread to all the states of the federation.
“This is yet another completely in gruntled and reckless falsehood made without regard to the duty to be serious-minded in official communication.
“This is a case of Mr. Falana SAN, a lawyer lying to the government in order to lie against the government. Even though comparing fees is not a proper yardstick in interior or homeland residency as these are not reciprocal, the truth is that Nigeria is below average in charges. Dozens of countries charge far more, for example, Antigua and Barbados: $100,000; Andora: Euro24,000; Australia: $6,865; Saudi Arabia: $2,132; Brazil: $2,000; Cuba: $5,000; Egypt: $100,000; United Arab Emirates: $2,000; Tanzania: $2,000; Thailand: $6,027; United Kingdom: $2,561; Panama: $2,000 and Portugal: $5,982, etc,” he noted.
On the upward review of the fee, Adebayo, said how can a lawful fee charged by a legitimate government to offset a tiny portion of the huge costs of interior administration, processing and security of foreigners who are permitted and working in the economy, while millions of Nigerians remained unemployed be termed extortion by a Senior Advocate of Nigeria, who has sworn to an oath of allegiance to Nigeria?”
While frowning at Falana’s allegation over alleged ‘criminal diversion of public funds’, Adebayo who dismissed the petition units entirety, maintained that: Not only is there no single diversion of funds, the possibility is too remote to be rationally considered. Not only is there no foreigner involved in the running of the CERPAC project, there has been and there is no single consultant involved in the project since it started in 1999.
“There is no violation of the Central Bank Act or Presidential Executive Order or FGN policy on TSA, as will be shown below. No private company including our client (CONTEC) is authorized under the CERPAC contract to collect any fee or money on behalf of Government. Collection of revenue is not one of the functions of our client under the CERPAC agreement,” Adebayo stressed.
He explained that the production of the CERPAC was consummated between Federal Government and an indigenous company (CTTL), incorporated with Corporate Affairs Commission (CAC) since 1984, under the Public Private Partnership (PPP) in 1999.
He explained that the contract has “gone through Kolade Panel of 2000 which cancelled many contracts signed under the last Federal Military Government but approved and recommended the CERPAC agreement.
“Since its implementation began, the CERPAC contract has survived dozens of Senate and House of Representatives hearing, investigations by Economic ad Financial Crimes Commission (EFCC), arbitration in London (2008), High Court of London judgement (2008), United States District Court, Washington DC judgement (2010), Federal High Court judgement (2010), United States Court of Appeals Washington DC judgement (2015), all validating the CERPAC agreement.
“I have appeared before the National Assembly 17 times over this contract,” adding that the current Minister of Interior is only implementing the provisions of the court rulings.
On the alleged extortion of foreigners resident in Nigeria, he said: “Ironically, the only proven extortion is Mr. Falana and his ilk who obtain money from the foreigners on the false promise of using their name, image and public profile to influence government policy to their advantage of their foreigner clients to the detriment of national security of the country by sheer blackmail and maligning of the good names of patriotic public officials..
“How can a lawful fee charged by a legitimate government of a sovereign and independent national to offset a tiny portion of the huge costs of interior administration, processing and security of foreigners who have been graciously permitted to reside in and participate in the economy of the country to trade and take up gainful employment whilst millions of own employable citizens remain unemployed, be termed an ‘extortion’ by a person who happens to be a senior lawyer who has sworn an oath of allegiance to Nigeria? The legal profession to which Mr. Falana SBD the undersigned belong is privileged to be protected by federal laws which prohibit foreign lawyers from being allowed to come into Nigeria to practice and compete against Nigerian lawyers. Now, to regulate foreigners in order to preserve some opportunities for other Nigerians is now being opposed by a privileged Mr. Falana,” he queried.
Adebayo maintained that, since the project started in 1999, no foreign consultant was hired by CONTEC to collect money from Nigerians or foreigners as alleged by Falana, hence challenged him to a public debate to substantiate the 13 allegations.
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