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| The controversial NITEL building |
By Prince Osuagwu
Nigeria’s 1st national telecommunications carrier, NITEL, after suffering six botched sales, never seem to cease to attract controversy. From payment problems to its uncountable bid processes, to the viability of the companies bidding and the value of the bid, Nitel has always been a subject of controversial debates.
This time around, the controversy is brewing from a purported buyer of the NECOM house which houses one of its most priced assets, the SAT3. The purported buyer, identified as West African Aluminum Products Plc is allegedly threatening to throw NITEL out of the NECOM building, claiming that it has bought the facility since April, 2009.
African Aluminum was said to have told NITEL that the only bail- out left for it to continue occupying the facility, was to pay rent on the property. The company was alleged to have so far made three attempts to use mobile Police men to forcefully gain access to NECOM House with a view to carrying out threats of removing NITEL's equipment from NECOM House.
However, Freetalk Africa gathered that even though the combination of NITEL's Staff and the Security men attached to the SAT -3 Station resisted the ejection move, the national carrier has also gone to court filing an action against West African Aluminum Products Plc for trespass, as well as also applying for an Interlocutory Injunction to restrain the Company from carrying out further threats against NITEL
It is quite unbelievable that a company like NITEL is going through such a harrowing mess when an organisation like NCC which it contributed about N50 million to its take off grant in 1993, has become a multi-million dollar outfit.
We further gathered that West African Aluminum Products Plc has also filed a counter affidavit in Court wherein they claimed among other things, that Sale of NECOM House was advertised by the Liquidator in the Punch Newspapers of 2nd May, 2007 based on which they bidded and purchased the property from the Liquidator, who assigned the property to them vide a Deed of Assignment dated 3rd April, 2009.
They claimed that although they purchased the whole property comprising of the high rise of 37 floor, 5 old building Annex and Power House, the 5 Storey old building Annex was left for NITEL to occupy due to the sensitive nature of SAT-3, adding that they are willing to allow NITEL to continue use of the building provided NITEL is ready to pay rent on the property.
Information at our disposal says that West African Aluminum Products Plc had slammed a N961 million annual rent for NITEL should it become interested to accept being a tenant in NECOM house.
Meanwhile, NITEL has written to the President of Nigeria, through the governing Board of Nitel, intimating him of the incident and the issues arising from it.
In a copy of the letter, which an impeccable source at the board made available to Vanguard, Chief Executive Officer of NITEL, Hajia Zainab Ilyasu-Sa’ab had raised some suspicions over the hurriedly sale of the NECOM house, pointing out that due process may not have been followed.
Although we gathered that the DG of BPE has set up a management team to investigate the matter, some of the questions raised by Ilyasu-Sa’ab are still begging for answers.
Some of them included that:
*If NECOM House was advertised for sale by the Liquidator on 2nd May, 2007 and completed bid forms were required to be submitted within 30 days from the date of advertisement, i.e. 1st June, 2007. How did the Company became the preferred bidder and secured the Committee of Inspection’s approval to purchase the property on 16th May, 2007, only 14 days after the advertisement and before the expiration of the 30 days provided in the advert for close of submission of bid?
* Where are the completed bid forms that the Company submitted to the Liquidator for purchase of NECOM House and who are the other Companies that bidded for NECOM House and at what prices?
* Where is the minutes of Meeting of the Committee of Inspection that allegedly met on 16th May, 2007 and approved Sale of NECOM House to West African Aluminum Plc as claimed in paragraph 6 of recital of the Deed of Assignment between the Liquidator and West African Aluminum Products Plc?
* Under the condition of bidding, contained in the advertisement, winners of bids, (that are non resident Tenants), are required to make payment in full plus 5% transaction cost within 30 days. When did West African Aluminum Products Plc make payment for purchase of NECOM House?
* Is it by coincidence or by design that the sale of NECOM House to the Company was said to be approved by the Committee on Inspections on 16th May 2007, the same date that Mr President gave approval for retention of NECOM House as a Core asset of NITEL?
* If the Committee of Inspections had approved the Sale of NECOM House to Messrs West Africa Pic, since 16th May, 2007, how cOmes that the same Committee constituted a subCommittee under Mr Williams to verify whether NECOM House was a core or non core asset in October, 2007. (Five (5) months after the purported sale?
* If the sale was approved by the Committee of inspections on 16/5/2007 as claimed, why was the Deed of assignment not executed until April 2009?
* BPE, vide its memo dated August 8, 2006 had sought Mr President's approval to stop the process of transfer of NECOM House to the Pension Fund. What steps did BPE take when the Liquidator advertised NECOM House for sale in Punch newspapers of 2nd May, 2007 and Daily Trust Newspapers of April 30, 2007?
* Mr Presidents approval that NECOM House be retained in the schedule of NITEL's core operational assets dated 16th May, 2007, was delivered to BPE on May 31,2007. What steps was taken by BPE to either inform the Liquidator or to stop the transfer of NECOM House by the Liquidator?
* If the money was paid to BPE, what was BPE's reaction when the monef~as paid, since it was aware that the President had approved stoppage of transfer of NECOM House and its retention by NITEL.
* What prompted the former DG BPE to write a letter to the EFCC dated June 29, 2009 in respect of investigative activities of NECOM House, Lagos wherein he affirmed that NECOM House is a core asset of NITEL.
* Why did the process of sale of NECOM House by the Liquidator appeared to be enveloped in secrecy? NITEL was never informed of the purported sale of NECOM House.
* Did the Liquidator inform BPE of the sale of NECOM House and what was BPE's response (If any)?
* West African Plc admitted that the old five (5) storey building was left for N ITEL to occupy having regards to the sensitive nature of SAT-3. This is a tacit admission that NECOM House is NITEL's core asset. Why was Liquidator desperate to sell and the company desperate to buy NECOM House?
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