Femi Falana, human rights lawyer and Senior Advocate of Nigeria
(SAN), has accused the Nigerian Communications Commission (NCC) of
deliberately refusing to issue the contract award letter to enable the
successful consultant to deploy the software and save Nigeria from
further loss of huge revenue”.
Falana, in a letter addressed to Professor Umar Garba Danbatta,
Executive Vice Chairman and Chief Executive Officer of the NCC, dated
December 18, 2018, said the refusal of NCC to issue the contract award
letter is causing the nation to lose revenue of over N600billion per
annum.
The lawyer therefore issued a two-week ultimatum to the Nigerian
Communications Commission (NCC) to release the contract award letter to
facilitate the collection of NCC’s 2.5 per cent annual operating levy
and other government taxes from the Nigerian telecommunication industry.
The letter read: “We have confirmed that the Nigerian Communication
Commission under your management has since concluded the procurement
process for the deployment of the revenue assurance solution that will
aid the government to block the leakages associated with the revenue
collection and ensure that the revenue of over N600 billion that ought
to accrue to the government from the Nigerian Telecommunication Industry
is monitored, analyzed and collected automatically and deposited in the
Treasury Single Account (TSA).
“We are however surprised to note that several months after the
issuance of the Concurrence/Guidance on the award of the contract to the
successful consultant by the Federal Ministry of Finance, your
Commission has deliberately refused to issue the contract award letter
to enable the successful consultant to deploy the software and save
Nigeria from further loss of huge revenue.
“As you are no doubt aware, the Federal Government has announced its
plan to diversify the economy by generating revenue from the non-oil
sector. It is our belief that the speedy deployment of the revenue
assurance solution will greatly increase the country’s non-oil revenue
and reduce her dependence on loans from China, Western Countries and
International Financial Institutions to fund the annual budget and the
infrastructural development of the country.
“In the circumstance, we are compelled to request you to use your
good offices to ensure the immediate release of the contract award
letter to the successful consultant for the deployment of revenue
assurance solution to facilitate the collection of the Nigerian
Communication Commission’s 2.5 % annual operating levy and other
government taxes from the Nigerian telecommunication industry.
“Take notice that if you fail or refuse to accede to our request
within two weeks of the receipt of this letter we shall be left with no
other alternative than to apply to the Federal High Court for an order
of mandamus to compel the Nigerian Communications Communication to issue
the contract award letter to the successful bidder in line with the
provisions of the Procurement Act.
“Having regard to the facts and circumstances of this matter it is
hoped that you will not allow us to resort to litigation which will lead
to dire consequences for the Management of the Nigerian Communication
Commission for causing the nation to lose the revenue of over N600
billion per annum.”