FALANA ACCUSES NCC ON WHY NIGERIA LOSE N600BN ANNUALLY
Femi Falana, human rights lawyer and Senior
Advocate of Nigeria (SAN), has 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.
He gave the ultimatum in a letter addressed
to Professor Umar Garba Danbatta, Executive Vice Chairman and Chief Executive
Officer of the NCC, dated December 18, 2018.
Falana accused 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".
According to the lawyer, the refusal of NCC
to issue the contract award letter is causing the nation to lose revenue of
over N600billion per annum.
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."
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