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How Kano Ministry breach procurement laws, awards contracts to Lawmaker, non-existent companies

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In 2018, the Kano Ministry of Works, Housing, and Transport, currently known as the Ministry of Works and Infrastructure, awarded the sum of N3 billion for constituency projects in 44 local government areas to construct primary school classrooms without an office, Islamiyya classrooms, an empowerment program, and the supply of fertilisers to farmers.

In the 2018 constituency project document of the state Ministry of Works, Housing, and Transport, 17 projects for N76,456,129.59 million were awarded to Kwore Nig Ltd. for various constituency projects, including the construction of a block of two classrooms in Kurna, Madarin Mata, Danlasan, Dantsawa, Marke, and Tamburawa communities and empowerment programs in Warawa Local Government Area (LGA).

The empowerment projects consisting of the purchases and supplies could not be traced as no location was provided in the document.

Of the other two projects in the document, one was awarded to M.M. Bello Integrated Services to construct one block of two Islamiyya classrooms at Walawa – Unguwar Rimi Islamiyya in Tofa LGA for a sum of N5,975,752.56 million.

Gwarjo Global Res. Ltd. was also awarded one project to construct one block of Islamiyya at Hayin Gude Kokiya for the sum of N8,138,018.44 million.

In this investigative report, Lukman Abdulmalik revealed that of the 17 constituency projects in Warawa LGA, only three were implemented; the other three schools’ projects were not executed.

Also, no work was done in Tofa and Shanono LGA, and the Ministry of Works, Housing, and Transport violated the State Public Procurement Law in the wards of the contracts with the contractors.

On Monday, October 5, 2023, during a random project site verification visit to Walawa – Unguwar Rimi in Tofa LGA, Stallion Times observed that the project for the construction of one Islamiyya block awarded to M.M. Bello Integrated Service at a sum of N5,975,752.56 million was not executed.

                        Project document containing project awarded to M.M. Bello Integrated Service at Walawa-U/Rimi

In a discreet investigation, Stallion Times interviewed Mallam Umar, a teacher who resides and teaches at Walawa-Ungwar Rimi Islamiyya School, he said: “There has been no block of Islamiyya classrooms constructed in our community since 2016.

“A lack of enough Islamiyya classrooms has exposed the pupils to learning in an open environment; the two dilapidated and uninhabitable blocks of four classrooms without a roof borrowed from Walawa Primary School are not enough to contain the large number of pupils.

“Most of these Islamiyya students study under the tree because we have 350 students, out of which 185 are boys and 165 are girls.”

                                          Walawa – Unguwar Rimi Primary School in Tofa LGA. PC: Lukman Abdulmalik

Umar explained that a lack of enough Islamiyya classrooms is increasing the number of student dropouts in the community.

“About 130 students, most of whom are girls, have stopped attending school.

“The open teaching environment is making students grapple with lizards and snakes; this situation also discourages most of them from attending the Islamic school.

Not only in the Walawa – Unguwar Rimi community but also the construction of one block of Islamiyya classrooms at Hayin Gude Kokiya village in Shanono LGA, awarded to Gwarjo Global Res. Ltd. for N8,138,018.44 million, was not executed.

Project document conating award of contract to Gwarjo Global Res. Ltd at Hayin Gude Kokiya

The village head of Hayin Gude Kokiya, Shuaibu Musa, who spoke to Stallion Times, said: “I am not aware of any construction of any Islamiyya block in this community.

“Because there are no standard Islamic schools in the village, we usually borrow three blocks of classrooms from the Hayin Gude Kokiya primary school for our children to learn Islamic teachings.

                          Village head of Hayin Gude Kokiya, Shuaibu Musa. PC: Lukman Abdulmalik

“The lack of standard Islamiyya is seriously affecting the community because we have over 3000 children who should be attending Islamiyya, but I am not sure if 500 of these children are attending Islamiyya.

“Around 4 p.m., when children are expected to attend Islmaiyya, you will notice the area is crowded with underage children roaming the streets.”

Kano Lawmaker Secures Contract   

Investigation revealed that Honourable Labaran Abdul Madari, a lawmaker representing Warawa Constituency at the State House of Assembly, is a Director at Kwore Nig Ltd, the contracting company for the Warawa Constituency Projects.

A full Corporate Affairs Commission (CAC) search using the company’s name was conducted. The CAC search portal revealed that the lawmaker is the beneficial owner of the company.

                                                A CAC result of Kwore Nig Ltd.

The lawmaker represented the Warawa constituency from 2007 and 2023. He was Chief Whip of the House between 2015 and 2019 and is still serving as a member, representing the Warawa constituency.

A project site check for one of the Kwore Nig Ltd. projects in the Kurna community in Warawa LGA revealed that only three of the schools’ projects were executed in Warawa LGA.

                                  Project Signpost of Kwore Nig. Ltd. PC: Lukman Abdulmalik

The construction of the Islamiyya classroom in Kurna was awarded at the sum of N5,975,752.56 million and completed in 2018.

The project was engraved: KNSG Constituency Project, M.O.W. & H. 2018, Hon. Labaran Abdul Madari.

Stallion Times visited one of the project sites and spotted an Islamic teacher, Usman Haliru, in one of the Islamiyya classrooms in the Kurna Community. He offered to speak on the subject matter.

He said: “The constructed classrooms are not enough to contain the students we have because we have over 250 Islamiyya students, and each class can barely contain 30 students.

   A block of two classrooms was constructed by Hon. Madari in the Kurna Community. PC: Lukman Abdulmalik

To remedy the situation, he pointed at some trees and said, “We use the shade of those trees and the compounds of volunteer residents in the community to conduct classes for students.”

He expressed pleasure over the completion of the project in his school: “We are enjoying the classroom, but we still need more blocks of classrooms for the comfort of the pupils.”

The constructed Islamiyya classrooms at Dantsawa village, by Hon. Madari. PC: Lukman Abdulmalik

At Dantsawa village, the construction of Islamiyya classrooms awarded to the same company for N5,975,752.56 million was duly executed.

Also, at Marke Primary School in Marke village, the construction of classrooms without offices was awarded at the cost of N9,813,647.87 million was executed.

At Marke village, the construction of classrooms without offices was executed. PC: Lukman Abdulmalik

The three other schools’ projects remained unexecuted in their respective communities.

During a project site visit to Danlassan Primary and Secondary School in Danlassan community, Warawa LGA, Stallion Times discovered that the project, which was awarded at the sum of N5,975,752.56 million for the construction of one block of two classrooms without an office, was not executed.

Hussaini Kabir Abdullahi, 40, was spotted teaching his students in primary 3 the Holy Quran at Danlassan Primary and Secondary School in one of the old school buildings.

           Hussaini Kabir Abdullahi teaches his students Holy Quran, at Danlassan School. PC: Lukman Abdulmalik

In an interaction with Mallam Abdullahi, he clarified that the school operates both Western and Islamic-type education.

“The western education session operates from 8 a.m. to 1 p.m. while the Islamic session starts from 2 p.m. to 5:30 p.m.

“There was no construction of an additional block of classrooms in this school.

“If the classrooms were constructed, it would have reduced the overcrowding of students in a classroom.

“A classroom could barely contain 30 students, but due to the insufficient classrooms, over 80 students could be found in a classroom.”

Stallion Times also discovered that the last project executed in the school at Danlasan community was in 2017 as a constituency project by Hon. Mustapha Bala Dawaki, a Federal Lawmaker representing Warawa and Dwakin Kudu at the House of Representatives.

                                    A constituency project by Hon. Mustapha Bala Dawaki. PC: Lukman Abdulmalik

 

Madari Mata Primary and Secondary School, located in Madarin Mata village, Warawa LGA, the school has only 2 blocks of 3 classrooms. The construction of a classroom without an office was awarded to Kwore Nig. Ltd. for N9,813,647.87 million. The project remained unexecuted.

At the time of the visit to the school, it was under lock and key, and the community was scanty, as few residents were seen moving around and conducting their businesses.

This reporter had a chance meeting with Amina Habibu, 36, a resident of Madarin Mata, and she revealed why the school was locked.

“Children in this community do not attend school due to the absence of teachers and insufficient classrooms.

“So most of them usually go to farms or hawk items to earn money for their parents.”

After a series of checks to locate the blocks of classrooms in Madarin Mata, it was discovered that Kwore Nig. Ltd. did not execute the project awarded to it by the Kano State Ministry of Works, Housing, and Transport.

However, a special intervention project was executed by Hon. Madari in 2021.

                         Special Intervention project executed by Hon. Madari in 2021. PC: Lukman Abdulmalik

Similarly, the company failed to construct Islamiyya classrooms at Tamburawa Primary and Secondary Schools awarded to it for N5,975,752.56 million.

However, the award of a contract to a serving lawmaker by the State Ministry of Works, Housing, and Transport contravened Sections 57 (9) of the Public Procurement Law, 2007, and Sections 31 and 87(2) of KSPPL, 2021, as the contracting company solely belongs to the family of the lawmaker.

The status report of Kwore Nig. Ltd., which is INACTIVE as of 6 July 2023, was registered on 6 July 2011 as a private company limited by shares with Labaran Abdul Madari, Mujidat Labaran, and Zinatu Labaran as Directors.

And 98 percent of the constituency projects in Warawa LGA in 2018 were awarded to Kwore Nig Ltd., a clear case of undue influence in the award of the contracts.

Project document indicating projects awarded to Hon. Labaran Abdul Madari’s company (Kwore Nig. Ltd.)

Award of contracts in compliance with KSPPL, 2021

All prospective vendors must comply with the eligibility requirements as enshrined in Section 31 (4d) of the Kano Public Procurement Law, KPPL, 2021, which stipulates that “the bidder is in arrears regarding payment of due taxes, charges, pensions, or social insurance contributions unless such bidder has obtained a lawful permit concerning the allowance or difference of such outstanding payments in installments.”

How Kano Ministry of Works violate PPL procedures in awarding the contracts

In 2018, the Kano State Ministry of Works and Infrastructure awarded contracts for the construction of one block of Islamiyya in the Walawa Unguwar Rimi community of Tofa LGA for a sum of N5,975,752.56 million to M.M. Bello Integrated Serv, and N8,138,018.44 million was awarded to Gwarjo Global Res. Ltd. to construct one block of Islamiyya at Hayin Gude Kokiya.

The 19 constituency projects were not advertised for the invitation for bid in National Newspapers, and the contractor, Kwore Nig. Ltd has arrears of unpaid CAC filing taxes and the company has not tendered a document indicating its willingness to make the payments in installments. This also is a violation of the KPPL, 2021.

In the same manner, M.M. Bello Integrated Services and Gwarjo Global Resources Ltd did not meet the requirements for the award of state government contracts.

A search on the Cooperate Affairs Commission (CAC) revealed that both M.M. Bello Integrated Services and Gwarjo Global Res. Ltd are unregistered procuring entities.

The award of contracts to M.M. Bello Integrated Services and Gwarjo Global Res. Ltd contravenes Sections 417–424 of the Companies and Allied Matters Act, 2020, which state that “every company must make and deliver their annual returns to the CAC every year”.

The above situations also reflect the violation of Section 31 (4d) of the Kano Public Procurement Law, KPPL, which stipulates that “the bidder is in arrears regarding payment of due taxes, charges, pensions, or social insurance contributions unless such bidder has obtained a lawful permit concerning the allowance or difference of such outstanding payments in installments.”

Therefore, the Kano Ministry of Works has equally violated Sections 45(2) and (3) of KSPPL, which state that the invitation for bids shall be advertised on the notice board of the procuring entity, the State Procurement Journal, and online not less than six (6) weeks before the deadline for submission of the bids for the goods, works, and services.

Kano Ministry of Works Reject FOI

On October 2, 2023, a Freedom of Information request was taken to the Kano State Ministry of Works and Infrastructure by this reporter and was rejected at the open registry.

The FOI specifically requested for;

1. A copy of the advertisements for the contracts published in the 2 national newspapers, 1 recognised international newspaper, and also links to the contract publication?

2. Pictorial evidence of advertised goods, works, and services advertised on the notice board, the state journal, and online publications.

3. Documents of the pre-qualification of the bidders and bidding documents of the procuring entities as contained in Part VI Section 45, 46, 47, and 48 of KPPL?

Implications for Kano State

The 1999 Constitution quotes the right to education as a cardinal fundamental human right. However, according to UNICEF, Kano has over 1.5 million out-of-school children; this is a result of a lack of access to quality education, especially in rural areas.

There are over 1,000 students in these schools whose future is in jeopardy due to the inability of these companies to complete these projects and the lack of proper oversight by the supervising ministries.

Awarding contracts to unverified and lawmaker companies negates the Public Procurement Law, the Kano State Public Procurement Law, and the Companies and Allied Matter Acts.

Apart from violating procurement laws, the award of the contracts may undermine and wipe out gains recorded toward achieving Goal 4 of the Sustainable Development Goals (SDG) of the United Nations.

Goal 4 is to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. According to UNICEF, no fewer than 70 percent of Nigerian children are suffering from learning poverty.

The ambition to achieve SDG 4 by 2030 for Nigeria is a high one, and the World Bank has estimated that the country needs a 1.7 percent allocation from its gross domestic product to meet the target. Awarding contracts to unknown companies may forfeit the little funding currently committed to achieving these goals.

This publication was supported by the Wole Soyinka Centre for Investigative Journalism (WSCIJ) through Stallion Times under the Collaborative Media Engagement for Development Inclusivity and Accountability Project (CMEDIA), funded by the MacArthur Foundation.

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