By: J. Patrick
Kollie
pjkollie@gmail.com
Reports emerging from the
Ministry of Internal Affairs indicate that two top officials of the Ministry of
Internal Affairs covertly linked to a company that is believed to have defrauded
Gbarpolu County of USD$300,000.00 United States Dollars. The two officials
conspired and participated in affairs of an enterprise through a pattern of
forming a company to undertake contracts in Gbarpolu County.
Communication in the possession
of this writer shows that Internal Affairs Deputy Minister for Administration,
Hon. Varney A. Sirleaf on June 23, 2015 wrote Gbarpolu County Superintendent
Hon. Armah M. Sarnor requesting the Superintendent to authorize the remaining
10% balance retention payment in the amount of USD$29,875.00 (Twenty nine
thousand eight hundred seventy-five United States Dollars) in favor of
Renewable Liberia Limited, the company believed to have fraudulently won the
Bopolu City layout contract in 2012.
On October 13, 2012, the head of
the Gbarpolu County Administration, Hon. Allen M. Gbowee in a mass Gbarpolu
County Citizens meeting in Bopolu City announced that Renewable Liberia Limited
was the winner of the USD$300,000.00 dollars City layout contract.
After reviewing the procurement
process that led to the result in favor of Renewable Liberia Limited, Attorney
Harris F. Tarnue filed a formal complaint to the Public Procurement and
Concessions Commission through the Commission’s Complaints, Appeals &
Review Panel (CARP) against the process. Upon receipt of Atty. Harris Tarnue’s
written complaint with all his supporting documents attached, the PPCC’s CARP
requested Superintendent Allen Gbowee to submit all documents pertaining to the
Bopolu City layout bid process in a specified time. According to the CARP
investigation report also in the possession of this writer, the following list
of documents was requested from Superintendent Gbowee.
1. List
of participating bidders and qualification criteria
2. Minutes
of procurement committee & bid opening meetings, including attendance
record
3. Bid
evaluation Panels report/recommendations
4. Bid
evaluations criteria
5. Finding
of a review proceeding held upon the complaint of Atty. Harris F. Tarnue
6. Copies
of the signed contract and
7. Copies
of bid advertisement and other related document not specifically named herein.
The qualification requirement
listed by Superintendent Gbowee in the advertisement reads below:
-Current business registration
certificate
- Current valid tax clearance
certificate
-Ministry of Public works
certificate
-Instant Financial statement
-Ability to pre finance per
stage
-Past performance
records/report, including project title, Project location, Project value,
client’s full addresses and contact number(s).
The PPCC’s CARP waited for
Superintendent Gbowee’s response but to no avail till the expiry of the
statutory period. Complainant Atty. Harris F. Tarnue wrote the PPCC to inquire
about the status of his complaint. In his follow up letter, Atty. Harris F.
Tarnue urged the PPCC CARP to investigate his complaint in manner as follows:
1. Review
the procurement proceedings and tendering process leading to entry into of the
said illegal contract with Renewable Liberia Limited
2. Hear,
determine and declare whether or not the cited provisions of the PPCC were
violated
3. Cancel
or cause to be cancelled,” voidable contract” entered into in violation of the
PPCC Act, and
4. Declare
such further rights and remedies complainant would be entitled to under the
PPCC Act.
Also Attached to Atty.
Tarnue’s follow up inquiry letter was a list of relevant documents further
supporting his allegations. Among those documents was a letter over the
signature of the Chairman of the Gbarpolu County Legislature Caucus in an
attempt to intervene in the situation but Superintendent Gbowee failed to give
credence to the County Caucus’ intervention and went ahead to sign the contract
with Renewable Liberia Limited.
After the statutory period,
Superintendent Gbowee decided to reluctantly reply to the CARP request by
submitting documents and responding to Atty. Tarnue’s complaint. After
carefully reviewing and analyzing all documents submitted by Complainant Atty.
Harris F. Tarnue and Defendant Hon. Allen M. Gbowee, along with other
accompanying instruments and referencing the applicable provisions of the PPCC
Act of 2010 and regulation No. 003 on the schedule of thresholds, the panel
declared in its opinion that the Procurement Committee of Gbarpolu County
Administration headed by Superintendent Allen M. Gbowee did not act consistent
with the PPCC Act of 2010 and regulation No. 003 on the schedule of threshold
during the conduct of the procurement proceedings/tendering process of the
Bopolu City layout contract when it proceeded to award the contract to
Renewable Liberia Limited.
The CARP ruled; “Therefore, it
is the opinion of this panel that respondent, the Honorable Superintendent of
Gbarpolu County, Allen M. Gbowee and his procurement committee violated all of
the above cited provisions of the PPCC Act and regulation No. 003 during the
conduct of the tendering process of EOI No. GBARC/NCB/001/12/13, and also
failed to perform their functions in line with section 27 (c) (d) (f) (k) of
the Amended and restated PPCC Act of 2010 in the conduct of the proceedings
described above and the award of the works procurement contracts to Renewable
Liberia Limited. In view of the above, the panel hereby upholds the contentions
of the complainant that the procurement committee of Gbarpolu County
Administration headed by Superintendent Allen M. Gbowee grossly violated the
above cited provisions of the PPCC Act and its regulations during the tendering
process. Accordingly, the panel here by invalidates and reverses the decision
of the procurement committee to award contract for Bopolu City layout to
Renewable Liberian Limited. The Gbarpolu County Administration is hereby
ordered to re-run the procurement process with provision that those companies
that participated in the July 2012 procurement proceedings do not pay any
additional fees for participation”.
Conspiracy or Gross Incompetence
The above narration does not
need a rocket scientist to tell that the Bopolu City layout contract was in
violation of the PPCC Act. What remains a multi-million dollar question now is
whether Deputy Internal Affairs Minister for Administration Varney A. Sirleaf
and Internal Affairs Assistant Minister for Legal Affairs Hon. Losene F. Bility
(Esq) both conspired and participated in affairs of an enterprise through a
pattern of forming Liberia Renewable Limited to undertake the Bopolu City
layout contract or both are grossly incompetent to read and analyze the above
public documents.
An internal Memorandum
(LFB/AMLA/) 91) in the possession of this writer also reveals the legal opinion
of Assistant Minister for Legal Affairs Hon. Losene Bility (Esq). In his
opinion dated May 12, 2015, Hon. Bility writes, “In consonance with your April 28, 2015 instruction to the Deputy
Minister for Administration, Hon. Varney A. Sirleaf, which was forwarded to me
for legal advice, I have reviewed the attached instruments and arrived at the
following findings:
1.
That,
the project was successfully completed as same was dedicated during the July
26, 2013 Independence Day celebration in Bopolu City, Gbarpolu County by Her
Excellency, Madam Ellen Johnson Sirleaf, President of the Republic of Liberia.
2.
That,
the assessment report of the Public Works Resident Engineer of January 28, 2014
certified the work
3.
That,
the 1st payment was made in April 2013
4.
That,
the 2nd payment was made in October 2013
5.
That,
the 3rd and final payment as retention was due in January 2014 but
up till now is has not been paid,
Wherefore and in view of the foregoing, and couple with the fact that
the 3rd and final/retention payment in the amount of US$29,875.00 is
overdue, I advise that same be paid in accordance with the terms and conditions
enshrined in the contract”.
It is professionally amazing
to read such a legal advice that has absolutely no legal basis. In my view, the
Minister is either in a covert conspiracy or is grossly incompetent to know
that no contract exists between Gbarpolu County and Renewable Liberia limited.
How could this Legal Affairs Minister be so blind to the law he professes to
know?
New Gbarpolu County PMC Chairman Draws
Corruption Lines
In a leaked package in the
possession of this writer, it is becoming crystal clear that someone is finally
prepared to draw a thick line between corruption and accountability. In a
respond to what appears to be a letter received from Gbarpolu County Superintendent
Hon. Armah M. Sarnor, Gbarpolu County newly elected Project Management
Committee Chairman, Mr. Sam K. Zinnah seems to be sitting pretty good and ready
to battle or challenge the legality of the Bopolu City layout contract.
In a well written letter to
Justice Minister Benedict Sannoh dated June 28, 2015, Chairman Zinnah wrote:
“Cllr. Sannoh,
I present
compliments and write to seek the advice of the Ministry of Justice about the
request for payment to Renewable Liberia Limited concerning a purported
contract for the layout of Bopolu City, Gbarpolu County.
On July 20, 2015, I
received a letter dated July 10, 2015 in which Superintendent Armah Sarnor,
acting on advice from Hon. Varney A. Sirleaf, Deputy Minister for
Administration, Ministry Internal Affairs requested the Gbarpolu County PMC to
pay Renewable Liberia Limited the amount of USD$29,875.00 (Twenty nine thousand
eight hundred seventy five United States Dollars). Please see attached letters
regarding the request for payment.
Notwithstanding, the
request for said payment, my attention has been drawn to the June 6, 2013
ruling of the Public Procurement and
Concession Commission (PPCC) and the
November 2014 General Auditing Commissions report regarding the unlawfulness of
the above mentioned contract.
Hon. Minister, the
holding from the June 6, 2013 PPCC’s ruling reads as follows:
“The Panel hereby upholds the contentions of
the complainant that the procurement committee of Gbarpolu County headed by
Superintendent Allen M. Gbowee grossly violated the above cited provisions of
the PPCC Act and its regulations during the tendering process. Accordingly, the
Panel hereby invalidates and reverse the decision of the procurement committee
to award the contracts for EOI No.GBARC/NCB/001/12/13 to Renewable Liberia
Limited and Trans-Africa Trading Company. And that to ensure compliance with
the PPCC Act, the Gbarpolu County Administration is hereby ordered to re run
the procurement process with provision that those companies that participated
in the July 2012 procurement process do not pay any additional fees for
participating”.
A finding from
portion of the November 2014 General Auditing Commission’s report covering the
fiscal years 2011/2012 and 2012/2013 states “ The Gbarpolu County
Administration grossly violated the PPCC Act and PFM law in awarding the
contract. Also, despite a precept from the Public Procurement and Concession
Commission’s CARP, prohibiting the execution of the contract and ordering the
re run of the procurement process, the County Administration opted to ignore
the CARP’s ruling and preceded with the execution of the said contract at the
detriment of public resources”.
Also,
recommendation on page 16 of the November 2014 GAC report states “The Gbarpolu
County Superintendent, Allen M. Gbowee, Assistant Superintendent for
Development, Yassah Karmo-Fallah, the PMC Chairman, Desmond A.T. Boimah should
be held accountable for the USD$268,875.00 paid to the contractor for the
layout of the Bopolu City”.
It is also
interesting to know that the laws specifically requiring that the Ministers of
Finance and Development Planning and Justice to sign and attest to contracts
above$250,000.00 were ignored. According to the November 2014 GAC report for
fiscal years 2011/2012 & 2012/2013, the individuals who signed the contract
on behalf of the two Ministries were not the statutorily authorized officials
thus raising more credibility issues about this contract.
As the newly
elected Chairman of the PMC, it is one of my sworn in or oath commitments to ensure
that the resources of Gbarpolu County are expanded in line with the laws of
this Nation. I am seeking your advice in order to move forward with the payment
request”.
In
an effort to get Mr. Sam Zinnah to discuss his letter to the Justice Minister,
the PMC chair, in a short telephone conversation said, “If you claim you have
copy of a letter written by me, go ahead and continue your investigation. I do
not intend to discuss my professional work in the media”.
Suspected
owners of Renewable Liberia Limited
Since
the emergence of Renewable Liberia Limited, there have been many speculations
in Gbarpolu about the owners of this suspicious company. According to the
November 2014 GAC report, Renewable Liberia Limited did not meet most of the
important requirements for participating in the biding process but the Company
still won the bid which later dragged in to PPCC court and resulted to
cancelling of the contract. Although the contract was nullified by the PPCC,
payment of over US$260,000.00 to the Company was processed through the Ministry
of Internal Affairs thus raising more questions than answers about the powerful
hands behind the company.
It
is widely speculated that Renewable Liberia Limited is covertly owned by Deputy
internal Affairs Minister for Administration, Hon. Varney A. Sirleaf, Former
Assistant Minister Florence Dukuly and Gbarpolu County Senator Daniel Naatehn.
The status Of Hon. Losene Bility, Assistant Minister for Legal Affairs is not
too clear as he remains under close watch. Hon. Bility’s recent (May 12, 2015)
legal advice in favor of renewable Liberia Limited share more lights on his
covert connection to this suspicious company.
In
one of my many attempts to track some of the fishy activities of Renewable
Liberia Limited, I’ve been trying to investigate how the earth moving
equipments that were used by Renewable Liberia Limited landed in the hands of
the company. The equipments in question were bought by Bokomu and Gou Ngolala
Districts with the aim to undertake road works in the two District but the
machines have been in the Possession of Senator Daniel Naatehn. Without the
knowledge of the owners of the Mechines, a purported rental contract was
entered into by Renewable Liberia Limited thus shinning more lights on Senator
Naatehn’s connection to this suspicious company. As I pen this story, the
people of Bokomu are gearing up to file a law suit against the fronting General
Manager of Renewable Liberia Limited, Mr. James Q. Folokula.
If
it is proven that the above named officials are in any way beneficiaries of
Renewable Liberia Limited, their action will be total conflict of interest. I
am of the strongest conviction that the Liberia Anti Corruption Commission
would be highly interested in digging out the owners of this suspicious company
as they anxiously wait to take care of their final chopping from the
US$300,000.00 contract.
Deputy and
Assistant Ministers denied knowing about PPCC ruling & GAC report
In
a August 6, 2015 edition of the Frontpageafrica news paper sub caption “who
wants Gbarpolu County 29K road Money”, reporter Henry Karmo contacted Internal
Affairs Deputy Minister for Administration “Hon. Varney Sirleaf to get his view
about the dubious transaction. In Minister Sirleaf’s respond, according to
reporter Karmo, Minister Sirleaf claimed his instruction to the Gbarpolu County
Authority to pay the contractor (Renewable Liberia Limited/James Folokula) the
remaining $29,875.000 United States Dollars was base on a legal advice from
Assistant Internal Affairs Minister for Legal Affairs, Hon. Lusene Bility.
Minister Sirleaf Also claimed that he had no knowledge that the PPCC had ruled
in the awarding of the contract. He claimed that the PPCC ruling was not
communicated to him when he wrote the Gbarpolu County Administration about the
ten percent retention payment.
When
contacted, Internal Affairs Assistant Minister for Legal Affairs, Hon. Luseni
Bility claimed that he too was not aware of the PPCC ruling and the GAC report.
He pushed that it was only fair to pay the last money since the first and
second payments were done. Minister Bility’s legal advice further exposes him
to either conspiracy or gross incompetence.
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