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How Works Ministry Issued Certificate for Uncompleted Kano Road Project

Abubakar Ismail Kankara by Abubakar Ismail Kankara
2 years ago
in Investigations
0
How Works Ministry Issued Certificate for Uncompleted Kano Road Project
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By: Abubakar Ismail Kankara

About a year ago, Aliyu Umar fell victim to a brutal attack that claimed his life while ferrying a passenger on his motorbike from Kwagar to Uran in Gezawa local government area of Kano State, northwest Nigeria. Hoodlums were said to have attacked and stabbed him while travelling through the deplorable road that connects Kwagar to Uran in the LGA.

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His older brother, Kabiru Umar, recounted the heartbreaking experience. He narrated how they became concerned when Aliyu failed to return home within his usual timeframe. Aware of the security risks, especially around sunset for motorcycle riders, Kabiru said they had immediately searched the area, notorious for hoodlum operations and sadly, their worst fears were confirmed when they discovered Aliyu’s lifeless body.

Kabiru explained that the absence of the passenger alongside Aliyu’s remains led to a chilling suspicion that the passenger may have been part of the gang that killed Aliyu.

Kabiru Umar

The tragic loss of Aliyu on the Kwagar-Uran Road signifies what residents say has become a recurring challenge faced by travelers along the deplorable road which has remained incomplete since 2021.

In 2021, the Federal Government budgeted the sum of ₦163,684,210.52 for the construction of the Kwagar-Uran Road. The project, which was awarded to Hasbee Integrated Services Limited has been abandoned despite the release of ₦118,728,028.33 to the contractor, as tracked in the Govspend portal.

Residents say Larabwan Kwagar where the contractors stopped the road construction, has become a hotspot for criminals who target citizens and seize their possessions; most notably, motorbikes and mobile phones.

Our correspondent reports that the once-accessible road has now been ravaged by erosion, creating an infamous zone where criminals operate freely.

Road Project
Road Project

Shuaibu Umar, a vigilant commander in Larabawan Gwagar, told this reporter that residents were hopeful when, in 2021, contractors began clearing the area and excavation work started. “The construction promised to alleviate transportation challenges, enhance movement, and boost security along the Kwagar to Uran Road, a crucial route leading to Gezawa and Hadejia roads,” he said.

“Before the excavators came, we also attempted to construct the roads using sand and stone bags. But we were overpowered by the severity of the erosion and rain, which washed away our efforts. We only depend on the government for the road construction,” he added

 Road Project
Abubakar Kankara Interviewing Shu’abu Umar

Three years after, contractor fails to complete project

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According to the contract award letter obtained by the Daily Episode through a Director at Hasbee Integrated Service Limited, Ismail Ahmed, the contract for the road construction of Gwagar to Uran followed an open deliberation. Subsequently, the Federal Ministry of Works and Housing awarded the contract to Hasbee Integrated Services Limited after the first ministerial tenders board meeting on Friday, July 3rd, 2021.

The contract was valued at 163,684,210.52, with a stipulated completion period of 12 weeks from the agreement’s signing date, as indicated in the award letter.

However, three years later, the community continue to grapple with the consequences of a deteriorating road, that is now a source of insecurity. While on the field to assess the project., this reporter observed that the contractor had failed to fulfil the mandate outlined in the contract acceptance letter. While the letter had emphasized compliance with all conditions specified in the contract award letter and indicated a 12-week as completion period, this reporter observed that the road project is incomplete.

 Road Project

It was observed that the road project had ended at Larabawan Kwagar instead of reaching Uran community as stated in the contract document.

Our reporter reached out to the contractor, and a director in the company, Zainab Sani Ahmed said she could not recall the execution of the Kwagar-Uran Road construction projects.

She however referred this reporter to Ismail Ahmad, another director at Hasbee Integrated Service Limited. Ismail Ahmed later requested time so he could contact his engineer before responding.

Ahmad later provided project documents, including a completion certificate issued by the Federal Ministry of Works and Housing as proof that the company had satisfied its obligations to the Nigerian Government.

Contractor’s status inactive on CAC

Findings by our reporter also reveal that Hasbee Integrated Services Limited, which was incorporated in February 2021, appeared to be inactive in the Corporate Affairs Commission’s portal.

The CAC describes an inactive company as one that has not been carrying out any business or has not made any significant accounting transactions in the last two fiscal years. It also describes an inactive company is one that has not paid its annual dues in the last two fiscal years.

Therefore, awarding contracts to an inactive company is a violation of the Nigerian Procurement Act, as section 16(6)(d)(e) of the act under the title ‘Fundamental Principles for Procurements,’ spells out these requirements: “All bidders, in addition to the requirements contained in any solicitation documents, shall: have fulfilled all its obligations to pay taxes, pensions, and social security contributions; not have any director who has been convicted in any country for any criminal offence relating to fraud, financial impropriety, or criminal misrepresentation or falsification of facts relating to any matter.”

Action of Works ministry a violation of the law- Lawyer

Bar Ma’aruf Yakasai, a Kano-based lawyer explains that once a contract is formalized, its terms are explicitly defined, and it becomes the contractual obligation of the contractor to fulfil the terms in accordance with the specified requirements.

He explained that a certificate of completion for a project can only be awarded or issued after the completion of the project.

 Bar Ma’aruf Yakasai
Bar Ma’aruf Yakasai

 

“There is what we call misappropriation, or strict liability. Misappropriation is failure to follow a contract to specify, as every contract has its criteria and must be complied with, but failure to comply with any of the project specifications is called a strict liability offence,” he said.

“However, in this project where a certificate of completion is issued for uncompleted projects, we can clearly see a strict liability offence and misappropriation of funds, and the person handling the project can be prosecuted, including those supervising the project,” the lawyer explained.

He called on government agencies to ensure accountability while contractors should also ensure they follow due process and adhere to project standards.

“Failure to comply is a breach of contract, and whoever is involved can be prosecuted for misappropriation or failure to follow the laws of procurement.”

Works Ministry ignores FOI  

Despite a budget allocation of ₦163,684,210.52 and a payment of ₦118,728,028.33 to the contractor, Hasbee Integrated Services Limited, as tracked on the Govspend portal, the Kwagar-Uran Road construction projects remain incomplete. Daily Episode, in an effort to scrutinize the procurement process and project status, submitted a Freedom of Information (FOI) request to the Ministry of Works and Housing on December 7, 2023.

However, one month later, there has been no response from the ministry regarding the FOI. In a subsequent attempt to obtain comprehensive information, this reporter reached out to the Ministry’s Information Officer, Mrs. Lere Adams, on January 12, 2024. Adams conveyed the need to liaise with the person overseeing the Freedom of Information (FIO) desk before providing information and requesting additional time.

Four days later, on January 16, 2024, when this reporter followed up with Mrs. Adams, there was still no substantial response. Adams mentioned that she had sent the FOI request to the department in charge but had not received a response. She suggested this reporter involve a colleague in Abuja to follow up physically, citing her schedule constraints.

Following the persistent inquiry, Adams called back and handed over the phone to an unknown director. The director advised the reporter to write another FOI to the Permanent Secretary, emphasizing that without the Permanent Secretary’s consent, they could not take any action. This response comes after weeks of waiting for a reply to the FOI request, raising concerns about transparency and accountability in the procurement and project oversight processes.

Community in urgent need of road construction

The village head in Larabawan Kwagar, Ma’aruf Ibrahim has urged the Ministry of Works to direct the contractor back to the site to ensure that the Kwagar-Uran Road construction is completed.

According to him, the deplorable road connecting Kwagar and Uran needs immediate government attention as it has become a danger zone for villagers.

 Road Project
Malam Ma’aruf Ibrahim

“Presently, around 7 p.m., the journey from Kamwagar or Larabawan Kwagar to Uran, and vice versa, becomes perilous. The fear of being attacked or harmed by hoodlums prevents anyone from risking this route,” he said.

The village head said the situation recently escalated when two community members were attacked. “Fortunately, they managed to fend off the assailants, albeit outnumbered,” Ibrahim continued.

Furthermore, Shuaibu Hudu, a vigilante commander in the community, echoed concerns about the escalating insecurity along the Kwagar to Uran Road. He emphasized that attacks by hoodlums on vulnerable citizens have become a daily occurrence.

This story is published under the GovSpend Media Fellowship, supported by BudgIT, ICIR and MacArthur Foundation“

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Abubakar Ismail Kankara

Abubakar Ismail Kankara

A multiple award-winning journalist with over seven years of experience in journalism. Working as a field reporter, he document in-depth investigations that hold institutions, power, and individuals accountable; uncover hidden truths; and fearlessly report conflicts, accountability, inclusion and mostly underreported stories.

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