Lagos state government has refused to make available the details of the contracts they signed with Bola Tinubu’s Tax firm Alfa Beta. This company, according official records takes home monthly, the sum of 6billion Naira from Lagos state government’s coffer.
Relying on the Freedom of Information [FoI] act as passed by the National Assembly – and requested for the contract documents from the Lagos state government but the state government responded saying that the FoI act is only for federal records and does not affect states.
For this reason, a group of concerned citizens of Lagos turn the garnet to bring Bola Tinubu to court – to declare open his contractual arrangement with the government of Lagos State.
Please see below for the attached documents –
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DR. ADEGBOLA DOMINIC,
SANTA MARIA HOSPITAL,
10, SANTA MARIA STREET,
EGAN-IGANDO,
LAGOS.
Tel: 08125840416, 08033251594
Email: adegboladominic@yahoo.com
1st November, 2012
The Inspector General of Police,
Nigeria Police Force,
Force Headquarters,
Louis Edet House,
Abuja.
The Commissioner of Police, Lagos State,
State Police Headquarters,
Oduduwa Street,
Ikeja,
Lagos State.
Dear Sir,
DEMAND TO CONSTITUTE A UNIT/PANEL OF THE POLICE FORCE
TO RE-OPEN THE CASE, COMMENCE OR TAKE OVER AND
CONCLUDE THE INVESTIGATION OF THE CRIMINAL
ALLEGATIONS MADE AGAINST MR. BOLA AHMED TINUBU
THE FORMER GOVERNOR OF LAGOS STATE, THE SUBJECT
MATTER OF THE CASE OF CHIEF GANI FAWEHINMI AND
INSPECTOR GENERAL OF POLICE
I am a citizen of Nigeria and indigene of Lagos State with the requisite locus standi to make the request as indicated above and stated hereunder.
You would recall that sometime in 1999 when Mr. Bola Ahmed Tinubu was the Governor of Lagos State, Criminal Complaints were made against him in a letter dated 21st September, 1999 by Chief Gani Fawehinmi to investigate the said criminal allegations of falsification of statement/declaration and documents/certificates.
You would also recall that The Supreme Court held that although you could investigate the Governor who then enjoyed immunity under Section 308 of the Constitution, 1999, you could not prosecute him in view of the express Constitutional Governor’s Immunity provisions of Section 308 – That `no Civil or Criminal proceedings shall be instituted or continued against a person to whom this Section applies during his period of Office`.
Sir, Mr., now Asiwaju, Bola Ahmed Tinubu left office as Governor since 2007, no longer enjoying the said immunity, but since then nothing in respect of those serious criminal allegations has been done, allegations which are more serious than those for which a former Speaker of the House of Representatives Salisu Buhari was investigated, prosecuted and convicted.
And Sir, since the demise of Chief Gani Fawehinmi, your office seems to have fallen asleep over the matter but Sir, these are very serious criminal allegations which ought not to be swept under the carpet.
As a Citizen of the Federal Republic of Nigeria, it is my duty to, and I hereby, request that you shall constitute a unit of the force to re-open the case, commence or take over conclude the investigations into the said criminal allegations against Chief Bola Ahmed Tinubu and if need be commence the prosecution of the said Bola Ahmed Tinubu.
Sir, this request of mine is hinged mainly on your duties, responsibilities and obligations as provided for under the Constitution and Section 4 of the Police Act Cap 359, 1990 Laws of the Federation which provides as follows:
4. The police shall be employed for the prevention and detection of crime, the
apprehension of offenders, the preservation of law and order, the protection of
life and property and the due enforcement of all laws and regulations with which
they are directly charged, and shall perform such military duties within or without
Nigeria as may be required by them or under the authority of this or any other
Act”.
You shall therefore be violently violating the specific provisions of the Constitution and the Police Act if you fail, refuse or neglect to grant my humble request.
A copy of this request is being sent to the President of the Federal Republic of Nigeria who also serves as the Chairman of the Nigeria Police Council as well as the minister for Police Affairs.
Please TAKE NOTICE that if my request is not granted within 14days from the date of receipt of my request letter, I shall be initiating proceedings in Court to have you compelled to grant my request by applying for Mandamus to issue against you.
Sir, the learned Author of deSmith’s Judicial Review of Administration Action writes at page 540: “Mandamus” lies to secure the performance of a public duty, in the performance of which the applicant has a sufficient legal interest. The application must show that he has demand performance of the duty and that performance has been refused by the authority obliged to discharge it”.
Counting on your co-operation.
Yours faithfully,
Dr. Adegbola Dominic
cc.
- The President of the Federal Republic of Nigeria,
Aso Rock Presidential Villa,
Abuja.
- The Minister for Police Affairs,
The Ministry,
- Abuja.
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DR. ADEGBOLA DOMINIC,
SANTA MARIA HOSPITAL,
10, SANTA MARIA STREET,
EGAN-IGANDO,
LAGOS.
Tel: 08125840416, 08033251594
Email: adegboladominic@yahoo.com
24th October, 2012
The Commissioner for Finance, Lagos State,
Ministry of Finance,
The Secretariat,
Alausa, Ikeja,
Lagos.
The Board of Lagos State Internal Revenue Service,
Ikeja,
Lagos.
The Auditor General,
Office of the State Auditor – General,
Secretariat,
Alausa – Ikeja.
The Special Adviser, Taxation & Revenue,
Office of the Governor of Lagos State,
Governor’s Office,
Alausa, Ikeja,
Lagos.
The Attorney General of Lagos State,
Ministry of Justice,
The Secretariat,
Alausa, Ikeja,
Lagos.
Dear Sir,
APPLICATION FOR ACCESS TO, AND REQUEST TO YOU TO MAKE
AVAILABLE TO ME, ALL THE INFORMATION, CTC’S OF THE FILES,
RECORDS, CONTRACT DOCUMENTS ETC. IN YOUR CUSTODY OR
POSSESSION RESPECT OF THE CONTRACT/AGREEMENT ENTERED
THE GOVERNMENT OF LAGOS STATE AND, THE COMPANY, ALPHA
BETA CONSULTING LIMITED MANDATING THE COMPANY TO
COLLECT ON BEHALF OF THE GOVERNMENT ALL TAXES AND
INTERNALLY GENERATED REVENUE (IGR) DUE, PAYABLE AND
PAID TO THE GOVERNMENT AND ITS AGENCIES AND ALL THE
COMMISSIONS DUE, PAYABLE AND PAID BY THE GOVERNMENT
TO THE COMPANY AND RECEIVED BY THE COMPANY SINCE
THE DATE OF THE CONTRACT/AGREEMENT PURSUANT TO
SECTIONS 2, 3(3)M, O, 5, 6, 7, 9 & 10 OF THE PROVISIONS OF
THE FREEDOM OF INFORMATION ACT 2011 OR AS REPLICATED/
DOMESTICATED IN LAGOS STATE OF NIGERIA
- WHEREAS as the Commissioner for Finance, Lagos State, your office is responsible for the management and disbursement of the finances of Lagos State, as well as being the Supervisory Commissioner over the Board of Internal Revenue Services of Lagos State.
- and WHEREAS as the Board of Lagos State Internal Revenue Services, your Board is the Board charged with the collection all taxes and internally Generated Revenue of Lagos State,
- and WHEREAS as the Auditor General of Lagos State, your office audits the Public Accounts of the State and of all officers by accessing all the books, records, returns and other documents relating to those accounts,
- and WHEREAS as the Special Adviser to the Governor of Lagos State on Taxation and Revenue, your office is in charge of monitoring all the taxes and revenue accruing to the state,
- and WHEREAS as the Attorney General of Lagos State, you are the Chief Law Officer and Commissioner for Justice of the Government of Lagos State whose office prepares and vets all contractual agreements/documents of the Lagos State Government and its agencies, and has custody and possession of same.
and WHEREAS by virtue of the special positions, functions and responsibilities of your offices as stated in 1, 2, 3, 4, and 5 above, you know, and deemed to know or ought to know all about the taxes and revenue accruing to the Government of Lagos State as well as have in your custody and possession all the contractual agreements entered in respect of taxes and revenue matters of the state, and have in your possession and custody copies of these contractual agreements.
- AND WHEREAS as a citizen of Nigeria and indigene of Lagos State it has come to my knowledge that the Government of Lagos State has entered into a contractual agreement with the Company, Alpha Beta Consulting Ltd. Whereupon the Company has the mandate of the Government of Lagos State since 1999 to collect and been collecting on behalf of the Government of Lagos State all the taxes and Internally Generated Revenue which have accrued and been paid to the State whereafter the Company is entitled to and being paid the Commission (of 15% (Fifteen Per Centum) therefrom since the year 1999.
- AND WHEREAS sometime in 2011 by virtue of a statement issued by Mr. Bola Sodipo, Special Adviser to the Governor of Lagos State on Taxation and Revenue, the existence of a Contractual Agreement with the Company as tax and revenue collector on behalf of the Government was confirmed; but added that the Government of Lagos State would terminate the services of the Company by February, 2012,
- and WHEREAS the Government of Lagos State now boasts of an IGR or about N40 billion every month translating into a commission of N6 Billion due to and being paid to the Company every month, which sum I consider unfavourable and outrageous to me as a tax payer and Citizen of Lagos State.
I, Dr. Adegbola Dominic wish to know how the taxes, revenue, finances of the State accrue, are managed, disbursed etc. In Lagos State and do hereby apply, to you, by yourselves, agents, servants etc. to access and request to be made available to me by you, all information, CTC’s of Files, records, Contract Agreements/Documents, in respect of the said Contract/Agreement entered into between the Government of Lagos State and, the Company, Alpha Beta Consulting Limited, mandating the Company to assess and collect on behalf of the Government all Taxes and Internally Generated Revenue (IGR) due, payable and paid by the Government and its agencies and all the commissions due, payable and paid by the government to the Company and received by the Company since the announcement of the Contract/Agreement for my perusal and scrutiny pursuant to Section 2, 3(3)m, o, 5, 6, 7, 9, & 10 of the Provisions of the Freedom of Information Act 2011 (F.O.I) as Replicated/Domesticated in Lagos State of Nigeria. My request is basically to let me know the monthly returns of the taxes and Internally Generated Revenue (IGR) generated, accrued, collected and paid to the Government and commissions received from Government or its agencies by the Company since inception of the contract.
Sir, under Section 5 of the F.O.I, the above information, records, file, agreements/documents etc. shall be made available to me within 7 days after the application is received by you and I am ready and undertake to pay all appropriate fees in your duplications and transcriptions of the said documents to meet my request.
Counting on your fullest co-operation.
Yours faithfully,
Dr. Adegbola Dominic
