NBA Did Not Spend N64m Of Macarthur Fund Illegally– AB Mahmoud Chief Of Staff, Muritala Abdul Rasheed (Murray)

* Says Past administration responsibility for the enactment of ACJA in 11 states
* Accuses NBA President, Of Using Media To Spite them

Murtala Adbul-Rasheed, Chief of Staff to the Immediate President of the Nigerian Bar Association (NBA 2016- 2018), who was also the ACJA Project Coordinator, has written a rejoinder to the report by Bridget Edokwe, that Past NBA officers spent N64 million from MACARTHUR account illegally, and that the foundation insists that NBA must refund same.

Rasheed in his rejoinder made it clear that the information is not correct, stressing that he intend making the record straight.

According to him, the fund was not managed by the Project management Team of the Administration of Criminal Justice Reforms Project, stressing that no member of the team was a signatory to the account.

Below reads the full press statement

RE: PAST NBA OFFICERS SPENT N64 MILLION FROM MACARTHUR ACCOUNT ILLEGALLY, FOUNDATION INSISTS NBA MUST REFUND. By Muritala Abdul-Rasheed, Esq.

My attention has been drawn to a sponsored news item in a law blog known as BarristerNG.com, written by one Bridget Edokwe on Sunday, 12 May 2019.

The purpose of this rejoinder is to set the record straight. Let me state from the very beginning that the title of the news release is as misleading as the information conveyed in the content. Contrary to the story in the news release, the past NBA Officers under the administration of Abubakar B. Mahmoud OON, SAN did not illegally spend N64 million from MacArthur Foundation project account as the story purports to establish

The misleading story from the law blog also stated incorrectly that the NBA criminal justice project account was managed by NBA Officers led by the “influential former NBA Publicity Secretary, Mr. Muritala Abdul-Rasheed popularly known as “Murray”.

It is important to note that Muritala Abdul-Rasheed was not an

Officer of the NBA under the past administration of the NBA led by Abubakar B. Mahmoud, SAN, and was not one of the persons mandated by the NBA Constitution to manage the  project accounts. The appropriate persons  authorized by the NBA constitution to manage all NBA accounts are the President, General Secretary and Treasurer. They are also the only signatories to  the to the Mac Arthur project accounts (Dollar and Naira)

The foregoing shows that the law blog story  under review was not only factually inaccurate but also demonstrates that the writer, Bridget Edokwe, lacks the knowledge and understanding of the organizational workings of the NBA, that is even if it is not assumed she is outrightly malicious

Going by the sheer recklessness of the publication without recourse to the basic tenets of journalism of finding out the truth from all parties before going to the press, it is difficult not to believe that the law blog,  BarristerNG.com, was not  being used to tarnish the image of the past NBA Officers under the leadership of Abubakar B. Mahmoud, SAN.

As a matter of fact we have credible evidence that the blog was, at least in this instance, a sponsored agent of some vested interests to attain some ignoble and sinister purpose.

It is no surprise that the present leadership of the Bar has never acknowledged (either publicly or otherwise) any good work done by its predecessor but has gone to town to mischievously portray the administration and its leadership as fraudulent, reckless and patronizing for political extortion.

This is rather unfortunate considering the fact that an institution like NBA is a continuum, requiring progressive consolidation of efforts from one regime to the other so as to make the body virile, dynamic effective and efficient on sustainable basis.

THE TRUE STORY ABOUT THE NBA-MACARTHUR PROJECT.

During the tenure of the past NBA administration of Abubakar B. Mahmoud, SAN, in 2017, the Nigerian Bar Association started the implementation of an Administration of Criminal Justice Reform Project The Project, which relates to promoting the domestication and implementation of the Administration of Criminal Justice Legislation across Nigeria, is being funded by the John D. and Catherine T. MacArthur Foundation.

To successfully implement the Project, the then leadership of the NBA set up a Project Management Team, which I had the privilege of leading as the Project  Coordinator . From 2017 to 2018, the Project Team successfully supported advocacy and education that led to the passage of the ACJ laws in eleven (11) States and also initiated Implementation Steps in more states across Nigeria. The Project Team also developed the NBA Elearning Management System for use by the NBA Institute of Continuing Legal Education, ICLE with a view to providing Continuing Professional Development to Nigerian lawyers,under the continuing legal education and capacity development for legal practitioners` component of the Project.

The NBA Administration of Criminal Justice Reform Project is a 3year project. At the inception conference where the NBA launched the project, over 20 State Attorneys General and Commissioners for Justice attended, Fifteen  (15)  State Chief Judges and  other stakeholders were also in attendance. The project inauguration  generated interest and momentum that led to widespread Criminal Justice reform activities in many States in Nigeria.

THE ROLE OF THE PROJECT MANAGEMENT TEAM.

The Project Management Team implemented the Year One phase of the Project from October 2017 til August 31^st, 2018, when it handed over to the newly elected NBA National Officers, who assumed office in September, 2018.

However, before the departure of the Project Management Team, we prepared a detailed Hand-Over Reports in August 2018 and subsequently forwarded Year One Project activities Report to the NBA leadership in December 2018, which was subsequently submitted to MacArthur Foundation as the formal NBA Phase one project report.

It is important to note  the specific  role of the Project Team in the whole gamut of managing the NBA Administration of Criminal Justice Reform Project. While the Project Management Team closely supervised project activities and ensured implementation in accordance with the project narrative and budget, the Project Team did not have access to the Project account. The team did not also manage the funds. No member of the Project Team was a signatory to the NBA administrative and project accounts. This can be verified by anybody who cares to know the truth.

PROJECT FINANCES

The MacArthur Foundation required the NBA to open a Project Account for the exclusive use of the Project. The NBA-ACJA (US Dollars and Naira) Project Bank Accounts were opened with Access Bank Plc. in September, 2017. The authorized representatives to the accounts as listed under article 18(2) of the NBA Constitution were NBA President ,General Secretary and NBA Treasurer . For the sake of emphasis, the Project Management Team was not appointed as signatories to the Project Bank Accounts.

The MacArthur Foundation also required the NBA-ACJA Project Grant to be expended in strict compliance with the approved Project Budget, which had been prepared in April 2017 by the Project Administration and Finance Officer. All expenditure requests authorized for the NBA-ACJA Project activities within year 2017-2018 by Project Administration and Finance Officer were therefore in accordance with approved line items and sums under the NBA-ACJA Project Budget.

The Project Management Team did not have access to the NBAACJA Project Bank Accounts and all disbursements from same were made by the NBA Accounts Unit as directed by the leadership of the bar.

In the course of implementing the NBA-ACJA Project throughout year 2017-2018, the Project Management Team was not provided with any verified Bank Statements on the NBA-ACJA Project Bank Accounts and had to rely on periodic updates from the NBA Accounts Unit.

During one of such updates on the NBA-ACJA Project Accounts in August 2018, the then Head of NBA Accounts Unit, informed the Project Management Team about some withdrawals from the NBA-ACJA Project Bank Accounts which information was immediately relayed to the former NBA  President.

PROJECT MANAGEMENT TEAM AND OFFICE OF THE PRESIDENT OF THE NBA.(OPNBA)

When Mr. Abubakar Balarabe Mahmoud SAN assumed office as the President of NBA in August 2016, he engaged a team to assist him in delivering on his mandate with the approval for NEC in Aba. The team members were to work exclusively in the Office of the

President of the NBA, (OPNBA). In October 2017, when the NBAACJA Project commenced, the five-member NBA-ACJA Project Management Team was selected from the persons already working in the OPNBA.

So, the Project Management Team and other OPNBA staff members were not employed by the MacArthur Foundation at any point before or during the course of the NBA-ACJA Project. It could be deciphered from the foregoing that prior to the commencement of the NBA-ACJA project in 2017, all Project Management Team Members had worked as staff of the NBA since August 2016 and were primarily appointed on a two (2)-year contract in the OPNBA with the responsibility of  assisting the NBA President in the implementation of the NBA Strategic Plan (20162018) ,and in developing partnerships and programs on behalf of the NBA with the MacArthur Foundation and other leading Nigerian and international organizations such as the United Nations Office on Drug and Crime, United Nations Development Program, American Bar Association, British Council, British Nigeria Law Forum, Rule of Law Enterprise, (ROLE) UK, UK Aid, Bar Human Rights Committee of the Bar Council of England & Wales, Law Society of South Africa, Legal Aid Council of Nigeria, Infrastructure

Concession Regulatory Commission, Office of the Senior Special Assistant to the President of Nigeria on Sustainable Development Goals, Dangote Foundation and Shehu Musa Yar’Adua

Foundation.

The NBA-ACJA Project Budget did not include any salaries and allowances for the Project Management Team or other OPNBA Staff members. The only concession granted therein by MacArthur Foundation, in consideration of the time and effort of the Project Management Team on the NAB-ACJA Project were: a 50% “Time Contribution” totaling US$50,976 (Fifty Thousand, Nine Hundred and Seventy Six US Dollars) meant to augment the salaries already being paid by the NBA to them, US$3,020 (Three Thousand and Twenty US Dollars) for one-off purchase of project (office) Equipment and US$ 17,774 (Seventeen Thousand Seven Hundred and Seventy Four US Dollars to cover the NBA-ACJA Project Administrative Costs (communication, transportation, office stationery and supplies).

These concessions granted by the MacArthur Foundation were stated in the NBA-ACJA Project Budget and expenditure requests for same were authorized by the Project Administration and Finance Officer for the total sum of US$71,770 (Seventy-One Thousand Seven Hundred and Seventy US Dollars) which was fully withdrawn by the NBA since December 2017.

The Project Management Team and other OPNBA staff members were not paid any part of the  sums of money withdrawn from the NBA-ACJA Project Accounts. Between August 2016 to July 2018, their salaries and allowances were paid as at when due from the NBA`s Administrative Bank Accounts. The NBA, however, still owe former OPNBA staff members’ outstanding salaries for the month of August 2018.

The Project Management Team flagged and raised the issues of withdrawals as reported by the NBA Accounts Unit to the then President, NBA General Secretary and NBA Treasurer.

The Project Administration and Finance Officer,M/S Zainab Animashaun also  reported the withdrawals from the NBA-ACJA project Bank Account in her August 2018 Hand Over Reports to the NBA and requested for an External Audit of the NBA-ACJA Project Accounts to determine the actual use for which the funds were expended by the NBA.

It is important to note that the issues of withdrawals from the NBA – ACJA Project Bank Account were not discovered by the Auditors hired by the current NBA National Officers and current leadership of the NBA but reported by the Project Administration and Finance Officer contrary to the claims of the current leadership of the NBA. When the then Head of NBA Accounts Unit informed the Project Management Team about the withdrawals, the Project

Management Team reported the withdrawals to the then NBA President, Mr. Abubakar B. Mahmoud, SAN, who started taking steps to address the issue and directed that the money  which was spent on the auditorium and completion of 2nd to 5th floors of NBA HOUSE  be returned to the project account.

Mr. Abubakar B. Mahmoud, SAN also reported the issue of withdrawals to the current President of the NBA, Paul Usoro, SAN. Mr. Abubakar Mahmoud, SAN, the current President of NBA Paul Usoro, SAN and the leadership of the Project Management Team met on many occasions to discuss the issue of the  withdrawals and how to solve the problem. All these meetings held long before the current NBA Leadership hired Pricewaterhousecoopers ( Pwc)  as External Auditors. The point is that the issue of the withdrawals was not hidden from the current NBA leadership.

Members of the Project Management Team have, on various occasions between August 2018 to March 2019, met with representatives of the current NBA administration including its appointed Auditors, Price Water House Coopers to provide clarifications on the NBA-ACJA Project.

THE NBA NATIONAL EXECUTIVE COMMITTEE MEETING RESOLUTION.

The issues relating to the  N64 Million spent from the NBA-ACJA project funded by MacArthur Foundation were extensively discussed and closed at the last NBA-National Executive Committee, (NEC) meeting of March 28, 2019. At the said NBANEC meeting, NEC passed a resolution that the N64 Million in question should be treated as debt which the NBA owes. NBA NEC also directed that the current NBA leadership should pay back the sum of N64 Million to the NBA Administration of Criminal Justice Project Account.

The rationale for the NEC resolution was that the money was spent on NBA public interest projects and infrastructure including the completion and furnishing of the current NBA auditorium which the current NBA administration has been using to hold meetings and events. It was in this same auditorium that the last NBA NEC meeting was held in March. It is worthy of mention that the usage of the auditorium to host NBA meetings and events has saved the NBA milions of naira on venues.

I therefore wish to use this medium to place on record that the NBA Past Officers never misappropriated the sum of N64 million as the law blog wrongly stated.

I must here reiterate that at no time did the Past National Officers of the NBA under the leadership of Abubakar B. Mahmoud, SAN misappropriate N64 million. The said sum of money was used for  the completion and furnishing of the NBA Auditorium and the incomplete floors  at the NBA House  in Abuja. It’s also imperative to state here that the MAHMOUD administration executed the project through the Contractor appointed by its Predecessor with due adherence of  his terms of Contract

Apart from the NBA Criminal Justice Reform Project funded by MacArthur Foundation, the NBA Past National Officers led by Abubakar B. Mahmoud, SAN, initiated many other laudable public interest programmes and projects, which can never be eclipsed or overshadowed by the falsehood in the infamous law blog publication.

I am happy to state that before my tenure ended as Project Coordinator, the NBA Administration of Criminal Justice Reform Project Team had successfully advocated State-level adoption in more 11 states across Nigeria. My team was also on the verge of advocating the adoption of the ACJA 2015 in the remaining states across Nigeria before our tenure ended in August 2018.

Among the public interest programmes initiated by the past NBA administration of Mr. Mahmoud were Task Forces on North East and the Niger Delta. The NBA also signed Memoranda  of Understanding with Legal Aid Council on pro bono provision of legal Services and Office of the Senior Special Assistant to the President of Nigeria, on Sustainable Development Goals, SDGs, relating to Goals 16 and 17. The MOU with the SDG Office resulted in the donation of two brand new buses to the NBA. The current NBA administration is enjoying the two buses at the moment. The immediate past NBA administration also developed Peace

Building and Conflict Resolution initiatives . This led to successful Missions to conflict areas in Benue, Kaduna and Zamfara States. Abubakar B. Mahmoud, SAN also convened a meeting between the NBA and over 20 Development Partners to explore areas of collaboration.

But before the initiatives, the immediate past NBA leadership developed and published the first ever NBA Strategic Plan that was approved by NBA NEC in ABA.

Ordinarily, subsequent administrations and elected NBA National Officers already have their work cut out for them in the Strategic Plan. But unfortunately, the tragedy of the NBA as an Association has always been lack of continuity of programmes and policies.

Ever since the immediate Past NBA Officers handed over to the current NBA leadership, all the above-mentioned public interest programmes and projects have not been given any attention with a view to implementing them, including the NBA Criminal Justice Reform Project funded by MacArthur Foundation .

My advice to the present leadership is  that it should “reflect” on its manifesto which I read in draft rather than run a clannish regime whose main agenda is to pull down its predecessor and to witch-hunt ,blackmail and harass former staff of the OPNBA and staff of the NBA Secretariat perceived to be loyal to the MAHMOUD administration.The pull them Down syndrome is gradually becoming a blight within the bar community,one would have hoped that the leadership who claimed to be a victim of witch-hunt by the State will be immune to it.

Dated at Kaduna this 15th day of May, 2019

Muritala Abdul-Rasheed, Esq. (a.k.a Murray) NBA-ACJA Project  Coordinator/Chief of Staff to the NBA  President 2016 -2018