Benue State House of Assembly has called on the state governor, Rev. Fr. Hyacinth Alia, to immediately remove Dr. Abraham Gberindyer as Auditor-General for Local Governments over alleged financial misconduct.
The House took the decision on Tuesday during plenary presided over by the Speaker, Rt. Hon. Alfred Emberga. The resolution was reached in a Committee of the Whole held at the Assembly Complex in Makurdi, after deliberations on the report of the Joint Committee on Local Government, Security and Chieftaincy Affairs, and Finance and Public Accounts. The committees were constituted to investigate allegations of serious financial impropriety to the tune of N4.6 billion by the Auditor-General for Local Governments.
“That in line with Finding 8, the Auditor-General for Local Governments, Dr. Abraham Gberindyer, be removed from office for gross misconduct, abuse of office, breach of public interest, violation of procurement principles, and conduct unbecoming of a public officer,” the House stated.
The House further resolved that public office holders must be guided by financial regulations in the conduct of financial affairs of their MDAs to avoid leakages.
According to the House, all full-time audit exercises involving external consultants should be subjected to strict procurement compliance, legislative oversight, and value-for-money assessment before implementation.
In its resolution, the House directed that double auditing by hiring external consulting firms to perform the same duties as the State and Local Government Auditor-General should be prevented. It said such engagements should only occur under critical circumstances and with the approval of the State Governor or the Assembly Committee on Public Accounts, to prevent further wastage of resources.
In line with Finding 4, the House condemned in strong terms the award of contracts with 80% advance payment, noting that the practice encourages misbehavior by contractors.
The House also noted that the consultants had expressed willingness to continue with the assignment, particularly the codification of the third tier of government. It stated that codification would help reduce salary excesses by Local Governments and their related agencies. The House therefore urged the consultants and Local Governments to reconcile and review the fees downward for the continuation of the work, in order to avoid unnecessary litigation. The process, it added, should be supervised by the Public Accounts Committee.
The House equally observed that the Office of the Auditor-General for Local Governments Establishment Edict of 1996 is outdated and should be amended into a proper law. The new law, it said, should provide the financial capacity for the Auditor-General’s office to hire professionals and produce audit reports.
Earlier, during the Committee of the Whole consideration of the report clause by clause, the lead debater, Hon. Anthony Agom, member representing Okpokwu State Constituency, said the Auditor-General had written to Governor Rev. Fr. Hyacinth Alia seeking approval to undertake a financial audit of the 23 Local Government Councils through consultants, without disclosing the estimated financial implication.
Hon. Agom stated that while the Governor may not have direct authority to approve expenditure chargeable to Local Government funds, the Auditor-General had a duty of candor, transparency, and good faith to disclose all material facts, including the estimated cost, before seeking approval. The omission, he said, deprived the approving authority of information necessary for an informed decision.
Hon. Agom added that following the Governor’s approval, the Auditor-General unilaterally nominated and engaged two consultants; Abba Adaudu and Nongomin Ter to undertake the exercise at a total cost of Four Billion, Six Hundred Million Naira (N4,600,000,000.00) without complying with Part VIII, Sections 46(i-iii) and 47(1-2) of the Public Procurement Act, 2020, relating to competitive bidding, transparency, value for money, fairness, and accountability.
“That the Auditor-General had previously conducted audits covering substantially the same period and had duly submitted reports to the Public Accounts Committee of the House of Assembly for the preceding year. The proposed exercise therefore constitutes an unnecessary duplication of audit functions already performed by the same office, resulting in the wasteful expenditure of public resources,” Hon. Agom further stated.
According to him, the total contract sum awarded to the two firms was Four Billion, Six Hundred Million Naira (N4,600,000,000.00). The sum of Three Billion, Four Hundred and Forty Million Naira (N3,440,000,000.00) was advanced as payment to the two consultants, leaving a balance of Six Hundred and Sixty Million Naira (N660,000,000.00).
He maintained that Nongomin Ter & Co. was paid in two installments, totaling One Billion, Eight Hundred and Forty Million Naira (N1,840,000,000.00), while Abba Adaudu & Co. was also paid in two installments, totaling Two Billion, One Hundred Million Naira (N2,100,000,000.00), with a balance of Six Hundred and Sixty Million Naira (N660,000,000.00) outstanding.
He stated that the two consultants were invited and detained at the EFCC office in Makurdi and were directed to refund monies paid to them by the Local Government Councils. Nongomin Ter & Co. refunded Nine Hundred and Seventy-Five Million Naira (N975,000,000.00) to the EFCC, while Abba Adaudu allegedly refunded nothing, claiming it was unprofessional and that work had already commenced.
“That Nongomin Ter, in his brief, stated that he was to conduct a financial audit of the Local Government Education Authorities for a 10-year period at Forty Million Naira (N40,000,000.00) per year for each LGA, multiplied by 23, totaling Nine Hundred and Twenty Million Naira (N920,000,000.00). The personnel audit of pensioners was Ten Million Naira (N10,000,000.00) per LGEA multiplied by 23, totaling Two Hundred and Thirty Million Naira (N230,000,000.00). This gave a grand total of One Billion, One Hundred and Fifty Million Naira (N1,150,000,000.00). He, however, could not explain how he was paid outrightly the sum of One Billion, Eight Hundred and Forty Million Naira (N1,840,000,000.00),” Hon. Agom said.
He stated that the Auditor-General for Local Governments does not have sufficient funds allocated to his office to hire professionals to assist in duties under Edict No. 10 of 1996, Section 7(E). Instead, he relies on Local Government funds to carry out audits and print reports for the Public Accounts Committee. Hon. Agom concluded that the Auditor-General failed to faithfully discharge the duties of his office in accordance with the Constitution, applicable laws, and public interest. By facilitating an exercise characterized by non-disclosure, procurement irregularities, duplication of functions, and disproportionate expenditure, the Auditor-General acted contrary to his oath to discharge his responsibilities honestly, faithfully, and in the interest of the State and Local Governments.
After deliberations in the Committee of the Whole, Speaker Rt. Hon. Emberga put the matter to a voice vote, and the House overwhelmingly resolved on the immediate removal of Dr. Abraham Gberindyer as Auditor-General for Local Governments.
The Speaker subsequently directed the Clerk of the House, Dr. Bem Mela, to communicate the resolutions accordingly to all relevant authorities.
