Secret Reporters No place to hide
Secrets Reporters
In a startling discovery, the Ministry of Aviation in Nigeria has been found to be awarding contracts to civil servants, in direct violation of the Code of Conduct Bureau’s regulations for public servants. This investigation uncovers a web of infractions, with a prominent case involving Moses Afemikhe, a Senior IT Consultant at the National Identity Management Commission, who is also the director of Datamart Global Solution Limited.
According to the Fifth Schedule, Part I of the 1999 Constitution of the Federal Republic of Nigeria, public officers are prohibited from engaging in private business, except farming. Additionally, the Code of Conduct Bureau and Tribunal Act, CAP C15 LFN 2004, prohibits public officers from maintaining or operating a private business that is in conflict with their official duties.
Moses Afemikhe has been leveraging his position to corner contracts from the federal government through his company, Datamart Global Solution Limited. The company, incorporated in Abuja on June 8, 2009, has been involved in numerous transactions with various government ministries and agencies. Despite the company’s registered status is inactive, meaning it is committing the crime of tax evasion, it has continued to secure substantial contracts.
Tax evasion is a serious offense in Nigeria, addressed by several key legislative provisions. The Personal Income Tax Act (PITA), Cap P8 LFN 2004 (as amended), in Sections 94 and 97, prescribes penalties for making false statements and failing to furnish required tax returns. Similarly, the Companies Income Tax Act (CITA), Cap C21 LFN 2004 (as amended), under Sections 55 and 40, mandates companies to file accurate returns and imposes penalties for incorrect declarations.
The Federal Inland Revenue Service (Establishment) Act, 2007, in Sections 40 and 41, empowers the FIRS to investigate and prosecute tax evasion, while the Value Added Tax Act (VATA), Cap V1 LFN 2004 (as amended), under Sections 28 and 37, imposes penalties for failure to register, collect, and remit VAT, and for making false declarations. Additionally, the Economic and Financial Crimes Commission (EFCC) Act, 2004, in Section 46, includes tax evasion as an economic crime, empowering the EFCC to prosecute offenders.
Furthermore, the Tax Administration (Self-Assessment) Regulations, 2011, outline taxpayer responsibilities and penalties for non-compliance. These laws collectively ensure compliance and accountability in Nigeria’s tax system, with severe penalties, including fines and imprisonment, for violators.
Moses and his accomplices yet to be uncovered gulped a total of ₦98,752,209.50 from these contracts fraud.
On January 28, 2022: The Federal Ministry of Works and Housing paid ₦8,512,640.00 to Datamart Global Solution Limited. This payment was made for the rehabilitation of dead-end libraries in field offices in Plateau and Kaduna states.
On May 17, 2022: The Federal Ministry of Aviation paid ₦11,733,760.00 to Datamart Global Solution Limited. The payment was for the design and development of a dynamic web portal for the national carrier, Nigeria Air.
On May 10, 2023: The National Population Commission paid ₦78,505,809.50 to Datamart Global Solution Limited. This payment represented a 30% mobilization fee for the provision of logistics services for the movement of census materials.
These revelations raise significant concerns about the adherence to ethical standards and regulations within the Nigerian public service. Meanwhile, efforts to reach the company and the ministry were unsuccessful as of the time this report was being filed.
