Falana threatens to sue NCC over software contract letter | Nairalaw

Human rights lawyer, Femi Falana, SAN, has threatened to sue
Nigerian Communication Commission, NCC, over its refusal to issue
contract award letters to enable the successful consultant to
deploy software and save Nigeria from further loss of huge revenue
in the telecoms sector.

In a letter addressed to Professor Umar Garba Danbatta,
Executive Vice Chairman and Chief Executive Officer of NCC, dated
December 18, 2018, said the refusal of NCC to issue the contract
award letter is causing the nation to lose revenue of over
N600billion per annum.

The lawyer, herefore, issued a two-week ultimatum to NCC to
release the contract award letter to facilitate the collection of
NCC’s 2.5 per cent annual operating levy and other government taxes
from the Nigerian telecommunication industry.

The letter read: “We have confirmed that Nigerian Communication
Commission under your management has since concluded the
procurement process for the deployment of the revenue assurance
solution that will aid the government to block the leakages
associated with the revenue collection and ensure that the revenue
of over N600 billion that ought to accrue to the government from
the Nigerian Telecommunication Industry is monitored, analyzed and
collected automatically and deposited in the Treasury Single
Account (TSA).

“We are, however, surprised to note that several months after
the issuance of the Concurrence/Guidance on the award of the
contract to the successful consultant by the Federal Ministry of
Finance, your commission has deliberately refused to issue the
contract award letter to enable the successful consultant to deploy
the software and save Nigeria from further loss of huge
revenue.

“As you are no doubt aware, the Federal Government has announced
its plan to diversify the economy by generating revenue from the
non-oil sector. It is our belief that the speedy deployment of the
revenue assurance solution will greatly increase the country’s
non-oil revenue and reduce her dependence on loans from China,
Western countries and International Financial Institutions to fund
the annual budget and the infrastructural development of the
country.”

“In the circumstance, we are compelled to request you to use
your good offices to ensure the immediate release of the contract
award letter to the successful consultant for the deployment of
revenue assurance solution to facilitate the collection of the
Nigerian Communication Commission’s 2.5 % annual operating levy and
other government taxes from the Nigerian telecommunication
industry.

“Take notice that if you fail or refuse to accede to our request
within two weeks of the receipt of this letter we shall be left
with no other alternative than to apply to the Federal High Court
for an order of mandamus to compel the Nigerian Communications
Communication to issue the contract award letter to the successful
bidder in line with the provisions of the Procurement Act.

“Having regard to the facts and circumstances of this matter it
is hoped that you will not allow us to resort to litigation which
will lead to dire consequences for the Management of the Nigerian
Communication Commission for causing the nation to lose the revenue
of over N600 billion per annum.”

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