By Saio Marrah
The Court of Appeal has dismissed the findings of the Commission of Inquiry (COI) chaired by Justice Bankole Thompson in respect of Francis Kaikai, former procurement Officer in the Ministry of Agriculture Forestry and Food Security (MAFF).
The three judges led by Justice Fatmata Bintu Alhadi on Monday 18th September 2023 indicated that appellant Kaikai, was not a person of interest, according to the constitutional instruments that established the COI but the judgment read out by Justice Komba Kamanda, dismissed a claim by Kaikai that the COI did not offer him a fair trial as he was not heard during the investigation. Justice Kamanda said the appellant ought to have brought evidence before the court instead of making a mere complaint.
On issues relating to the purchase of fertilizer, at the Agriculture Ministry, the Court of Appeal noted that the appellant joined the ministry in May 2016 as a Procurement Officer and that records indicate that the project had been at a far advanced stage at that time. According to Justice Kamanda, “the appellant was a Procurement Officer and not in control of the fertilizer scheme. He was at the lower cadre of the management team and did not have the final say neither was his decision imperative”. He said the Minister, Permanent Secretary, and Director of Crops were in full authority and had the overriding power to dictate the purchase of the fertilizers.
According to the judgement the Ministry planned to purchase 94,500 bags of 50kg inorganic fertilizer to distribute to about 750,000 farmers in 13 districts to promote increased agricultural productivity. Justice Kamanda said the Ministry did not have a policy document that would have guided the implementation of the scheme and that eventually caused the mismanagement of the fertilizer scheme and the misuse of government funds.
The judge said for the appellant to be held accountable as a collaborator, the state should have shown that he took an active part in a scheme, where the fraudulent activities of all of them led to either the misappropriation of funds or that the government through their conduct suffered financial loss.
“The appellant was not and did not hold himself out as an expert in the verification or specification of fertilizers and therefore, could not have rejected the purchase of the same. … He was merely part of a team consisting of his superiors whose duties were to instruct him to act accordingly. He could therefore not be held responsible for the act of his superiors”, Justice Kamanda said.
The judge added that there was no evidence to show that the appellant benefited personally from the said fertilizer scheme in any way and “in view of the evidence before the court and law, I hereby make the following orders; that the appeal is allowed…that the adverse findings, report, and recommendations against the Appellant by the sole commissioner…Dr. Justice Bankole Thompson herein, are set aside, each party to bear its cost.”
The COI was set up to examine the assets and other related matters of persons who were the President, Vice President state Ministers, and Deputy Ministers. It was also to investigate Heads and chairpersons of Parastatals and Ministries Departments and Agencies within the period November 2007 and April 2018.
Copyright (2023) Politico (20/09/23)
