… Replies to allegations 

The Honorable Commissioner For Trade And Investment, Dr. Cosmos Ndukwe have stated five reasons why he doubts that the committee set up by Abia State House of Assembly to investigate the allegation leveled against him will give him fair hearing. This statement is contained in a reply by Dr. Cosmos Ndukwe to ABHA as regards the petition which was published by AFNEWS last week. 

In the reply, He revealed that the Chairman of the Investigative Committee, Hon. Munachim Alozie is an interested party in the matter and may likely be biased during the investigation. 

READ FULL REPLY BELOW:

The Honourable Speaker
Abia State House of Assembly
House of Assembly Complex,
Umuahia.

ATTENTION:
HON. MUNACHIM ALOZIE
CHAIRMAN, AD-HOC COMMITTEE
ON INDISCRIMINATE ERECTION OF
STALLS AT EKEOHA SHOPPING CENTRE,
ABA

Sir,

RE: INDISCRIMINATE ERECTION OF STALLS IN EKEOHA SHOPPING CENTRE, ABA-A GENOCIDE WAITING TO HAPPEN

We are solicitors to Hon. Cosmos Ndukwe, the Abia State Commissioner For Trade And Investment (hereinafter referred to as “our client”) and who has referred to us the letter/petition dated 22/8/20 on the above subject with instructions to reply the said letter.

PREFATORY ISSUE
Before we respond to the main issues in the said letter, it is our client’s instruction that we raise this prefatory issue.

Our client is not confident in the ability of this panel as presently constituted to look at the matter dispassionately. In other words, he is not sure that there would not be a likelihood of bias. The reasons are as follows:
i. The chairman of this panel, Hon. Munachim Alozie, we are informed, is also the present chairman of the House Committee on Trade & Investment. It is therefore not unlikely that he has some personal or other interests in the issue of Ekeoha Market and the issues presently before the panel and that may arise in the course of hearing the instant petition.

ii. We are also informed that his brother, Abulotu Alozie is in charge of revenue matters at Ariaria Market and also has some pending issues (query) in respect of alleged forgery of receipts. This issue is presently under the duties of our client as the Commissioner For Trade & Investment in Abia State.

iii. We are also informed that the said Abulotu Alozie has hundreds of shops fully completed and some under construction at the Zone 7 Cemetry, Free Zone Ariaria and at the Ekeoha Market in issue and many others built during the past five years that his elder brother, Hon Munachim Alozie has been committee chairman for Trade & Investment.

iv. We are further informed that another of his brothers, one Ndubuisi Alozie also has some shops at the Park One Ariaria Market ongoing construction above the number allotted to him and there is a pending query before our client, the Honourable Commissioner For Trade and Investment.

v. We are further informed by our client and we verily believe him that Hon. Munachi Alozie (the Chairman of this committee) recently requested our client for approval to allow one of his brothers to construct shops at the space meant for prayers at the Ekeoha Market near Flower Pot, a place which the Governor of the State had visited in person with our client and made clear pronunciation/directive that the said space is not suitable for construction of additional shops.

Sir, in considering whether there was a likelihood of bias, it is not necessary to look at the mind of whoever sits in a judicial capacity or a panel of inquiry. It is also not necessary to look to see if there was real likelihood that he would, or did, in fact, favour one side at the expense of the other. What would be looked at and considered is the impression which would be given to other people. Even if the arbiter was as impartial as could be, nevertheless, if right-minded persons would think that in the circumstances, there was a real likelihood of bias on his part, then he should not sit. And if he does sit, his decision cannot stand. May we refer the Honourable Committee/Panel to the case of UDO V CSNC (2001) 14 NWLR (PT 732), 116 AT 156-157.

You would agree with us sir that even if the chairman was impartial or would be impartial, that in the light of the above facts, a right minded person would assume that there is a potential conflict of interest and or likelihood of bias.

In the light of the above, may we humbly ask that the chairman recuse himself from the panel.

MAIN ISSUES
In Paragraph 1 of the said letter/petition, the petitioners stated that the facilities in the market have been converted into market stalls on the authorization of various commissioners in charge of trade and investment in the past and in the present time by our client.

In reply, our client denies the allegations contained therein as regards himself. It is a well known fact that our client was appointed as Commissioner For Trade And Investment only about Ten (10) months ago.
It is also not in doubt that at the time he took office, there was no fire service/station at the said market. All the said additional floors of lock up stalls were built before his appointment. The alleged conversion of open spaces, walkways, fire station, banking hall, car parks, emergency exits were done before his appointment as Commissioner For Trade And Investment in Abia State. Our client did not do so at all, let alone with the connivance of Mr. Friday Dimiri or any person whatsoever.

In Reply to Paragraph 2 of the said letter/petition, we restate our reply above and further add that it is manifestly false that our client authorized the conversion of the stated facilities in the market. We again state that our client did not approve for construction of two additional floors of lock up shops on top of the original design. Our client did not build any additional stalls/floors without the matching beams, pillars, rods and decks as alleged or in any manner whatsoever. The approvals for the said shops were made by his predecessors in office. The said additional stalls were built by his predecessors in office. It is also pertinent to state that the septic tank was built during the tenure of Senator T. A. Orji, the former governor of the state.

In Reply to Paragraph 3 of the said letter/petition, our client denies the allegations contained therein and further states that he did not and has no intention of turning Ekeoha Shopping Centre into a death trap as alleged either by himself or with the aid of the Abia State Vigilante Services or any person or persons whomsoever.

In Reply to Paragraph 4 of the said letter/petition, our client denies the allegations contained therein and states that it is blatant falsehood for someone to state that our client (by himself or with Mr. Friday Dimiri or any person or persons) disconnected the link of the Market to the EEDC and negotiated with an independent power plant station to supply power to the market and or that he imposed (either by himself or with any person) the independent power plant on the traders at the said market with high billing rate. It is on record and a well known fact the independent power plant/energy supply to the market was done since about 2015, a few years before our client was appointed as Commissioner For Trade And Investment in Abia State.

In Reply to Paragraph 5 of the said letter/petition, our client denies the allegations contained therein and further states that the said paragraph is laden with deliberately concocted falsehood. Our client did not impose “high rate stallage” or any additional fee of any amount whatsoever on traders at the said market. Our client states that the only levy being collected there is the sum of N18,000:00 being consolidated revenue approved by Abia State Board of Internal Revenue. Our Client did not in 2019 or at any time whatsoever share and has not been sharing any 10% of stallage fees with Mr. Friday Dimiri or any person(s). Our client has also not received any illegal sum(s) from traders at the said market.

In Reply to Paragraph 6 of the said letter/petition, our client denies the allegations contained therein and in further answer states that contrary to the allegations therein, the issue of poor network communication at the said market has been there since before his inception of office. It is also a fact that it was our client who finally made it possible for MTN to come in to the market during after his appointment by the Governor of the State as Commissioner For Trade And Investment in Abia State.

In the said Paragraph 6 of the petition, it was stated that in the event of a fire outbreak, there isn’t enough space for fire fighters to drive in their vehicles. In reply, our client states that this is another case of manifest falsehood by persons who are bent only on attaining a specific aim with under-hand means. There is enough space in the market for trailers, let alone fire trucks.

Another instance of patently manifest falsehood in the petition is the allegation therein that it has become a daily occurrence to see decked floors in the said shopping centre collapse injuring traders, their customers and damaging their goods. Contrary to their wild and unsubstantiated allegation, the only known case of collapse at the market is that of a bungalow which was built in 1998, several years before our client’s appointment as Commissioner For Trade And Investment in Abia State.

Our client again states that the additional stalls and or floors were approved by his predecessors in office. Our client was only involved with some re-validations.

Our client has noted your directive to him to submit documentary evidence of approvals for construction made by him since his assumption of office. It is our client’s instruction that he regrets that he would be unable to comply with this directive. The said documents are classified and he is not permitted to divulge such official documents to you by virtue of his oath of office except the Governor of the State declassifies EXCO minutes and approvals.

We are positive that you will be able to understand this position sir.

In Paragraph 8 of the said letter/petition, the writer asks for some reliefs, which include inter-alia, the suspension of our client pending the completion of investigation by this committee.

It is our position that this confirms our client’s information to us that there seems to be a pre-determined purpose for the petition. The writer and or his clients have not revealed how they knew that an ADHOC Committee would be set up for this purpose. Our client also informed us that the petitioners on record do not have any shops at the said market (from available records) and this confirms why, even though there are about four names mentioned in the letter, only one address is stated therein.
We also do not know how they expect our client to be suspended first without hearing from him and without the committee having concluded its investigation. You will agree with us sir that doing so would be contrary to all known rules of natural justice and acceptable norms in a democratic society, more so, when there is no charge against him yet by this committee or in any known court of law. It is pertinent to remind the petitioners and this Honourable Committee that this committee is a fact finding committee and or a panel of inquiry.

We therefore urge you to reject in its entirety the reliefs requested by the petitioners, because granting or acceding to same would only lend credence to the suspicion that the petition was done with ill-motive and with the intention to achieve a pre-determined outcome.

Yours faithfully,

Bertram Faotu
Solicitor