Investigation: Cross River Contractor Fails To Deliver After N143m Payment

Had the contractor delivered the job Marvellous Simon Friday and his gang would not have been able to steal cassava from the farm and the security man would not have been put at risk.

By Archibong Jeremiah

This investigation reveals discrepancies between the payments made to Ijo Maritime Services Limited and the absence of tangible work being done. Visits to the locations and interviews with community members and local officials paint a picture of frustration and disappointment at the lack of progress on these critical projects. The apparent mismanagement of public funds and the failure to fulfil contractual obligations raise serious concerns about accountability and the effective use of public finances.

Mr James Asuquo, Head Teacher of Government Model Primary School in Idundu, Akpabuyo local government area of Southern Cross River State was passionate about becoming a teacher to build future leaders. Having spent close to three decades doing what he loves, teaching, his passion is fast fading away due to poor working conditions.

Built in 2019 for N145,015,738.88 (one hundred and forty-five million, fifteen thousand, seven hundred and thirty-eight naira, eighty-eight kobo) by Ijo Maritime Services Limited and commissioned in 2020, the school has no functional toilet because the construction of all 16 toilets was abandoned.

It also lacks a source of water because a motorised borehole of N7,203,706.65 (seven million, two hundred and three thousand, seven hundred and six naira, sixty-five kobo) was constructed by Bejul Nigeria Enterprise. It did not last two months before packing up and has not been repaired four years after. 

The Model School which by its nature was to be better than regular ones also has no electricity because Idundu and a greater part of Akpabuyo have been in darkness for over two years due to vandalism of public power infrastructures in the community.

The building was poorly constructed: leaking roof, cracked walls and split beams by the walkway, posing a threat. Remarkably, staff and pupils practise open defecation.

On one occasion, a snake attacked the Head Teacher while defecating in the bush. Recounting the ugly incident to TheInvestigator in an earlier investigation by this reporter, Mr Asuquo said, “To be candid we are going through untold difficulty. There was a day I was seriously pressed, I went into the bush to ease myself. I was attacked by a very big snake. If I, as an adult, could face such a thing, what about the younger ones?”

Miss Magdalene Bassey, a Primary 6 pupil lamented about not having water, she revealed that the nearest place they fetch water is a stream not too far, but “One day a madman attacked us”. 

She also observed that pupils are not happy with the learning environment and want a change.

The contract to build the model school and drilling of a borehole was awarded to Ijo Maritime Services Limited and Bejul Nigeria Enterprise was awarded by the Cross River State Universal Basic Education Board (SUBEB) in 2019.

Ijo Maritime Services Limited, which has made teaching and learning difficult for staff and pupils of Government Model Primary School Idundu, was engaged by the Cross River Basin Development Authority (CRBDA) and paid N143,016,470.22 (one hundred and forty-three million, sixteen thousand, four hundred and seventy naira, twenty-two kobo) for six projects. Like the school, it delivered a shoddy job, altered contract, and cannot show any evidence of money spent.

Altered Contract

It was a warm Tuesday morning in Ikot Ntung Ubium, Nsit Ubium Local Government Area, LGA, Akwa Ibom State. The atmosphere was peaceful, the sky blue and the breeze gently caressing the skin when Monday Johnson was attacked by Marvellous Simon Friday and his phone seized.

“You will tell me who gave you the authority to report me to the police,” angry Marvellous yelled in Ibibio (native Akwa Ibom dialect) as he casually walked away with Monday’s phone.

Monday who is a staff of the Cross River Basin Development Authority (CRBDA) is the security man at Nsit Ubium Irrigation and Flood Control Project, KM 12 Eket-Oron Road. He was bewildered because Marvellous attacked him (Monday) for going to the Police after he was caught in the wee hours of Friday, May 17, 2024, stealing cassava from an Irrigation and Flood Control Project site turned farm. His accomplices escaped in the process.

The Nsit Ubium Irrigation and Flood Control Project site is used for farming and sand mining. Security challenges and erosion bedevil it. To solve them, the Cross River Basin Development Authority contracted Ijo Maritime Services Limited to reclaim the project site.

Records obtained from GovSpend, an analytics tool designed to give user-friendly access to information on daily spending at all levels of government, showed that on December 4, 2023, the contractor was paid N40,131,728.19 (forty million, one hundred and thirty-one thousand, seven hundred and twenty-eight naira, nineteen kobo) for the job.

Had the contractor delivered the job Marvellous Simon Friday and his gang would not have been able to steal cassava from the farm and the security man would not have been put at risk.

The cause of the erosion eating the farmland is sand mining. A private contractor whose details TheInvestigator was unable to obtain mine sand inside the irrigation project site thereby, posing a threat to the farmlands. 

There is no signpost or anything bearing who the miners are and villagers  in the area also do not know the company’s name. Its supervisor at first pretended to be a farmer clearing his farmland when approached. Upon realising that he could not fool this reporter, he directed him to an earlier location they had mined that it was the erosion site. 

He only allowed this reporter access to their premises on the condition that no dredger or worker would be snapped or videoed. While there, they were actively harvesting sand from a new site and a foreign contractor came and paid for sand.

Analysing the project site, TheInvestigator can report that the company had been mining sand in that location for over five years.

The Cross River Basin Development Authority never carried out the contract as approved. Rather than reclaiming the site bedevilled by erosion and security problems, after getting approval and funding, they altered the project to build an office block instead.

An insider familiar with the details of the contract confided in TheInvestigator anonymously: “Reclamation was used so that it could pass through the budget, meanwhile the intention was to build an office space.”

The building intended for administrative purposes has been completed but is yet to be painted and fitted with electrical appliances and furniture. The two soakaways serving the building are halfway completed and still exposed.

Community Resorts To Self-Help

During rainy seasons, farmers at Nung Ikot Udo Offiong, Oruk Anam LGA battle flooding. In 2019, it was so heavy that it swallowed farmlands and blocked access roads. Millions of naira were lost to the flood and Ijo Maritime Services Limited was also contracted to reclaim this land.

The records from GovSpend also show that N15,054,290 (fifteen million and fifty-four thousand naira, two hundred and ninety kobo only), was paid to the contractor on December 9, 2020, for the contract. 

TheInvestigator established that four years later, the contractor (Ijo Maritime Services Limited) had not executed the contract.

After waiting for government intervention to no avail and being left with no option, the community decided to take their fate into their own hands by creating water channels inside the farms and on the road, then linking them to pits meant to suck the water into the ground. They routinely maintain these by clearing the channels occasionally.

When this reporter visited the community, excited leaders took him to the flood site and proved that the contractor had not visited the site, let alone worked on it.

Akan Imoh Udom, Nung Ikot Udo Offiong Youth President had this to say “We are grateful to see you. The year  2019 was quite unfortunate, we lamented so much, and we had so much flooding in this place.”

Furthermore, he revealed that “It was neither motorable nor walkable, and people from neighbouring villages came to see what was happening, even I was so shocked to see that thing happening, this is the exact place it happened in 2019. All the crops here got spoiled.”

When asked if the contractor had visited the community or the farmland, the Youth President said “We have never seen the contractor or any person coming to say this is what we are going to do in our village.”

He lamented that they had been cheated. “We have been cheated so much, there are tears in our eyes. If such a project came to the village at least all of us ought to know about it and stand up to assist those people. We should have stood with them to ensure the project goes forward, harder and harder.”

Prince Akwawo Akpan Sampson, the Village Chief’s son, corroborated the Youth President’s position to TheInvestigator. He said, “I have not seen any contractor as a result of this flood issue.”

He stated further: “According to my fathers, this flooding happens every 10-15 years. If you calculate from 2019 till date, it will soon happen again. We are waiting for the government because they alone have the power to help us.”

Shoddy Jobs

Also, in 2023, the Cross River Basin Development Authority engaged Ijo Maritime Services Limited to construct the Owakande irrigation project in Obubra LGA, central Cross River State, the details include the provision of drainage on the access road, replacement of broken fence around the project office, and supply/installation of air conditioners.

On the 19th day of August 2023, the contractor was paid N16,251,137.72 (Sixteen million, two hundred and fifty-one thousand, one hundred and thirty-seven naira seventy-two kobo only). 

Upon inspection of the office compound, TheInvestigator noticed that the contractor did a shoddy job.

A section of the fence has collapsed due to water pressure. The drainage on the access road was done on one side of the fence, leaving the other side. No air conditioners were seen on the premises.

The same company was hired to construct two solar-powered boreholes at Ogudu Ichikara Ogbuegu, Okposi Okwu Ohaozara LGA in Ebonyi and Itu LGA in Akwa Ibom. July 2, 2021, N20,913,447.91 (Twenty million nine hundred and thirteen thousand, four hundred and forty-seven naira ninety-one kobo) only was paid. 

The location of the borehole in Itu could not be found in the LGA which occupies a landmass of approximately 200 square kilometres. Searching for the location took five hours without luck. The one in Okposi Okwu Ohaozara LGA was constructed but it packed up shortly after commissioning and the sumo pump is missing.

Ebube Chukwu, a native of the community told TheInvestigator that they were in dire need of water and electricity.

Sharing their plight, he said, “We don’t have water facilities here, we have been looking for a means for the government to help us.”

On the state of the solar-powered borehole, Ebube said, “It was three to four years ago they constructed it. But it worked for some time and stopped. We called a plumber to check it and we found out that it doesn’t have a sumo pump inside. We don’t know if they put it and pumped water to fill the tank, tested it and then removed the sumo.”

On how they get water, he said, “We buy water from a man that uses a bike, he sells seven 25-litre jerry cans for N1,000. The other option is to go to the river and it is very far.”

Pouring out his frustration, he maintained, “We feel as if we are not part of the government. The government should help us, we have old women and students, and we need water. We need water and electricity, we don’t have the two, the government should just help us out with water and if they do we will be very happy.”

Previous Indictment

In 2019, the government of Cross River State initiated 36 educational projects; 12 were for the construction of model schools, 12 others for constructing motorised boreholes, and another 12 were for rehabilitating classrooms and hostels.

Scrutinising procurement records from the state’s Due Process and Price Intelligence Bureau, TheInvestigator discovered that eight out of the 12 model schools built were constructed by four companies owned by Inaku Jonathan Uko, who at the time was the Chairman of the Cross River State Civil Service Commission.

The companies are: Implementing Technology Ltd, Royal Touch Technology Limited, Rennies Works Ltd, and Ijo Maritime Services Ltd.

Again, in 2022, contracts for another 47 educational projects were initiated and Uko’s four companies got five of them, making a total of 13 contracts he got out of 83 between 2019 and 2022. The contracts are worth over N500 million.

The award of the contracts to Uko’s companies violates Section 3 sub 1 (2) of the Cross River State Procurement Guidelines and Rules which state that “contractors, no matter how competent, should not be loaded with contracts at any given time.” 

Records from the State’s Due Process and Price Intelligence Bureau (DPPIB) also show that the company was contracted to complete a block of five classrooms with an office and toilet at the Police Primary School Ogoja on May 19, 2022. Thirty-five million was paid to deliver the job in four months.

Like the Government Primary Model School Idundu, the Police Primary School in Ogoja LGA, courtesy of the poor job done by Ijo Maritime Services Limited, from the Head Teacher’s office through other offices to the classrooms, the walls are cracked. The foundation of the building is shaky, as erosion is fast washing it away, and some classrooms leak profusely.

Mr George Peter, the Head Teacher of the school told TheInvestigator that the substandard materials used for the building by the contractor hurt them. According to him, students openly defecate because the only good toilet is used by staff, and when it rains water from the leaking roofs disturbs teaching and learning.

“When I came, I noticed the cracks in the wall. I don’t know the cause but technically you can see that it was not a quality job. In the toilet, the plumbing system is not complete, no drainage is provided for the toilet, the wires used for the electrical are fake, and each time we use our generator it gets so hot.”

Ntol Comprehensive Secondary School Ndok in Ogoja has two contracts awarded to Ijo Maritime Services Ltd (construction of a block of four classrooms, N254 million) and Implementing Technology Ltd (rehabilitation of a six-classroom block, N43 million). The two buildings were poorly built, the roofs were leaking and cracks in the wall.

Click here to read more about previous investigations.

CRBDA Fail To Ensure Accountability

Cross River Basin Development Authority is a special-purpose vehicle set up to intervene in food security and accelerate agricultural development through land and water resources management.

Decrees Nos. 25 and 37 of 1976 established 11 River Basin Development Authorities, including the Cross River Basin Development Authority. The Authority was formally inaugurated on 26th May 1977 by the then Federal Commissioner of Water Resources, Alhaji Ibrahim El-Yakubu. Its jurisdiction initially included the whole of the then Anambra, Imo States and part of Benue State. In 1979, the Cross River Basin Development Authority assumed its present geographical entity courtesy of Decree No. 87 of 28th September 1979.

The agency operates under a board of directors consisting of a chairman and eight members with the Managing Director as one of the members. The board formulates policies, guidelines and programmes in keeping with government objectives which Management is expected to execute.

Section 20, sub 1 of the Public Procurement Act of 2007 places the burden of ensuring accountability in the procurement of goods and services on the Managing Director of CRBDA, Engr. Bassey E. Nkposong.

The first stage of contracting is need assessment before budgeting and once approved the agreement entered into with the contractor ought to be in line with that, any diversion without following the stipulated process does not align with the responsibility of the Accounting Officer as spelt out in section 20, sub 1 and 2 of the Procurement Act, 2007. 

Section 16, sub 6(i) of the Act which mandates that a bidder must have “professional and technical qualifications to carry out particular procurements” was also violated. CAC incorporated the Ijo Maritime Services Limited on March 7, 2013, for Shipping/Marine Engineering. Owned by Inaku Jonathan Uko, Ayim Princewill Peter, and Ikoriatem Uko Inaku are directors. 

The Cross River Basin Development Authority failed in its responsibility by allowing a contractor not qualified to be awarded contracts worth N143,016,470.22 (one hundred and forty-three million, sixteen thousand, four hundred and seventy naira, twenty-two kobo), altering a contract after statutory approvals and not following up to ensure they were executed as budgeted.

Procurement Violations Undermine Public Trust In Government – CSOs

The Executive Director of Policy Alert, Tijah Bolton-Akpan, who analysed the implications of procurement violations on governance said the lack of prosecution and political will by government institutions to ensure the procurement provisions are adhered to will continue to erode the trust in government by the people. 

“Globally, public confidence and distrust in government is at its peak. This is going to continue if we do not address issues of procurement corruption. So, when we fail to address that reinforces that mistrust in government,” he said.

Indicting the contractor and the procuring entity he said, “If you look at Section 23 of the Public Procurement Act of 2007, it is very clear on the powers that procuring entities have the power to set minimum criteria, the qualifications to pre-qualify contractors or service providers for jobs, right, and they are expected by the law to apply all these criteria when it comes to deciding as to who qualifies.”

Rhetorically he questioned, “The challenge we have is that we have seen so many cases of violations like this, journalists like you will point them out, and civil society organisations will track and point out these red flags, but what will we get to see?

 “So, it appears that the whole reform around public procurement in the country is not resulting in the kind of accountability that one wants to see. So, I think that what we need to see is a lot more penalties for violation of the procurement law”.

Richard Inoyo the Country Director of Citizens Solutions Network called for more investigations exposing issues of procurement violations.

“The truth is that it has been a long practice where contracts are awarded to unqualified contractors. And sometimes when these contracts are executed, they are badly done.” 

Inoyo said procurement violations are a “Reflection of institutional carelessness on the path of the leadership of these MDAs across the country. So it’s a sad development because when contracts or projects are awarded, without going through the right process, what you’re going to have is the emergence of unqualified persons taking over those contracts and then doing bad jobs.”

Inoyo noted that many taxpayers are not interested in how their taxes are utilised, which is encouraging procurement and other frauds in the country. 

Contractor Responds

Uko was contacted by TheInvestigator to get his response about the findings of this investigation. On the 29 of May 2024, this reporter met with in front of the CRBDA office in Calabar at about 6:15 pm. 

He denied that his company lacked the professional qualification to execute the contract adding that he removed himself from the company’s leadership long ago. A quick check on the CAC portal says otherwise. There is only one person with significant control and it is him.

Uko refused to speak further on the matter but repeatedly questioned if TheInvestigator was sponsored by his enemies, saying that other companies too should have been investigated. This reporter clarified that other journalists are investigating other contractors.

FOIA Request To Cross River Basin Development Authority Ignored

A Freedom of Information Act, FOIA request dated Thursday, May 23, 2024, was mailed the next day to the Managing Director of the Cross River Basin Development Authority, Engr. Bassey Nkposong, asking for details of the contracts. 

Five days later (Tuesday, May 28) TheInvestigator visited the Managing Director’s office where a physical copy of the FOI request was submitted.

Cross River Basin Development Authority was asked to provide the contract descriptions, procurement methods, date of awards, value of the contracts, amount paid, date of bid opening, advertisement dates and media outfits, specification of the projects, level of completion and official remarks on the projects.

The Spokesperson for the Cross River Basin Development Authority, Dr Jackson John, was contacted on his official line by TheInvestigator, but he did not respond. A follow-up message was sent on WhatsApp, it was delivered and read yet no response.

Another call was made on Saturday, June 1, 2024, and he responded and said, “By now you should be familiar with the process. So, we can begin talking on working days so I know what stage it is.”

On Thursday, June 13, 2024, the Cross River Basin Development Authority MD’s office was visited again by TheInvestigator. This reporter was referred to the Secret Registry where it was learnt the FOI request was filed as F36 and sent to the Executive Director, Planning and Design department. 

From the Planning and Design department TheInvestigator was referred to the office of the Chief Civil Engineer, he is out of town. When he would arrive could not be answered by his secretary.

John was called to inquire about when the Chief Civil Engineer would return and when TheInvestigator is likely to get its FOI request answered, he said “Had it been you informed me when you came I would have assigned someone to help you track it,” this reporter replied that he wasn’t on-site between 11:30 am and 12 noon which prompted the visit to the MD’s office. He promised to follow up on the FOI request.

This investigation is supported by John D. and Catherine T. MacArthur Foundation and the International Centre for Investigative Reporting.