CORRUPTION: NATIONAL THEATRE OFFICERS IN FIGHT TO THE FINISH
The traditional ruler of Otumara community in Lagos, High Chief Kehinde Kalejaiye, has slammed N50million defamation suit against two online newspapers, societyreporters.com and newsbreaknaija.com.
The mediums, through reports on their separate news portal published on April 9, 2023 with the headline, “Concerned Staff of National Theatre Petition ICPC to Wade into Corrupt Activities of Top Director, Femi Joel, Co-Conspirators” alleged that a tolling company, KAK Integrated System, owned by the revered traditional ruler and operating within the National Theatre premises allegedly generated the sum of N748million (Seven Hundred and Forty-Eight Million Naira) in three years but remitted nothing into the Federation TSA account.
Reacting to the libellous publications through his counsel, Barr Taiwo E. Olawanle (LP) of Falana & Falana’s Chambers, Kalejaiye described the reports as wicked, embarrassing and targeted at defaming his character and reputation, particularly as the anti-graft, Independent Corrupt Practices and Other related Offences Commission (ICPC) has denied the receipt of any petition from the Concerned Staff of National Theatre allegedly corrupt activities against Kalejaiye.
The counsel stated that the reports suggested that his client is a criminal that should be thrown behind bars. He therefore demanded an immediate retraction of the offensive and derogatory publications accompanied with an apology published on the websites and damages in the sum of N50million (Fifty Million Naira) of face prosecution.
The letter titled, “Propagation of defamatory and libellous statements against High Chief Kehinde Kalejaiye”, dated April 10, 2023 and separately mailed to each of the publisher of societyreporters.com and newsbreaknaija.com read in part, “We write on behalf of Chief Kehinde Kalejaiye (hereinafter referred to as “our client”), and on whose instructions we write you.
The attention of our client has been drawn to your online newspaper publication of April 9, 2023 titled: “Concerned Staff of National Theatre Petition ICPC to Wade into Corrupt Activities of Top Director, Femi Joel, Co-Conspirators” wherein you alleged that our client, a reputable and highly revered citizen of this country, High Chief Kehinde Kalejaiye, who is trading under the name and style of KAK Integrated System, operates tolling exercise within the National Theatre premises and generated about Seven Hundred and Forty-Eight Million Naira in the last three years but remitted nothing into the Federation TSA account.
It is, therefore, embarrassing that you decided to defame the character and reputation of our client through your publication. With this publication and its content, you and your medium have misinformed the general public that our client is enmeshed in corrupt activities. The direct meaning, imputation, purport and/or innuendo or insinuation of the false, misleading, libellous and defamatory statement means our client is a criminal that should be behind bars. It is clear beyond doubt that your publication was a wicked and reckless ploy to impugn the reputation of our client and lower him in the estimation of right-thinking members of the public especially his subjects. We, therefore, demand an immediate retraction of the offensive and derogatory publication and an apology published on your website. We also demand damages in the sum of N50, 000,000.00 (Fifty Million Naira).
Be advised that if we do not receive your formal retraction and apology and damages as demanded forthwith, we shall proceed to seek appropriate legal remedies for your infraction.”
The online newspapers published a petition to the Chairman, Independent Corrupt Practices and Other Related Offences Commission (lCPC) through: The Commissioner, Lagos State Command titled COMPLAINT OF CORRUPTION/FRAUD/FINANCIAL IMPROPRIETY AGAINST MR. ABIODUN FEMI JOEL, DIRECTOR, SPECIAL DUTIES IN THE NATIONAL THEATRE, LAGOS, the group urged ICPC to investigate the fraudulent and corrupt financial activities, recover the proceeds of such activities and accordingly prosecute the agency’s director of special duties
The group alleged that a fictitious or phantom stakeholder’s conference was used to embezzle the sum of Ten Million Naira (₦10,000,000) from the treasury of the National Theatre:
‘’Sometime on 2nd November, 2009 the said Abiodun Femi Joel while holding sway as the I lead of the Marketing Department of the National Theatre in connivance with the then GM,CEO took the sum organize a stakeholders conference on “efficient event management and revenue generation” at Rock View Hotel, Abuja. The conference was slated to hold from 13th to 14th November, 2009. The proposal put forth for the organization of the said conference by Mr. Abiodun Femi Joel and the payment voucher for the ten million naira collected by him for that purpose are hereby attached and marked as exhibit Femi 1A – B respectively. However this stakeholders ‘conference never held at Rock View Hotel Abuja as proposed or anywhere in the world but the sum of ten million naira paid out to Abiodun Femi Joel for the conference has not been returned and/or paid back to the National Theatre coffers or the Treasury Single Account of the Federation till date.
The group alleged that twenty four million naira belonging to the National Theatre was stolen
‘’On 25th July 2017, the said Abiodun Femi Joel as Director Marketing in concert with the then acting GM CEO entered into a memorandum of understanding (hereinafter called the MOC) with one Market Execution Solutions Limited. The MOU is hereby attached and marked as exhibit Femi 2. The said MOU was perfectly used by the then GM/CEO and Mr. Abiodun Femi Joel as the Head of Marketing Department to facilitate the outright theft of the sum of twenty four million naira due to the National Theatre from Nigerian Breweries Plc by diverting the said sum to the bank account of Market Execution Solutions Limited and converted to personal use. The Nigerian Breweries bank draft drawn in favour of Market Execution Solutions Limited for the twenty four million naira is hereby attached and marked as exhibit Femi 3. This money was meant to be paid to the Treasury Single Account of the Federation (hereinafter called “TSA”wink but till date, it has neither been accounted for nor paid into the Treasury Single Account as required’’.
Like man dogs, the group threw decorum to the mud by defaming the personality of a Lagos monarch
‘’In 2019, Mr. Abiodun Femi Joel as head of Marketing Department and the then GM CEO appointed their friend associate, one Chief Kehinde Kalejaiye trading under the name and style of KAK Integrated System. No. 2, Aloba Street, Off Apapa Road. Costain, Ebute-Metta (West) Lagos and awarded it the contract of collecting Tolls from motorists passing through – entering and exiting – the National Theatre premises and its environs without recourse to the Procurement Act or the authorization of the Governing Board of the National Theatre and the National Troupe of Nigeria (hereinafter called “The Board”wink, They drew up a memorandum of understanding (hereinafter called “The MOU'”wink with the said KAK Integrated System wherein about 70% of the proceeds of or revenue generated from the tolling exercise was ceded to the company. The memorandum of understanding is hereby attached and marked as exhibit Femi 4. The tolling exercise attracted or generated about Seven Hundred and Forty Eight Million Naira during the three years it lasted but little or nothing was paid to the TSA of the federation. The duplicate receipts/tickets and other records for the tolling are/were kept by the KAK Integrated System. The fraudulent excesses of Mr. Abiodun Femi Joel among other related issue, prompted the Board overseeing the National Theatre to probe his activities and those of other erring officers of the National Theatre. The board recommended in paragraph 3.1.1 and 3.1.2 on pages 4 & 5 respectively of the Board report that the illegal tolling exercise be terminated immediately and all the monies collected and /or expended in the course of the exercise be returned to the Federal Government. But the said Chief Kehinde Kalejaiye and Abiodun Femi Joel are yet to return the monies collected from the illegal exercise as directed by the Board. The Board report dated 26th – 28th August 2020, is hereby attached and marked as exhibit Femi 5’’.
The group also accused the special duties director of outright theft and/or Diversion /conversion of Revenue from bookings for films, videos and advertising shoots, excursions, picnics, outdoor parties .:
‘’Booking rates for films, videos and advertising shoots, excursions, picnics, outdoor parties and other social events that are carried out in the outdoor spaces or lawns of the National Theatre Complex are fixed by the Marketing Department. The National Theatre generates a minimum of Two Hundred and Twenty Six Million Naira (₦226,000,000) per annum from bookings for the aforementioned revenue sources. However since Mr. Abiodun Femi Joel took over the Marketing Department (2012 – 2021) he and one other officer, Mrs. Florence Njida turned the revenue accruing from these sources to their personal earning, thereby robbing the National Theatre of hundreds of millions of money over the period under consideration. The Board has had cause to question his handling of the aforementioned sources of revenue, found him culpable of malpractices and recommended that he and the then GM CEO. Mr. Sunday Baba, be sanctioned accordingly. See paragraphs 3.4.1 and 3.4.2 respectively on pages 7 and 8 of the attached Board report. See also paragraph 4.2 on page 1O of the report’’.
The group emphasised gross under remittance of approved rents /rates for the (multipurpose) halls:
‘’The National Theatre Complex houses a total number of seven large multipurpose halls. And the Board has fixed approved rents /rates for each of the halls ranging from three hundred and fifty thousand naira (₦350,000.00) to nine hundred and fifty thousand naira (₦950,000.00) per hall for an event. As a major event centre in the commercial hub of West Africa these halls are usually fully booked from January to December, thus affording the parastatal of more than four hundred million naira per annum in internally generated revenue. However under the leadership of Mr. Abiodun Femi Joel, (2012-2021) as head marketing department which is directly responsible for these halls and the revenue accruing therefrom, he actively connived with Mrs. Florence Njida to loot hundreds of millions generated from the use of these halls, thus remitting little or nothing to the coffers of the National Theatre during the period under consideration. The amazing thing about the man is that it is extremely difficult to detect his corrupt deeds primarily because he does not leave any traces behind. He either destroys, or doctors or forges documents or better still falsifies records or conceals or keeps them secretly and exclusively for his use, thus requiring the forensic capabilities of the Commission to unravel the monumental fraud committed during the aforementioned period’’.
It also emphasised the use of a post graduate programme to siphon hundreds of thousands of naira from National Theater Management and a forged documents to cover up the monies so collected:
‘’Sometime between 1996 and 2002, Mr. Abioun Femi Joel took various sums of money from the National Theatre which for want of time and space cannot be calculated or presented here, for the sponsorship of a post graduate programme, Master in Business Administration at the Lagos State University, Ojo, Lagos. He later presented a forged document entitled “TO WHOM IT MAY CONCERN” showing that he completed the programme in 2001/2002 academic session whereas the University has repeated confirmed that he has not completed the programme 21 years after contrary to the said document purportedly issued by the university. The aforementioned document and other relevant letters/document are hereby attached and marked exhibit Femi 6A, B, C, D and E respectively.
‘’Also, during the Lagos@5O Anniversary Celebrations in 2017, all the halls in the National Theatre were fully booked for weeks by the Lagos State Government for the celebrations or activities marking the anniversary. A whooping sum of nine million naira (₦9,000,000) only was paid by the Lagos State Government for the use of the halls but Mr. Abiodun Femi Joel converted the said sum to personal use and refused to account for it or remit it to the TSA. All effort by the then sitting Chief Executive Officer. Comrade Tar Ukoh, to recover the said sum did not yield any result as he was sooner or suddenly removed from office. He claimed that the halls were used for free as directed by the minister of Information and Culture but did not show evidence of such directive or approval by the minister to the then Chief Executive Officer. Comrade Tar Ukoh stated and explained much about this fraud in his hand over notes under the subhead entitled “Lagos@5O payment scandal” at pages 14 of 17 and 15 of 17 of the handover notes. The relevant parts of the copy of the handing over notes are hereby attached and marked as Exhibit Femi 7’’.
The group stressed on the sharing of National Theatre properties under the guises of Auction Sale
‘’In 2019 Mr. Abiodun Femi Joel, then director of Marketing Department conspired with Mr. Sunday Baba. the then acting GM/CEO and Engineer Nwaogu, (now retired) the then Director Engineering and Technical Services Department to share National Theatre properties among themselves, namely two diesel generators ( 750KVA and 450KVA respectively) and unspecified number of valuable store items. While Mr. Sunday Baba took the 750KVA diesel generator, Engineer Nwaogu went away with the 450KVA diesel generator under the guise of a sale that the Board adjudged as not complying with the law and as a subterfuge to sell government properties at an undervalue for personal gains. Meanwhile Mr. Abiodun Femi Joel was compensated with numerous valuable store items. See paragraphs 3.2 to 3.2.2 on pages 5 and 6 of the attached Board’s report’’.
‘’A total of four capital projects were carried out in the 2019 National Theatre Budget but they were awarded to and executed by Mr. Abiodun Femi Joel. Mr. Sunday Baba, Engr. Nwaogu (now retired) and Abu Muhammed, the procurement officer, by proxy as follows: a. Renovation of National Theatre’s Box office at a cost in excess of eight million naira awarded to Mr. Abiodun Femi Joel. b. Building of a 10-room apartment awarded to Sunday Baba. The job was poorly executed to about 20% and abandoned till date though fully paid. c. Acquisition of Modem Theatre seats awarded at the cost of twenty two million naira (₦22,000,000.00) to Mr. Abu Muhammed, procurement officer. d. Renovation of the sewage and water treatment plant awarded to Engr. Nwaogu (now retired). All the above projects were full; paid for but shoddily executed and subsequently abandoned till date.
Meanwhile, another group accused accused the General Manager of the National Theatre, Professor Sunny Ododo of mismanagement and looting of the parastatal.
The stakeholders, that petitioned anti-corruption agencies – the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC), alleged that Ododo and his cohorts had been looting the assets of the parastatal since the beginning of a rehabilitation work embarked upon by the Bankers’ Committee.
An audit report by the office of the Auditor General for the Federation shows that Ododo flouted the Bureau of Public Procurement (BPP) Act and Financial Regulations when he awarded contracts and made payment of the sum of N300 million to contractors without recourse to due process.
The audit report, signed by the Director, Extra-Ministerial Audit Department, Dr Onwudili A. O. also indicted Ododo-led management of corruption charges and embezzlement of fund assets of the historic monument.
In a series of petitions written to the EFCC and ICPC, the stakeholders also accused Ododo, the Technical Director, Abiodun Abe and a junior ranking officer, Ephesian Nodza of embezzling the sum of N856 million.
While calling for the removal of Ododo and the resignation of Minister of Information and Culture, Lai Mohammed, they alleged that the minister had been foot-dragging, aiding and failing to implement the Auditor-General’s report which indicted the embattled General Manager to pave the way for a thorough investigation of the allegations.
In one of the petitions dated June 15, 2022, , they alleged that Ododo conceded the sales of valuable assets of the parastatal including 200KVA generator, 1500 metres of steel pipes of 8-inch thickness and looting of the central workshop amounting to N750 million.
“We, the Concerned Stakeholders of National Theatre, urged the ICPC to conduct an unbiased investigation into the allegations of embezzlement and misappropriation of funds levelled against Prof Ododo.
“As contained in the report and recommendations by the office of the Auditor-General for the Federation, Professor Ododo made payment of N300, 000, 000.00 to contractors without following due process and the vouchers not stamped ‘Paid’.
“The report observed that advances amounting to N44 million were granted to different members of Staff of the parastatal for execution of various services and purchases but were not retired.
“Audit review of procurement documents, payment vouchers and other records of the Agency show that contracts amounting to over N27 million were awarded to various contractors without evidence to show that due process was followed in the award of the contracts.”
The petitioners insisted that the document showed that Ododo violated the BPP Act and Financial Regulation.
“We, the Concerned Stakeholders, therefore recommend the removal and investigation of the General Manager of National Theatre, Prof Sunny Ododo to pave the way for proper investigation.”
The group however noted that in 2008, the former General Manager of National Theatre, Mallam Kabir Yusuf was suspended for not cooperating with the management board but he was reinstated after he was investigated and found not guilty. They asked if the case of Ododo would be different.
“But this was not the case with the current General Manager, Ododo. Despite all the allegations of corruption and misappropriation of the funds of the parastatal against him, he has refused to resign to allow for a proper investigation.
“The office of the Auditor-General has found him guilty of corruption charges and embezzlement of funds but the Minister has refused to implement the recommendations.
“Also the Board of the parastatal, in a separate investigation, indicted Professor Ododo and recommended him for suspension but this was not implemented,” a member of the concerned stakeholder, who didn’t want the name mentioned for fear of victimisation said.
He said, “Whereas when the Auditor-General was found wanting in cases of corruption, he was hurriedly removed. Why is the Ministry feigning ignorance about happenings in the National Theatre? We are aware that the GM is currently being investigated by the ICPC but he is still in the office while being under investigation.
“In a letter dated 5th of April, 2022 and signed by the Resident Anti-Corruption Commissioner, Kabiru Elelu, the ICPC invited Prof Ododo to its Lagos office requesting for some documents that could aid its investigation but upon his return, Ododo was boasting that ICPC told him that the corruption charges levelled against him are mere administrative errors.”
The petitioners maintained that they were hopeful that the anti-graft agency would still do the needful no matter how long it would take.
“Therefore, we urge the ICPC and the EFCC to scale up their efforts in investigating all the allegations levelled against Prof. Ododo and other members of his management team and bring erring officers to justice.
“We are also calling on the Federal Government to implement the Auditor-General reports which seem to have been set aside for a long time.”
However, when contacted on the telephone, Ododo described all the allegations as a fallacy, insisting that he never committed fraud since he became the General Manager of the National Theatre.
He said, “There is actually no merit in what they are saying; absolutely no merit. I wish you were around; I would have asked you to come to my office so that I can take you through evidential documents.
“However, if you forward their petition to me, I will respond line by line to everything they alleged. But I can assure you that that is a fallacy. Since I assumed office here, nothing of such has happened.”
Meanwhile, the Society for Transparency and Social Development has called for the suspension and investigation of Prof. Sunny Ododo led management team of the National Theatre over alleged looting of assets and misappropriation of funds of the parastatal.
In a petition written to the Economic and financial Crimes Commission (EFCC) and signed by the Corporate Director of the organisation, Taiwo Osipitan, the management under Prof. Sunny Ododo was alleged to have massively looted and stolen assets of the National Theatre under the guise of privatisation.
He stated: “The general manager of the National Theatre, Prof. Sunny Ododo claimed that he was authorised by the Board of the national theatre to sell property of the parastatal was false as the Board reply to the query by the Ministry suggested that no such approval was given to that effect.
Meanwhile, the management of the national theatre, Lagos, reportedly leased out a portion of land within the premises to a private business owner.
It was reported that Lai Mohammed had warned against giving out any portion of the national heritage to individuals.
Speaking at the official handing over ceremony of the edifice to the CBN bankers’ committee, Lai Mohammed stated that the national theatre remains a national heritage and that it should not be ceded to any person or group.