Governance

Ministry of Justice Defaults in Financial Expenditure Up to N254.3 Million

By Amaka Okafor

October 14, 2019

The Ministry of Justice, saddled with the duty of interpreting the Nigeria Constitution and sanctioning defaulters, has been found wanting in its financial appropriation, a 2016 Auditor General report has revealed.

The 2016 Federal Audit report is the most recent audit report released by the office of the Auditor General of the Federation led by Mr. Anthony Ayine. The report revealed how personal advances to various officers were unretired, payments were made to unnamed companies amongst others.

UNRETIRED PERSONAL ADVANCES, VIOLATION OF FINANCIAL REGULATION 

The examination of cash advances records for the year 2016 revealed that personal advances granted to various officers totaling N16,467,800 (Sixteen million, four hundred and sixty-seven thousand, eight hundred naira) remained unretired, contrary to the provisions of the Financial Regulation 1420 which states that “It is the responsibility of all Accounting Officers to ensure that all advances granted to officers are fully recovered”. 

The Auditor General, Mr. Anthony Ayine, had requested that the Permanent Secretary should ensure that all the staff involved are surcharged and the total amount of N16,467,800.00 (Sixteen million, four hundred and sixty-seven thousand eight hundred naira) recovered in line with the provisions of the Financial Regulation 3124 which stipulates that a public officer who fails to respond to a query on non-retirement of advance shall be surcharged and the total amount involved recovered.

IRREGULAR PAYMENT

The sum of N1,000,000 (One million naira) was paid to an unnamed consultancy firm on the 9th August, 2016 as part payment for professional services of N2,000,000.00 (Two million naira) for representing the Honourable Attorney-General of the Federation in a suit. Audit examination of the payment voucher’s supporting documents revealed that the letter of offer from the Attorney General dated 12th February, 2014 was not signed.  Also, the unsigned letter did not state the contract sum and other conditions of the contract. This audit report also revealed that there was a dispute regarding the remuneration of the solicitor, until the Ministry finally settled at N2,000,000.00 (Two million naira).

In his report, Mr. Ayine noted this is “an irregular payment made from public funds that should be sanctioned as enshrined in Financial Regulations 3106 and 3117, which stipulate that officers involved in irregular payment should be removed from their schedule and the amount involved recovered”. He further recommended “these regulations should be invoked on this matter”.

 PAYMENTS TO UNNAMED PAYEES

An examination of the overhead cash book for August, 2016, revealed that the sum of N7,965,000.00 (Seven million, nine hundred and sixty-five thousand naira) was paid on the 2nd of August, 2016, with no departmental number as Robe Allowance 2015, to an undisclosed payee, thus violating the provision of Financial Regulation 613 which states that “Payments shall be made only to persons named in the vouchers or their properly authorized representatives‟.  Also, the actual payment voucher concerned could not be presented for audit.

The Solicitor-General of the Federation and Permanent Secretary were requested by the Auditor General Mr. Ayine to sanction the officers involved in accordance with the provision of the Financial Regulation 3106.

“These observations were communicated to the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice through my Audit Inspection Report reference, for his prompt action, but no response was received,” he said.

Therefore, he should be appropriately sanctioned and compelled to implement my recommendations on these issues.