As a result of the State of Emergency announced by President Olusegun Obasanjo, the Democratic
Structures of the State were suspended and did not function. A Military Administrator governed the
State for Six (6) Months and the House of Assembly were suspended from functioning.
Under Cross-Examination, he reiterated his duties and described the Chain of Approval of Funds to
meet the needs of an Agency or Parastatal. He writes a Memo to the Agency concerned, directing them
to report to the Office of the Governor or Secretary to the State Government, who in turn and through
a Memo would write to the relevant Ministries. In cases regarding execution of projects etc., they, the
Agencies could deal directly with the Office of the Governor but in most cases, they dealt with the
Secretary to the State Government. He believed the Office of the Governor would then communicate
directly to the Agency or through the Secretary to the State Government or through DW13.
According to him, the Procedure for the Award of Contracts at the Ministry of Communication was
through Competitive Bidding or through a Search for the Relevant Contractor. Usually, a Technical
Committee is set up, who makes Recommendations directly to the Office of the Governor or through
the Office of the Secretary to the State Government or through him. The Ministry then reviews the
Recommendations and forwards it to the Ministry of Information, where the Ministry then writes to
the Governor or submits a Memo to the Executive Council, who approves. A Ministry could also
present its Recommendations for Approval to the EXCO and none of the Approvals from either the
Governor or EXCO was determined by the Contract Sum involved. Upon Approval, Payment Order,
Approval or Award Letter is conveyed to the Contractor and depending on the Agreement, the Project
commences. For Purchase of Equipment, the Award Letter would include all the requirements such as
the Name of the Contractor, Amount Awarded and Payments. His Ministry was not responsible for
generating a Letter for the Award of Contract, as it was the duty of the Ministry of Finance and
Economic Planning to issue the Award Letter as well as make Payments.
Shown Exhibit D26A- the Letter of Award, he confirmed it was the State Tenders Board that
awarded the Contract, which Board consist of the Ministry of Finance, who is a Member of the Board
but could not say whether the Ministry’s Permanent Secretary was a Member. From this Exhibit
D26B, he stated Mr. Dabel collected the Letter of Award, who had pledged to collect the Sum of N45,
000 from Pinnacle Communications and according to Dr. Patrick Dakum, this clearly was an indication
that Pinnacle did not pay for either the Tender and Communication Fee or the Registration Fee. It was
his belief that sighting the Letter of Award was Proof of a Subsisting Contract as well as the
responsibility of his Subordinates to generate a Contract Agreement, wherein the Terms of the
Contract would be outlined. However, on the face of this Exhibit D26A, he could not say when the
Contract was to be concluded, the Terms and Conditions of the Contract or Payments for the Contract.
On his assumption to Office as Commissioner, he prioritised the expansion of the PRTV in order to
reach the grassroots with real time information and had received briefing from his Parastatals, who
informed him on the Awarded Contract. According to him, it was for the Manufacturer to Assemble
the Equipment, after which an Inspection would take place and then Installation.
From the Letter of Award, it was his Ministry, as Representative of Plateau State Government that
would enter into a Contract with Pinnacle Communications. Shown Exhibits D30, D31 and D32,
Letters he had tendered and acknowledged, he stated that none of these Exhibits were minuted to him
or the Ministry of Information but he had secured them upon a request to Mr. Japheth, the GM of
PRTV as part of what he could recall concerning this case. Dr. Patrick Dakum compared the Receipt
Numbers on Exhibits D22 and D30 and agreed the numbers were the same, adding that his Cousin
assisted him in Certifying the Documents, therefore he would not know how the Certification was
done.
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