Also on all the Three Memos, is the Defendant’s Minutes to the “HC (F)”
presumably the Hon. Commissioner for Finance, to “pay”, showing that he
has given his Approval to the Commissioner of Finance to go ahead to pay
the Permanent Secretary the Specific Sums stated in the Memos.
From the evidence of both Mr. Nev and the Defendant, this is the Normal
Payment Procedure for State Projects. However, the Court notes that the
Signature or Minute of the Commissioner of Finance is nowhere to be found
anywhere on the Three Memos in Exhibit O1, O2 and O3. They all have the
Permanent Secretary’s Request for a Directive to be issued to the Ministry of
Finance, but none of the Memos, on the face of it, showed that it was treated
by the Ministry of Finance, or seen by the Commissioner of Finance. The
Minutes and Signatures of either the Commissioner of Finance or the
Permanent Secretary, Ministry of Finance are absent on these Documents.
Yet, both Mr. Nev and Defendant have maintained that the Funds were
released.
The Question therefore to be asked is, how was the Funds released to the
Permanent Secretary Government House without the Commissioner of
Finance’s Approval for Payment? It can be seen clearly from Exhibits O1, O2
and O3 that the Directive to Pay was given directly to the Honourable
Commissioner of Finance.
By logical deduction, this was a direct instruction from the Number One
Citizen of the State, and was an Order that must be obeyed. Therefore, these
Memos ought to have been conveyed to the exact Person that was directed
by the Defendant, and so could not have been taken to any other Person, say
the Hon. Commissioner for Health or Works. However, there is no indication
on any of these Memos that they were so taken to Alhaji Tutare, the
Commissioner of Finance.
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