For some time, peace has eluded the National Theatre ,
with allegations of corruption hanging over its
management. The documents made available to The
Nation indicate a systemic corruption and intrigues at
the heart of the National Theatre. Assistant Editor Seun
Akioye reports .
Looking from afar , one sees a picture of a masterpiece
and a cultural landmark called the National Theatre . To
outsiders, the magnificent structure remains the
historical monument it was created to be with
employees and management working in concert to
achieve the aim of promoting cultural unity and
enhancing artistic values . But , with hard documentary
evidence and allegations of gross financial
misappropriations, the National Theatre looks like an
excellent script for one of the plays which are
frequently on display at the theatre to insiders.
For about six years , employees and the management of
the National Theatre have been up in arms against
each other . The allegations are as legion and as
weighty, ranging from a secret plan to sell off the
edifice , and or , convert the “ fallow grounds” around the
complex into a multi - storey shopping complex , to
financial fraud allegations against the General
Manager , Kabir Yusuf .
There are allegations of high handedness , intimidation
and harassment of members of the Amalgamated
Union of Public Corporations , Civil Service Technical
and Recreational Services Employee ( AUPCTRE) by
Yusuf. There were the court cases , the suspensions
and dismissals of union leaders , the “ unwarranted
transfers” and other alleged sabotage against unionists .
Yusuf also has allegations and fights of his own ; he
instituted a court case against the union and its
leaders and has been at loggerheads with the
Governing Board of the National Theatre . The
allegations though weighty , have largely been kept
under wraps until now .
Allegation of frauds
Since his appointment as the general manager in 2009 ,
Yusuf has not had much moment of respite . There
have been several allegations of financial
misappropriation , high handedness and dictatorial
behavior against him .
According to sources , who pleaded for anonymity ,
Yusuf has been on a running battle with members and
the leadership of the AUPCTRE.
But issues nosedived in July 2013 when members of
the union forwarded a petition to the Independent
Corrupt Practices and other related Offences
Commission ( ICPC ) , detailing alleged financial
misappropriation and corrupt enrichment by Yusuf.
The petition , dated July 26, 2013 and titled: “ Formal
complaint of corrupt practices and mismanagement of
funds running into millions of naira by the General
Manager of the National Theatre and demand for
investigation, ” was signed by eight executive members
of AUPCTRE including the Chairman , Dayo Akogun, his
vice Tiamiyu Adeshina, Secretary Ephesian Nodza and
the Treasurer Kayode Ibukun.
The petition , available to The Nation, listed 17
“ offences ” against the general manager between from
2009 and 2013 . The union accused him of embezzling
the sum of N10 . 1 million, believed to have been
expended on a “ Roundtable Stakeholders Conference. ”
The petitioners alleged that the event held at the
Rockview Hotel Abuja between November 13 and 14 ,
2009 .
They claimed the money was paid with the National
Theater voucher number : NT /OC/CONF /155 and dated
02/11 /2009 in the name of Abiodun Femi Joel, who
was at the time the head of the Abuja Liaison Office of
the National Theatre .
But investigations into the conference raised many
issues. Such issues included a claim that the proposal
for the conference was shallow and written in bad
English riddled with grammatical errors .
Also , in the budget attached to the proposal , there
were provisions for honorarium for 30 resource persons
at the cost of N 100, 000 each . Transportation was
given at N50 , 000 each and accommodation was
pegged at N35 , 000 per night . The huge number of
resource persons who are also participants, aroused
curiosity .
Also , provisions were made for the coverage of the
event by a national television for N550 , 000 , a radio
station for N170 , 000 and two national newspapers for
N320 , 000 each . But , till date, there is no evidence that
these media houses ever published or aired the
proceedings from the conference.
Perhaps , of grave concern are allegations that Yusuf
uses about three different companies as fronts to
corner existing or non- existing contracts at the
National Theatre . In the petition , N750 , 000 . 00 was
taken out of the coffers through a “ fictitious fumigation
contract ” .
In March 2012 , a company , El- Lado Ltd , with the
address 30 /32, Creek Road , Apapa , Lagos, was alleged
to have been paid the said amount for fumigation
contract . According to the union, El- Lado claimed to
have fumigated the sub-station located at the
basement of the National Theater, consisting of three
rooms and a passage.
However , another company , Korr Clean Ltd was said to
have been under contract by the National Theatre to
“ fumigate and clean the entire complex for a monthly
contract of N596 , 000. ” Korr was said to have
implemented the same contract in March 2012 and got
paid by the general manager .
When The Nation checked out El -Lado at the prescribed
address on Creek road Lagos, it was discovered that
32, Creek Road, belongs to ALUMACO Ltd and its co-
occupant , First Bank Plc . The next building to
ALUMACO is MRS Filling Station and the next building
to it is number 34 and EL -Lado Ltd is not operating
from there . Also number 33, Creek Road is a building
housing the Enterprise Bank . Number 30 could not be
located. In fact , there was no building number 30 /32 on
Creek Road.
Also in September 2012 , another company , String Sets
Ltd , was alleged to have carried out fumigation of the
entire complex and was paid N 2, 216 ,500 . But ,
according to the petition , no job was carried out by
String Sets because the contractual company – Korr
Clean – fumigated the complex the same month and
was paid the contractual sum.
On September 18 , 2012 , String Sets sent a proposal to
the general manager , detailing cost for fumigation work
in Exhibit Hall I & 2, Conference Banquet Hall and
Cinema Hall 1 & 2 . The total money demanded was N 2,
216, 500 . 00 . One Michael Osho signed the proposal as
general manager . It was curious to note that the exact
sum was paid to String Set on the same day the
proposal was received by the management of National
Theater. The Nation called “ Osho” to enquire about the
transaction but “ Osho ” ended the call and never picked
again nor responded to text messages.
Another company allegedly favoured by the
management is Faida Venture Ltd with two different
addresses , all located in Kaduna. On September 1,
2011 , an offer of contract award was written to Faida
Ventures with the address N0. 7 Kafur/Isa Kaita Road
Kaduna . The letter, which was signed by Yusuf, had its
title as “ Award of contract for the supply and
installation of standard sound equipment in Exhibition
Hall 1 ” . It reads in part : “ The Tenders Board of the
National Theatre , after a careful selection has awarded
to your company , the Supply and Installation of
Standard Sound Equipment at the sum of
N39 ,354 , 800. 00 ( Thirty- nine million, three hundred and
fifty -four thousand, eight hundred naira only , VAT and
Tax inclusive . ”
In December 2011 , a voucher was raised for the sum of
N9, 838, 700 . 00 as 25 per cent payment on the
contract , while on December 20 , 2011 , the balance of
N29 , 516, 100 was paid to Faida Ventures . However it
was curious that the address for Faida on the payment
voucher of the National Theatre was Plot G 2, Emir
Road, Off Nnamdi Azikiwe Expressway, Kumin Mashi,
Kaduna .
The Nation investigated both addresses in Kaduna and
found that no such company existed there at all . In
fact , like El -Lado , none of the numbers existed.
The petition also alleged that the company supplied
the same equipment to the three exhibition halls for
the same contract sum. But , this contract , according to
the union, was inflated. According to the petition , the
Peavey sound equipment , which was supplied to the
three halls in the regular market , could not have cost
more than N13 . 8 million against the cumulative N 118. 5
million paid to Faida Ventures .
In May 2012, Faida Ventures was also awarded a
contract to supply Barton End Suction pump 100- 315 x
37 KW ( 50 HP) for the sum of N5, 713 , 930. 53 . But the
union insisted in the petition that the pump was never
supplied as the same company had supplied and
installed water pumps at the water reservoir in
2010 /2011.
There are other allegations of financial
misappropriation levelled against Yusuf, for instance in
May 2012, another company , Markxel Engineering
Services Limited, allegedly got a contract to supply
banquet hall chairs for the sum N 37, 533 , 485 . 00. The
amount , believed to have been grossly inflated ,
according to sources , was paid with invoice numbers
NT /OC/241 /11 and NT /OC/197 /11.
Interestingly, Markxell also has its company address as
Faida Ventures ’ on Plot G 2, Kunmi Mashi, N/Extension,
Off Nnnamdi Azikiwe Expressway, Kaduna. The
petition also alleged that all the companies used in
procuring large contracts from the National Theater
were owned and operated by one Alhaji Abdul Jafar ,
who lives in Kaduna . The same man also allegedly
carried out all the contracts.
In the petition, Yusuf was accused of casualisation of
labour. In December 2012 , he was said to have
terminated the contract of Korr Clean, then converted
the 25 employees of Koor to permanent casual workers
of the National Theatre and paid monthly salaries
ranging from N9 , 000 to N 12, 000 in cash through an
account staff . The union said it was a corrupt practice
at variance with the e-payment policy of the Federal
Government.
Another Kaduna -based company , which has allegedly
benefited from multi -million contracts from the
National Theater , is Fais Investment Nig. Ltd , situated
at 54 , Ilorin Road, off Independence Way, Kaduna .
On May 3, 2013 , the company sent a memo on notice
for payment to the general manager . The memo was
signed by the Director, K . D Saulawa and titled: “ Re-
Contract for the surveying and pegging of the plots of
land in the national theater . ”
It reads in part: “ We are pleased to inform you that the
survey and pegging exercise has been completed and
the report has been submitted to the Group Deputy
Managing Director, BGI Limited … . In the light of the
above, it will be appreciated if the contract sum of
N20 , 000, 000 . 00 ( Twenty million naira only ) will be paid
into our account . ”
Fais Investment was allegedly covered through the
voucher NT /OC /059/13 for N20 million. Again, The
Nation’ s investigation revealed that Ilorin Road, Kaduna
is not numbered to 54 . Aside two commercial
buildings, the other structures are residential , proving
that Fais Investment may be a snake oil company .
A controversial concession
The National Theatre is not new to controversy . At
least in the past 10 years , there have been unending
speculations about the future of the complex .
Constructed in 1976 , just in time for the celebration of
the Festival of Arts and Culture ( FESTAC 77) , the
complex is the epicenter of culture and performing arts
in the country .
It has a 5, 000- seater Main Hall with a collapsible stage ,
and two 700- 800 capacity cinema halls , fitted with
facilities for simultaneous translation of eight
languages . It was designed and constructed by
Bulgarian construction companies and resembles the
Palace of Culture and Sports in Varna , Bulgaria .
Ironically , the idea to privatise the edifice was first
introduced by former President Olusegun Obasanjo ,
who was the military Head of State when the complex
was built . The suggestion drew serious opposition
from stakeholders and the plan was temporarily
shelved .
But the fear and suspicion that the edifice would be
sold and converted , first into an hotel and later , into a
shopping mall never fully went away . Indeed , it gained
momentum with the appointment of Yusuf, who formed
a partnership with former Tourism , Culture and National
Orientation minister Edem Duke .
The workers contended that the Bureau for Public
Enterprise ( BPE) is the only agency of government
empowered to sell off public properties and should be
allowed to finish the work it has started on the
concession of the National Theatre.
On August 14 , a memo with the reference NT /GM /
C 14 /53 was delivered to Senator Hassan Baratu ,
former Senate Committee Chairman on Culture.
The memo signed by Yusuf was titled: Investors Road
Shows on Developing the National Theatre Fallow Land
Using Public- Private Partnership ( PPP ) Model . ” The
memo informed the Senator about a proposed road
show in Lagos, London , Dubai and South Africa , which
was to stimulate investors ’ interest to the concession
of the fallow land.
Immediately after the shows, Yusuf planned a “ Ground
Breaking ” of the project to be performed by former
President Goodluck Jonathan and scheduled for
December 18, 2014. A budget was attached and the 26
names of officials, who will be on the trip, including the
Duke , Senator Baratu , Board chairman , Markus Ishaya
and other officials. A N39 , 650, 000 . 00 budget proposal
was prepared as the cost of the road shows .
But the news that came from the road shows was
anything but palatable . In December 2014, an Arab on-
line news media , Gulf Africa Review ( www .
gulfafricareview. com ) carried a story indicating that a
Dubai-based company , Mulk Holdings
( www . mulkholdings. com ) will be investing $40 million
to rebuild the National Theater.
The report read “ Sharjah’ s Mulk Holdings , a diversified
UAE- based business conglomerate , has announced its
entry into the retail sector in West Africa through a
$40m joint venture to develop Nigeria’ s National Arts
Theatre in Lagos into a duty -free shopping centre in
partnership with the Suzanne Group. ”
The news generated interesting permutations in the
arts & culture industry and in a swift reaction ; Yusuf
denied that the edifice had been sold . “ We have not
sold the National Theatre and we are not going to sell
it , he said .
But the controversy never abated . According to some
of the workers , the total cost of the road shows was
exaggerated. They also alleged that many of those who
were scheduled to be on the trip did not go and monies
already allotted to them were never returned to the
coffers.
The suspicion triggered a May 18, 2015 memo written
to Yusuf by the Governing Board chair , Markus Ishaya,
asking among other things , an account of the project .
Ishaya wrote in the memo: “ The board is however
surprised to hear that the amount was spent knowing
well that not all members and those listed in the
proposal were able to make it ( sic ) travel to all the
places mentioned . It is therefore important that all the
beneficiaries with the amount paid to them be
accounted for and the balance which would have been
returned to the treasury receipted . ”
Moreover , the ground breaking ceremony which would
have effectively seeded the “ fallow grounds” which was
scheduled for either May 20 or 21 , 2015 , The Nation
learnt was abruptly called off .
According to a memo which was shown to The Nation,
the ground breaking ceremony would have cost a
whopping N61, 310 , 247. 00 ( Sixty one million, three
hundred and ten thousand, two hundred and forty
seven naira ) . The memo with reference number NDGM /
C 115 /Vo11V /34 dated May 11, 2015 and addressed to
the Tourism minister contained some rather unusual
budget provisions.
For instance , cutting of grass was allocated N2 million,
hiring of excavators ( N150 , 000 per day for three days ) ,
cable works ( N500 , 000) . Also , artists for the day
would have earned N5 million, comedian ( N1. 5 million )
and a master of ceremony ( N 2 million ) . The tickets for
dignitaries would have cost N 8 million and
refreshments N 6 million.
The war within
However , the workers of the National Theater alleged
that when the union confronted Yusuf, he resorted to
the use of threats. Letters were allegedly dropped
inside offices of leaders and their houses were
photographed and photographs pasted on notice boards
around the complex .
AUPCTRE chair Dayo Akogun was said to have sought
police protection after photographs of his house and
the names of his family members were pasted around
the complex.
Some of the workers , who spoke on strict conditions of
anonymity , told The Nation that after the threat strategy
failed , Yusuf began to transfer key members of the
union out of Lagos . First to go was the chief technical
officer, who supervises the Electrical /Electronic
Section on November 26, 2013. He was later recalled
to Lagos and finally dismissed in March , following an
allegation of incompetence.
He also allegedly relieved the head of Stage Lighting
Unit and posted him to Electrical Workshop Unit.
Henry Ndubuisi was moved to Taraba with a portfolio
to cover Maiduguri and Ashiyanbi Bolanle to Enugu.
Also , the vice chairman, Tiamiyu Adesina, was
transferred to Calabar , Abdullahi Usmar , an Assistant
Marketing Officer , was moved to Kano on April 9, 2014 .
The union leaders were routinely issued queries
allegedly to tarnish their records and to pave the way
for their eventual sack .
“ I have worked here for over 15 years and never had
one query in my file only commendation letters and
suddenly, because of these issues , I have lost count of
the queries I have received , ” a member said .
The Nation could not trace all of the union leaders , but
said the transfers were a waste of public fund as there
was no other National Theatre outside Lagos .
“ The transfers were done in malice to silence the
Union. There were no offices outside Lagos except
Abuja and when those people got to their various posts ,
there was nothing on the ground, ” they alleged.
In July 2013, following the petition of the union to the
ICPC , Yusuf instituted a court case against the union
and its key leaders at the National Industrial Court
( NIC) .
However , in a ruling by Justice K . I Amadi on May 14 ,
the court directed that the “ parties in this suit are
hereby reverted to their various positions, posts and
offices as they were in December 6, 2013 when the
parties were ordered to maintain the status quo ante . ”
The court also directed the following acts to be
reverted:
· Dismissal of Comrade Ephesians Nodza via a letter of
dismissal dated December 15, 2014 .
· Indefinite suspension of Comrade Akogun via a letter
dated February 24, 2014 - Akogun was this year
dismissed .
· The issuance of query dated February 20 , 2014 , to
Henry Ndubuisi for attending court proceedings
· Two months suspension given to Ndubuisi
· All transfers made were declared null, void and of no
effect and subsequently set aside.
Fighting back
But Yusuf told The Nation thatall the allegations of
financial misappropriation had been given to the ICPC
which had conducted investigations into it and found
him blameless.
“ They have written to the ICPC and the EFCC , they
went and made statements they can go and write
anything . Are they the judges in their own case? They
are complainants, I have gone there to the ICPC and
back, ” he said .
He showed The Nation a letter from the ICPC dated
July 24, 2014 , which exonerated him, describing as
“ mischievous and without bases . ”
In an interview with The Nation, Yusuf said the
concession project which was initiated by him and the
immediate past minister, was meant to complete the
original master plan of the National Theatre. He said
the concession refers only to the fallow land around
the National Theatre , which is about 134. 03 hectares .
He showed The Nation a prototype of what the area
would look like with facilities like a five star hotel , a
shopping mall, offices , land and water parks , leisure
and entertainment centres and a multi - level car park .
Yusuf denied that the process has not been
transparent, saying all relevant stakeholders were
carried along including the Lagos State government,
Infrastructure Concession Regulatory Commission
( ICRC ) and the Federal Ministry of Works , which led to
the inauguration of the stakeholders committee on
September 20 , 2012 .
He said a transaction adviser , BGL Capital PLC , was
employed and an Outline Business Case ( OBC) was
sent to and approved by former President Goodluck
Jonathan on July 2, 2014 .
Following the investors ’ road show in 2014 , seven of
the 11 consortiums that indicated interests and
tendered their bids were pre -qualified for request for
proposal . Out of the seven , only three however
submitted technical and financial bids .
“ After evaluations , Topwide Apeas/Chris Michael Ltd
emerged as the preferred bidder and Calzada Nig . Ltd
as the reserved bidder. This result has been certified
by the ICRC and the two companies have been
communicated to accordingly, ” Yusuf said .
A simple check of the preferred bidder on the internet
returned nothing on Topwide Apeas, but Chris Michaels
Ltd had a web address at www . chrismichaelsltd . com
and the Chief Executive Officer is one Chris Ogan .
However , The Nation noted the website was last
modified on Monday , February 25, 2013 at 6 . 13am .
Besides , the web page appeared uncompleted as most
of the menu had “ this page is under construction ”
under them .
Among the projects listed are : New city mall,
Theatremall , Owerri mall , Banana Island mall, Oasis
mall, all with uncompleted menus .
But more instructively, he discarded the ruling from the
NIC, saying it was faulty and cannot stand . Yusuf said
three cases are still pending in the court . The one
which the ruling was given was in error because that
case was already struck out and therefore the ruling
could not stand .
He said : “ There are three cases in industrial court . We
had four rulings . So , you cannot just take one ruling in
isolation and that wasn ’ t even a ruling . The judge
struck out the case and once you strike out a case, you
cannot make a ruling on it.
“ We instituted a case , saying we are not interested
again. There are two other cases and there are three
rulings on that suit . Now, the hearing is June 26. We
have appealed that judgment in the Court of Appeal ,
the status quo cannot remain because if the judge says
a case is struck out , and he cannot make a ruling on it
again. ”
Yusuf also made many allegations against Akogun ( the
union) .
He said : “ Did Comrade Akogun tell you he was
dismissed because he went and installed fake
equipment and stole the money . He was given money
to install equipment , he went and installed substandard
cables the National Theater would have been burnt . It
was later discovered that those cables were sub
standard and a committee was set up to investigate
him.
“ The professional committee found him guilty and he
said he is not going to subject himself to the
committee and a recommendation for his dismissal was
made which was ratified by the board .
“ So , if he has any other issues , he should go to the
same industrial court and make his case and not on
the pages of newspapers . ”
Yusuf accused Akogun of high handedness, disrespect,
corruption and staying perpetually as chairman of
AUPCTRE. He alleged that the genesis of his problem
with the union was his refusal to be controlled by
Akogun and his group.
Yusuf also identified the issue of the weigh - in
allowance, to which only members of RATTAWU are
entitled , as a major cause of the problems. He said
AUPCTRE has only 26 members while RATTAWU has
210, yet Akogun as leader of the minority union , kept
causing disaffection.
“ He has stayed 14 years as the leader of the union. He
is a law unto himself and even members of his union
feared him . He wants to be a parallel management . He
built a house which he has not declared to the code of
conduct, we have the pictures, ” Yusuf told The Nation.
According to him , all the contracts awarded by his
management followed due process and were advertised
in national media .
Yusuf showed some of the documents of what he
claimed were evidences that all contracts went through
tender . He denied ever corruptly enriching himself and
insisted that his administration has transformed the
National Theatre .
Toyin Muhammed , Principal Officer, Corporate Affairs ,
who took The Nation on an inspection tour of the
facility , said the AUPCTRE members are fighting
because Yusuf refused to dance to their tunes . He
praised the general manager ’ s transformation agenda .
He said the Banquet Hall has been refurbished with
customised carpet and chandelier, while the Theatre
Hall too was upgraded with new equipment and digital
lightening. Also some of the corridors have new tiles
and have been painted.
“ This man wants to transform this place but these
people don ’t want as long as they won ’ t be in control .
If we can concession the fallow land, there is a clause
that a certain percentage would be used to refurbish
the main bowl and we will bring Victoria Island to this
place, ” he said .
It was difficult getting across to Akogun for reaction to
Yusuf’ s allegation. He simply cited the Justice Amadi
ruling , which ordered that all party maintained the
status quo ante .
But , other members of the union , who are not parties
to the suit , said the case of dismissal against Akogun
was a big set up .
The Nation learnt that the allegation of a substandard
cable was discovered when Akogun was on leave and
has been transferred out of the department.
One union member said : “ Akogun was on leave when
the issue came up and it was the time they transferred
him out of the department. So , he had no idea what
they were doing there .
“ He refused to go to the committee because the
members are also part of police investigation into the
threat to his life and as a senior officer; the rule says
he can only be disciplined by the board.
“ All of that were just a way to dismiss him. For three
straight years, he was the best staff in the National
Theatre and suddenly, he is buying fake cables and
being incompetent. How logical is that?”
Interestingly, in the letter of dismissal – a copy of
which was shown to The Nation – with reference
number NT /PF /AK 014 /C /1 dated April 24 , 2015 , no
reference was made to the issue of cables , contrary to
what Yusuf said .
In the letter, Akogun was dismissed for “ absenteeism
without leave, insubordination and assault on a superior
colleague . ”
Curiously too , the chairman of the Board , Ishaya, also
had germane issues against the general manager . In
an interview with The Nation, he accused Yusuf of not
carrying the board along on major decisions .
Ishaya said : “ The main thing is that the board
members are not carried along and he alone cannot be
the board. During the road show , he made estimates
that I wasn ’ t aware of how he got to that amount and
up till now , he has not called back on it . I am thinking
of calling an emergency meeting to investigate. ”
The board chairman also frowned at the various court
cases instituted by Yusuf against the union and its
leaders . “ The general manager should not always be in
court with his staff , it doesn ’t speak well of him , and I
have instructed him not to appeal on behalf of the
board because we didn ’t ask him and he cannot be
taking unilateral decisions on behalf of the board. ”
Ishaya has recommended Yusuf for investigation over
the various accusations and if found guilty , should be
sacked.
“ He should be investigated and if he is guilty should be
sacked he is not above that , ” Ishaya said .
But , unknown to Ishaya, Yusuf had already appealed
the judgment according to what he told The Nation.
As the union members await the implementation of the
court orders , which would have reinstated them, the
general manager , through his appeal , may have
surprises in store for them. Besides the fact that this
action has effectively put paid to any hope of a quick
resolution of the controversy , it has opened another
flank of crises with the board.
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