Thursday, 3 November 2011

ACC gives Julius Spencer a sacred cow treatment

I Rest My Case!!!
Giving Julius Spencer a sacred cow treatment
With Theophilus Sahr Gbenda
After a couple of months since the 50th Year Anniversary Organizing Committee experienced a major shake-up following claims of corruption and the ensuing investigation into the matter by the Anti Corruption Commission (ACC), legal proceedings have finally been instituted against the prime suspects Dr. William Conteh, the former Executive Chairman of the committee, Yeniva Sesay-Sogbeh, former Executive Secretary and a little known about businessman, Victor Cole.
Though a right step in the right direction, yet the ACC move has been dismissed by many observers as inconclusive, given that Dr. Julius Spencer, a former member of the committee widely believed to have been involved in a conflict of interest scam, was spared.
It could be noted that when the $25 million dollars projected budget for the 50th Year Anniversary Committee came under the spotlight, it was Dr. Julius Spencer who went on air to launch a fierce defence.
While the rest of the public felt that given the country’s weak financial standing such an amount was enormous, Dr. Spencer spoke otherwise, referring to the $25 million dollars as being quite reasonable.
According to Dr. Spencer, the amount in question was just enough for the kind of activities lined up for the celebrations and even went off his way to state rather irresponsibly that “That amount is what some men take from their back pockets and give to their girlfriends”.
Barely two weeks afterwards, rumours started going round that officials of the committee were busy strategising plans to chop the monies entrusted to them for the jubilee.
One such rumour that remains unchallenged even now was that Dr. Spencer lobbied his colleagues at the committee to grant his consultancy firm a whopping $800,000 (eight hundred thousand dollars) fireworks contract.
Following widespread media bashing, Dr. Spencer resigned from the committee. This was immediately followed by an ACC summoning of Dr. Spencer who as a result of the investigation, was reportedly ordered to surrender his national passport until further notice.
It therefore came as a big surprise that despite the evidence of a conflict of interest against Dr. Spencer, the ACC labelled him guiltless.
Some critics have referred to the ACC indictment of the trio as a clear show of selective justice amidst public rancour, and some people have even concluded that the matter has consequently lost its taste.
There is yet no clue as to why the ACC couldn’t see a reason to indict Dr. Spencer, but rumours indicate that he might be used as a prosecution witness against his former colleagues that are now standing trail.
Whatever testimony Dr. Spencer will give in the trail remains to be heard, although it is clear that he will apply much craftiness inorder to free his entangled head. But whether such craftiness will be enough to change public perception against him, is another issue altogether.
$800,000 is by no means a small amount considering the fact that less than 10 per cent of Sierra Leoneans witnessed the fireworks if at all, and besides, many people feel very strongly that the event was of no value and therefore a mere waste of state funds.
The fact that Dr. Spencer could not be held liable for his irrational comment regarding the $25 million dollars, only leaves a room for people placed in positions of trust to make irresponsible statements in the face of suspicious or difficult situations and walk away free.
Looking at Dr. Spencer, it is obvious that he doesn’t worth $25 million dollars at all. For him therefore to have suggested that it is that very amount that some foolish men give as love gift to their girlfriends only implies that he was out of his mind when he made that unfortunate remark.
When a man of such a stature makes such a remark, he gives the impression that he himself has what it takes to give $25 million dollars to his girlfriend…just like that. I believe not even his wife was pleased with such a flimsy statement.
At the end of the day what happened? He masterminded the granting of a huge contract to himself, and was going to device other strategies to chop more money from the $25 million dollars budget, had what was clearly a deep secret not leaked out.
It’s hard for anyone to believe that Dr. Spencer hasn’t a serious case to answer given the proven fact that his firm secured a contract from the committee of which he himself was a member and in fact I’m told that at the time of granting that particular contract, Dr. Spencer was acting chairman of the committee.
It’s now up to the ACC to really prove to the people of this country and the world at large that indeed Dr. Spencer is not in any way guilty of an offence under the Anti Corruption Act.
Take for example the matter against the former Minister of the Ministry of Health and Sanitation, Sheku Koroma, who was roped by the ACC on charges relating to abuse of office and procurement malpractice. The former minister is said to have influenced the awarding of a contract to a close associate, for which he was not only sacked but exposed to public shame and even made to pay a huge fine to the state.
Given that what is good for the goose is also good for the gander, it goes without saying that Dr. Spencer was serving in a government appointment at the time he influenced the awarding of the fireworks contract to his private firm, and therefore should likewise not go scotch free.
Putting the foregoing into perspective, it is clearly not just enough for the ACC to say that it doesn’t have a case to prove against Dr. Spencer. What are the relevant portions in the ACC act that exonerate Dr. Spencer from being prosecuted and made to return to the state the amount involved in the flawed contract?
If the ACC cannot defend the fact that the contract in question wouldn’t have been granted to Dr. Spencer’s firm hadn’t him been a member of the jubilee committee, then it has no excuse for failing to equally institute legal action against him.
As mentioned earlier, it is hard for anyone to believe that Dr. Spencer has no case to answer, and because of that, many people are now waiting to see what role he will play in the prosecution of those indicted in relation to the misappropriation of funds meant for the much drummed about 50th year anniversary festivities.
The question that remains unanswered is how could the ACC indict businessman Victor Cole who secured a $ 60,000 USD contract for the supply of Toyota Land cruisers to the committee, and not indict Dr. Spencer who being a member of the very committee influenced a bigger contract involving the sum of 800,000 USD?
For me personally, this in itself is an indictment on the ACC and like many other well meaning Sierra Leoneans, I’m beginning to lose faith in the leadership of that all-important commission.
I ‘m very confident that if a perception survey is conducted today on the matter under review, neither the ACC nor Dr. Spencer will come out clean. No surprises therefore that calls have been made for the ACC boss to step down. I add my voice to those calls, and do here want to take a step further by calling for the reversal of the ACC indictment of the trio so as to give way for fresh investigation into the matter which as it stands, has already been seriously jeopardized by the non indictment of Dr. Spencer, for whom I have no malice.
I rest my case!!!   

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