The Liberty Policy Innovation (ILAPI) has petitioned the Commission for Human Rights and Administrative Justice (CHRAJ) to investigate the Ministry of Communications, the National Communications Authority, the Public Procurement Authority and the Central Tender Review Committee for deliberately breaching procurement rules in the awarding of US $178 million contract to KelniGVG Limited and Global Voice Group.

The institute contends that the aforementioned institutions in awarding the Common Monitoring Platform contract acted inappropriately hence the need for investigations into the process that led to the final decision.

In a petition dated January 20th and signed by its Executive Director, the ILAPI alleged that the Ministry of Communication, NCA, PPA and CTRC abused their offices and acted against the procurement rules.

It argued that the procurement process were rigged to favour KelniGVG and Global Voice Group which according to them “amounts to abuse of office, malfeasance, maladministration, conflict of interest, and acts of preparatory to the facilitation of corruption.”

Portions of the 12-page petitioned read; “We believe that the decision to award the Common Monitoring Platform (CMP) contract to the joint venture of Kelni and Global Voice Group (“KelniGVP”) by the Ministry of Communications, and the collusion of various state agencies – most notably, the Central Tenders Review Committee, Public Procurement Authority, and National Communications Authority – manifests: a) abuse of office; b) maladministration; c) unsound public administration; and d) conflict of interest”

“Abuse of office arises when public officials act ultra vires of their powers and their functions. A basic foundation of the ultra vires doctrine is that administrative acts must be lawful. In Wharton’s Pocket Law Dictionary, Abuse of Power is defined as “exercising power in a manner in which the authority is not given to exercise it”.

“Where the law is breached systematically and persistently, with a willful and not just a neglectful posture, the conduct complained of attains the character of malfeasance in public office. Intentional wrongdoing amounts to the worst form of administrative abuse”. CHRAJ acknowledged receipt of the petition and promised to begin probe into concerns raised by the institute.

CHRAJ acknowledged receipt of the petition and promised to begin probe into concerns raised by the institute