Monrovia — A report released by the Senate Committee on Autonomous Commissions and Agencies has unearthed that the Chairperson of the National Elections Commission (NEC) Counselor Davidetta Brown Lansanah singlehandedly awarded a contract to Ekemp International Limited for the printing of biometric Voter Registration cards and other materials for the conduct of the 2023 general and presidential elections in Liberia, posing a threat to the nation and its people.
The report also questioned the credibility of the NEC Chairperson to conduct the pending elections.
The committee is headed by Bong County Senator Henrique Tokpa.
It was mandated to probe into circumstances surrounding biometric voter registration for the country's pending elections and the awarding of the contract under a questionable bidding process.
In its findings submitted to plenary last week, the committee revealed that out of the six companies that participated in the bidding process, the Joint Venture of Ekemp International Limited, INITS Limited, and Palm Insurance Inc., and the Joint Venture of Professional Services Inc. and HID Global were considered by NEC to be "most responsive to the pre-financing requirement which was a major requirement for evaluation."
It noted that the PPCC, which is the statutory body for ensuring that all procurement processes are done in a fair and transparent manner questioned the pre-financing capacity and the legitimacy of Ekemp/Palm.
It maintained that despite the PPCC's objection of Ekemp and the "most responsive bidder", the NEC awarded the contract for the biometric Voter Registration to the Joint Venture of Ekemp International Limited, INITS Limited, and Palm Insurance Inc., with equity and liabilities of the financing partner (Palm Insurance) in the Joint Venture is little over US$2.8M.
The total cost of the project is US$12M.
The committee furthered disclosed that Ekemp International's Annual revenue position as of December 2021 was US$95,527,850.71 Hong Kong Dollars (HKD), which is equivalent to US$12,169,388.36 as stated in the communication from NEC to the PPCC, dated September 13, 2022.
According to the report, the next company that was considered by the NEC as responsive to the pre-financing requirement is HID Global.
HID Global has US$6.1B as a revenue position for the year 2021.
The report revealed that the company is an American company that mentioned Ekemp International as its technical partner in its Joint Venture agreement submitted to NEC previously.
It questioned the rationale behind the decision taken by the commission to re-select Ekemp International for the biometric Voter Registration exercise despite the company's flop during its re-demonstration performed at the re-evaluation bidding process conducted.
"NEC ignored the poor performance of Ekemp International at the re-demonstration of its bid proposal before the bid panel. Besides the poor performance of Ekemp International at the re-demonstration of its bid proposal, the media has a deep concern about why the NEC is bent or fascinated on selecting Ekemp International over bidders who are in better financial positions than Ekemp International since the pre-financing was the major requirement for selection of bidder."
Recommendations
In its recommendations, the committee noticed the absence of the remaining commissioners of the NEC during its public hearings conducted on the matter.
It claimed that the decision to award the contract to Ekemp International was unilaterally done and as such, a "new process" must be initiated.
"Since almost all the Commissioners at the National Elections Commission (NEC) seem not to be aware or involved in the process leading to the selection of Ekemp International to supply biometric materials for the 2023 elections and the decision appears to be unilateral by the Chairperson, Madam Davidetta Browne-Lansanah, the process should be concealed and NEC asks to initiate a new process with the involvement of all relevant people including Commissioners."
The report maintained that based on NEC's own report qualifying of two responsive bidders (Joint Venture of Ekemp International Limited, INITS Limited, and Palm Insurance Inc., and the Joint Venture of Professional Services Inc. and HID Global), couple with the timeframe for the holding of the general and presidential elections, "it is advisable to consider the next responsive bidder in line as per NEC pre-financing requirement in the report to avoid the unnecessary delay."
The committee observed that any delay of the pending 2023 general and presidential elections will undermine Liberia's fragile democracy.
The report has been submitted and debated by the Senate. However, no final decision has been reached on the matter.
Biometric not tested
Speaking in an exclusive interview with FrontPage Africa at the Capitol Building in Monrovia on Monday, October 24, the Chairperson of the Senate Committee on Autonomous Agencies and Commissions, Senator Henrique Tokpa stated that the flopping of Ekemp during its re-demonstration clearly shows it ineptitude to adequately perform the task ahead.
He recalled how NEC Chairperson was never accompanied by any member of the Board of Commissioners when she was invited by Senators to respond to inquiries surrounding the controversial awarding of the contract to Ekemp International.
"We as a committee did not trust the results of the bid because; the machines have not been tested. And fortunately, PPCC sided with us that they should go back and do the testing. It proved us the right that this company (Ekemp) is not able to do this biometric registration. My committee felt that the Chairperson single-handedly made a decision and it did not seem to us that other Commissioners were involved because, when we call her to a meeting most of the time, only she alone (Davidetta Browne-Lansanah) came."
He emphasized that the situation made it impossible for Madam Browne-Lansanah to speak on behalf of any other commissioners, making the move (to award the contract to Ekemp International) appears like a "one-man deal."
Senator Tokpa, however, expressed dismay over the surreptitious placement of the commission's logo on the website of Ekemp International as a partner.
The logo of the commission was clandestinely taken down from Ekemp International's website following media reports and public outcries just days prior to the appearance of major stakeholders at the Plenary of the Senate.
"Their (Ekemp) action was questioned. They took it down before they appear before the plenary and that was wrong. They have not been considered (for the contract). But I think they (Ekemp) were trying to force their position into acceptance. But there are processes."
Nation is at stake
He further stressed that Liberia remains at stake as a result of the manner and form in which the awarding of a biometric contract for the voter registration process is being handled.
Senator Tokpa added that the current situation also threatens the job of the NEC Chairperson.
"When we asked her why she came alone, she said she will represent them; she knows what she's doing and she's capable of representing them before us. We thought as a committee that she's credible and as head she bears the responsibility. Her job is at stake; the nation is at stake and she's aware of that."
He, however, commended the PPCC for the professional manner and form in which it handled the procurement process for a biometric voter registration process for the 2023 elections.
He said the commission's judgment was in the best interest of Liberia and its citizens.
Efficient and amicable process
Senator Tokpa called for a "more efficient and amicable" voter registration process for the conduct of the elections.
He said countries that are currently using a biometric voter registration process, including Nigeria and Ghana tested the system numerous times before it was finally accepted.
He noted that Liberia should not be in haste to trend similar path until the electronic biometric voter registration is tested.
"We are recommended that NEC should test the electronic biometric voter registration but it should not be tested during the actual voter registration process. It should be tested before that.'
Senato Tokpa maintained that the possibility of "huge risks and mistakes" is underway if the system is not tested prior to the commencement of the VR process.
"This process should be delayed or halted until it is proven that it can work properly. It has not been proven to us that it can work for now. This has been our position before PPCC came."
Problem will come
Senator Tokpa predicted serious electoral problems if electronic VR process is inadequate for the conduct of the 2023 elections.
"There are lots of problems with electronic processes. If you do not do it right, it can cause problem. And we cannot afford any problem with election results or the voter registration process. I foresee problems if they carry out the improper biometric voter registration process."
He said the selection of a company to carry out the biometric voter registration should not be a "one-man show", but it should be satisfactory to all political parties and the nation in particular.
"This is the nation's prerogative and we are representing our people. We have made our opinion on that and it should be yielded to. NEC should accept PPCC recommendations and we can get back on course."
Senator Tokpa further called on authorities of the NEC not to delay in abiding by the recommendations from the PPCC.
He used this medium to call on Liberians not to panic over the current situation as the 2023 elections will go ahead in keeping with the Liberian Constitution.
He added that members of the National Legislature will ensure that the right things are done to avoid any disturbance to the nation's peace and stability as a result of the elections.
"We still have time to do the right thing or in choosing if we want to go biometric voter registration-it will be done. But, let the right company that can provide the services be chosen."
Senator Tokpa, however, expressed the hope that the NEC will correct the wrongs to guarantee the conduct of free, fair and credible elections and avoid Liberia slipping back to its ugly past.
PPCC rejection
Last week, the Public Procurement Concession Commission (PPCC, for the second time rejected the National Elections Commission's (NEC) request for approval to award Ekemp/Palm Insurance the contract to supply Biometric Voter Registration equipment, software and materials for the 2023 presidential and legislative elections.
The PPCC in its response to the NEC's request for no objection to the award of the contract, stated that its review of the video of the re-demonstration exercise observed malfunctioning of Ekemp's equipment used to print the biometric voter ID on the spot as required. Ekemp also failed to print within the time NEC allotted.
The PPCC raised eyebrows at the NEC acceptance of the late submission of the card by
PPCC.
"The Inability of the NEC's recommended bidder Ekemp/Palm Insurance /INITS (J.V) to print the PVC card on the spot as required by the NEC, and within time, showed uncertainty on the usage of its Equipment and raises doubts on the effective workability as required for the issuance of a printed PVC card to a registrant during the Voter Registration period;
"That a material failure in the functionality of a Bidder's (EKEMP) Biometric Equipment that is required to print a registrant voter card on spot, must be taken into serious consideration by the NEC, the State's Elections Management Body; for such could be a Potential High Risk for the upcoming First Biometric Voter Registration Exercise for Liberia, that is covering the country in its entirety.
"That ignoring the malfunctioning and failure in a biometric equipment functionality to readily print the PVC card, on the spot as required is a major anomaly, and as such the NEC should not have deemed EKEMP as the most responsive company for this contract package.
Like the Senate Committee on Autonomous Agencies and Commissions, the PPCC also admonished the NEC to immediately revert to expeditiously review the remaining companies and select a company that would be most suitable for the Supply of Biometric Voter Registration Equipment, Software and Materials for the 2023 Presidential and Legislative Elections.
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With just less than a year to the conduct of the 2023 elections, it remains unclear whether or not the NEC will abide by the mandate from the PPCC or the recommendations from the Senate Committee on Autonomous Agencies and Commissions to select the "next responsive bidder" for the awarding of the contract.
The American company HID Global is the "next responsive bidder" that agreed to pre-finance the contract for the biometric VR process. It also has more finances as compared to Ekemp International.
If pre-financing is the pre-requisite for the NEC to award a contract to a company, there are mounting concerns over why it (NEC) ignored the low financial strength and flopping of Ekemp International during its re-demonstration, but yet still submitted the company to be awarded the contract over HID Global.
HID Global total quote falls outside of the approved budget appropriations by NEC for the tender. In fact, HID Global submitted the highest bid.
Also of concern is HID Global proposal to collect data in the field and then centralized the de-duplication and printing of ID cards before returning to distribute ID cards in the field. HID Global proposal does not
does not print ID cards immediately in at the time of Registration but rather at a central location and then return to distribute the cards.
Experience has shown that Election Commissions that used the HID proposed methodology end up with many unclaimed voter ID cards as most voters don't show up again to collect the cards. The most efficient method is to issue voter cards on the spot.
Citizens are concerned that a sinister motive, including the acceptance of "kickbacks" may have triggered the move made by the NEC.
The next presidential and general elections are expected to take place in Liberia on October 10, 2023.
Citizens have not tested the biometric voter registration process. To worsen the matter, no awareness has been made to educate them on the process in the wake of the high rate of illiteracy in the post-conflict nation.
The conduct of lukewarm or poor awareness on critical electoral matters or processes prompted the waste of taxpayers' and donors' funds during the conduct of the just ended referendum in which coincided with the December 8, 2020 Mid-Term Senatorial elections.
None of the eight propositions sent for the referendum were endorsed by Liberians due to the lack of clear understanding on the entire process.
The 2023 elections would be a replica if steps are not taken to encourage and educate citizens on the biometric VR process.
The malfunctioning of electronic equipment to carry out the process would also discourage thousands of Liberians from obtaining their voter registration cards and subsequently casting their votes on October 10, 2023.
