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Former managing director of Fenaka Corporation, Mohamed Nimal.

Million plus loss to Fenaka; charges sought for 4 including ex-MD

The ACC also directed Fenaka to recover the money lost in the case.

3 November 2022

Anti-Corruption Commission (ACC) on Wednesday forwarded a request to the Prosecutor General's Office (PG), seeking prosecution of four persons including former Managing Director of Fenaka Corporation Mohamed Nimal, for allegedly causing losses of over MVR 1 million to Fenaka by paying contractors without deducting liquidated damages.

In a statement, ACC said the application for prosecution was filed on the basis of complaints that the interests of suppliers were prioritised in 2014 and 2015 in connection with agreements with private companies to procure goods for Fenaka.

The ACC had sought a charge sheet in the case that took place during former President Abdulla Yameen Abdul Gayoom's tenure against:

  • The then Managing Director of Fenaka, Mohamed Nimal (M. Kokaahandhuvaru/Male)

  • Minhaj Waheed, who was the director of the Department of Finance and Accounts (Daftharu No. 13520/Male)

  • Ahmed Solih Nasir (Moonlight House/S. Maradhoo-feydhoo) as deputy director of the project division at the time

  • Ahmed Azmil (Rosegarden/S. Hulhudhoo) was the Deputy Director of the Finance and Accounts Division at the time

The ACC investigation revealed that the goods contained in the contracts were supplied to Fenaka after the deadline specified in the agreements.

  • The agreements and the Fenaka procurement policy state that liquidated damages should be deducted for the period of delay in delivery of goods at the time of payment to the supplier if the goods are not delivered on the specified date

  • Funds were released to the suppliers without deducting or deducting less than the amount to be deducted in the form of liquidated damages

As a result, Fenaka suffered losses of over MVR 1 million, ACC said.

ACC sought to prosecute the four men on basis:

  • Misusing official positions to gain undue advantage 

  • Acting otherwise in a manner which goes against the interest of the State 

The ACC also directed Fenaka to recover the money lost in the case.

At the time of the incident, there were cases of alleged corruption in the purchase of diesel for Fenaka and the ACC had sent the allegations to the PG seeking investigation and prosecution. In those cases, too, Nimal, who is already politically active in the opposition party, is involved.

However, it is not clear if the charge sheet was filed for those cases.

In addition to this, the ACC has forwarded cases to the PG office to file charges against those who have held high positions in Fenaka on the allegations: 

  • In September 2021, ACC sought prosecution of a person who was assigned to build a billing software in 2017, where funds were released before the completion of the work.

  • Ismail Shamoon, then head of Fenaka ICT department, and Ahmed Najah, then head of the sales department, were to be charged with corrupt practices

  • Prosecution against the former head of the company's procurement department in connection with a 2018 vessel lease

  • He is to be charged with misusing his official position to gain undue advantage to a particular individual

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