PRESS RELEASE BY
Today is declared by us as
a day we set aside to go back to trenches with Pfizer Inc. of United States of America
We are prompted to take
this stand as a result of unnecessary delay tactics being employed by Pfizer Inc.
and its agents in the process of compensation payment.
BRIEF ON 1996 UNAUTHORIZED AND UNTESTED
PFIZER TROVAN DRUG TRIAL
In December, 2000 WASHINGTON POST Newspaper published
full report of the unauthorized 1996 Pfizer Trovan Drug Trial in Kano Federal
Ministry of Health Nasidi Panel of Inquiry refers. Soon after Pfizer denied any
wrong doing. The said panel was assigned to investigate the matter.
The attitude of the pharmaceutical company has been
consistently arrogant and contemptuous of the government and the people of Nigeria
Besides, all the subsequent Pfizer’s public statements
on the trial contain comments that are at variance with the truth.
In fact, the team from Pfizer Central Research arrived
Kano in 1996 to conduct the unauthorized trial of their new untested drug
(TROVAN) at the worst possible time known as TROVAN FLOXACIN, the drug was
investigational unlicensed and unapproved and the drug manufacturer wanted data
on a significant number of patients to facilitate approval by the US Food and
Drug Administration and Central (FDA) regulatory agency in America.
The Pfizer team used our children with severe
meningitis during the epidemic, as trial subjects and all attempts to stop it
failed. And when Pfizer was hurriedly leaving Kano
We notice with dismay that
Pfizer is still using some influential Nigerians who are blindly being tale-guided
to assist in cheating fellow Nigerian
Trovan victims of circumstances and even without any sign of an iota reflection
of NATIONAL INTEREST.
What baffles us most is
that how a criminal be allowed to manipulate to be a judge of his own. Is it
lack of National interest or a Nigerian factor or both.
We appreciate the kind response
by the Presidency and that of Kano State Governor Dr. Rabi’u Musa Kwankwaso on
Trovan controversy after our recent petition to the duo exalted offices.
This time around, we are
well equipped with various, viable facts and other information to continue with
our struggle for justice and fairness. TVF and its lawyers have already seen the
light at the end of the tunnel which earlier denied us by those who matters. We
are not desperate at all.
Once, we start our new court
case before a court of law, there will be no room for out of court settlement
with Pfizer again. We shall never allow anybody how high to now try to intervene;
just to help Pfizer to continue with its deceptive motive.
Therefore, we as full
pledge Nigerians and the family of Trovan Victims are not going to fold our arms
to allow agents of discord to indeed
block our chances for redress in respect of our struggle for justice and
fairness.
PFIZER COMMENTS AT VARIANCE WITH TRUTH ON TROVAN MATTER
The attitude of the
pharmaceutical company has been consistently arrogant and contemptuous of the
government and the people of Nigeria
BUNDLE OF LIES
1.1
Typical example is on March 16, 2001 the then Pfizer Chairman
and Managing Director Mr. Robert A. Tade had on request by the Dr. Abdussalam
Nasidi Federal Ministry of Health Committee of Enquiry to produce some records
and he stated that “…no such records exists or had ever existed at all….”.
There was no mention of DNA reference sample at that time. But 8 years later,
Pfizer claimed to have some records. Which is which? And what a confusion!
SAMPLING ERROR – 200 PARTICIPANTS FIGURE
1.2
Another ploy is the figure of patients Pfizer claimed to have
treated at IDH Kano in 1996. it clearly stated in an affidavit sworn to by one
Ada Okarafor on behalf of three Senior Advocates of Nigeria;
a. Chief Anthony I. Idigbe
b. Mr. Damian D. Dodo
c.
Mr. Muhamamd B. Adoke
That Pfizer treated only
1,441. This affidavit was sworn to at the Federal High Court Abuja in 2007
1.3
A year later on March 13, 2008 during one of the settlement
meetings held in the office of former AGF and Minister for Justice, Chief
Micheal K. Aondokaa in Abuja
1.4 Argument and counter
appeal ensured between our lawyers who were already barricaded by AG Aliyu Umar on
one hand, on the other, the TVF Chairman Alh. Mustapha Maisikeli with his
lawyers, continued to fight Pfizer through the media.
1.5
Of course, we are
lucky to be in custody of some Enrolment Cards, 0001, 0134, 0136 etc. So, this
figure confirmed that Pfizer had treated thousands not hundreds participants. In
other words it is a four figure
affair not a three figure recordings. The figure which appeared in Pfizer sworn
affidavit which stated 1,441 trial participants, further confirmed the four figure not the adopted 200 (tree figure) in the agreement.
1.6
Later, AG Kano advised
us that such arguments would not auger well for the smooth settlement
discussion. He assured us that the governor had useful discussion with General Yakubu
Gowon that Pfizer will use the only 200
figure to pay the compensation to
the TVF victims, no more no less.
1.7
May be it was an
afterthought on the part of Pfizer lawyer Chief Anthony Idigbe that he later maneuvered
and inject the idea of DNA test just to save Pfizer’s face, while forgotten
that already Pfizer had committed itself deeply in the controversy it
unnecessarily created.
1.8
Meanwhile, another
relocated TVF (KTVA) member registered earlier as No. 193 but missing because
of relocation to a different address, now resurfaced. She is MARYAM SANI ABUBAKAR SHARADA, Kano
NEW PFIZER GIMMICKS
A key player in the new gimmicks
is identified to be Mr. Anthony Idigbe SAN who by extension engaged in all
sorts of dubious moves to scuttle and undermine the interest of Trovan Victims
with reckless impunity just to enable his legal firm Punica to unnecessarily
extort more legal fees from Pfizer Inc. thereby, the Victims’ right is tempered
with, as he has been doing since the beginning of court battle with Pfizer Inc.
This clearly is against Rules 47 and 39(30) (b) of the Rules of Professional
Conduct for Legal Practitioners Act 2007 amongst other provisions of those
rules.
Possibly, due to his
sanctimonious nature, Chief Anthony Idigbe silently introduced sectional and
religious sentiments against the Kano victims, such a move which Chief Anthony
Idigbe could not have dare taken should the Trovan matter happened in the
Southern part of Nigeria.
No wonder, all the Kano indigene staff employed by HCMT Fund have been
relieved of their posts since five month ago, except Delta State
Meanwhile, Mr. David Oduo is
said to be engaged in misconstruing facts and trying to cover up their
shortcomings in the compensation and other project affairs. Also, he appeared
to be alpha and omega on the affairs of Healthcare Meningitis Trust Fund and
squandering the earmarked quarterly 250,000 USD for running the affairs of the
BOT. Most of the equipments said to be acquired from overseas for the hospital
project are not yet mounted, while other implements already listed to be among
the items said to be delivered to the site, are alleged to be missing or not
available on the project site. Therefore, Kano State Government has to be conscious
of this fact before taking over the Dawakin Kudu Hospital Project built by
Pfizer.
MOVE FOR A TRUCE
However, it was Pfizer
itself which initiated the moves for a truce through some prominent Nigerians
when it found itself (Pfizer) in the limbo as at that time, two court cases were hanging in Abuja and New
York
First, it offered $5,000 to each TVF members as
consolation to withdraw the two court cases, before starting a new settlement
discussion on Trovan matter.
It was ostensibly
discussed and argued. At the end, we (TVF) members were compelled to accept the
offer on the advice by our lawyers and on the understanding that the process of
the compensation will be fair and just. Not knowing that Pfizer only bribed its
way out of the two pending court cases then.
M.O.U. SIGNING
Note worthy is the fact
that after General Yakubu Gowon reassured the then Governor Shekarau that the whole
process would be fair and just, hence, the former Governor led Kano team to
London for out of court settlement and M.O.U. signing. Amongst the delegates
were General Yakubu Gowon, two former Commissioners: Aliyu Umar and Aisha I.
Kiru, Mustapha Maisikeli, Ibrahim Kankarofi, Ado Kurawa and the Director Press
Sule Ya’u Sule.
Among other provisions of
the agreement reached, it include government will nominate 3 prominent persons;
one nominee from the TVF and 3 nominees from Pfizer side, for each of the two
BOTs.
INITIAL VIOLATIONS/BREACH OF TRUST
Unfortunately, on arrival
back to Nigeria Pfizer, former AG Kano Aliyu Umar and Mr. Anthony Idigbe
connived and tempered with the whole M.O.U.
·
First, they denied us (TVF) to send our nominee to the said
BOTs as provided.
·
Secondly, they
lectured those appointed on how to meddle up the compensation process.
·
And further made the Healthcare Meningitis Trust Fund to be TVF’s
enemy- not to do the job they are assigned to do in the agreement.
·
Also at the beginning of the HCMT Fund assignment, they
appointed an Assistant Secretary Mr.
Farouq I. Farouq who is an employee of Kano State Government as against the
provision of the agreement which clearly stated that no Government or Pfizer
employee shall be appointed on the HCMT Fund.
·
Initially started execution of HCMT Fund matters in the Cabinet
Office (SSG’s office) along Ahmadu
Bello Way , Kano
·
Printed more than 6,000 application forms which it was found
to be used by Butchers wrapping meat at Suya spots and other local markets even
before the Board started scrutinizing the Claimants
Forms already submitted to the Board
by Claimants for consideration.
·
HCMT Fund employed
staff of Aminu Kano Teaching Hospital as against the provisions of the
agreement.
·
Introduced some heavy allowances for themselves as sitting
allowance, despite the annual One
Million Naira (N1,000,000.00) already
set aside for each member.
·
Acquired porch cars for each member of the HCMTF.
·
Ignored the cut-off date of three months and extended it unjustifiably to more than a year.
·
Invited new Claimants
through the media and announced publicly all confidential clues i.e. the date, month,
year and place where the Trovan trial took place (recorded cassettes of this nefarious
act containing the voice of one Ahmed Aminu Yola is very much with us). They do
not even care about the so called CONFIDENTIALITY
CLAUSE enshrined in the agreement.
·
It was not provided that some members including their Chairman,
HCMT Fund should go to media to discuss openly and voiced out some vital information which supposed not to
be disclosed to public for reasons best known to themselves (tape recordings of
such insubordination is very much available with us).
Perhaps, one of the HCMT
Fund members, a former Emirate Council representative Prof. Isa Hashim who
tried to convince me to accept the huge sum of money offered to us in London as
bribe, but I refuse to obliged, for that he was very much annoyed with me for
scuttling the corrupt offer, that made him to blackmail me in the Emirate
Council.
In fact, the Kano Emirate Council had to
remove the Professor from the HCMT Fund and replaced him with the Fagge District
Head Alhaji Mahmoud Ado Bayero (we have a
copy of the Kano Emirate Council letter which confirmed his removal).
In the same vein, that
person warned me to desist from attacking his friends’ sons: Dr. Abdulhamid Isa
Gambo Dutse and Dr. Mohamamed Sanda Wudil who were alleged to have assisted Pfizer
during the trovan trial in 1996, and vindicated by the Federal Ministry of
Health (Dr. Abdulsalam Nasidi Committee report of March 2001). More so, the
same Professor Isa Hashim sent some fictitious allegations against me (through
some NGO’s) to ICPC with the hope to tarnish my good name, but after my satisfactory
appearance before the ICPC, the Authority cleared me.
DUE DELIGENCE
Another problem was the
issue of provisions of the agreement reached between Shekarau administration
and Pfizer. Notably the issue of allowing Pfizer to control the $75 million package earmarked for
compensation and other projects.
2.1 Our legal attorneys Streamsowers
& Kohn of Lagos
2.2
Due to the constitutional
responsibility of the state government, that is to account for all funds accruing
to the state, the board of trustees should
not and could not have a final say on the disbursement of the said funds.
2.3
To a large extent, HCMT Fund role should only be limited at advisory
level and ostensibly only to monitor the implementation of other projects to be
executed with the proceeds of the compensation
funds.
2.4
Even if the argument is advanced that the constitution of the
Fund is pursuant to the agreement between Pfizer
and Kano State Government, it must be emphasized that state government
cannot enter into an agreement which is contrary
to the Nigerian Constitution and its internal regulations.
2.5
It was therefore, the duty of Kano State Government to draw Pfizer’s
attention to the need for internal
constitutional and administrative processes for the disbursement of funds,
ordinarily accruing to the State Government.
2.6
Such a course does not
in any way, prejudices the right or
interests of Pfizer and cannot therefore constitute a basis for any valid
objection by Pfizer Inc.
2.7
In fact this has not been done and the sovereignty of the State
has been undermined. Something that could never have happened for the sake of national interest if it were in America
2.8
This scandalous action has devastating political
implications, capable of damaging the reputation of the State leadership.
2.9
The arguments continued that the agreement intentionally
created private trusts to administer
public funds under the directives of Pifzer
independent of and beyond the control of the State Government, and as earlier
indicated in breach of the laws of the Federal Republic
of Nigeria
2.10
Of course, a Board of
trustees has the inherent advantage of aggregating persons who may
represent different interest groups
to work towards the same objectives. In addition, it creates a clear legal
framework for the work of the group and enhances independence and integrity in the
discharge of their functions, since trustees
are normally appointed on the strength of character
or special abilities rather than on
the level of financial contributions. As is the case as in other forms of
incorporated entities. Hence a board of
trustees is not meant to be an alternative
government as presented in this agreement – schedule II.
2.11
While other administrative modes may exist for the
administration of non-profit making schemes such as the one envisaged in this
situation, such as the incorporation of the Company Limited by Guarantee,
pursuant to Section 26 of the Companies
and Allied Matters Act (CAMA) Chapter C20
of the Laws of the Federation of Nigeria 2004.
2.12
It should be stressed that the law recognizes only one mode of incorporating of Trusteeship
which is the procedure under Part ‘C’
of the CAMA. This procedure has not
been complied with by the Boards of Trustees
until they do so, they cannot discharge any legal function as prior
registration is a condition even as stated in the said agreement.
2.13
Exclusively, this position assume that the interest of the State was not protected
at all for the following reasons:
·
It also indicates that the agreement as it currently stands,
has breached or is in violation of or in conflict with Section 120 of the Constitution of the Federal Republic of Nigeria.
·
Therefore, the total compensation money supposed to be paid
in bulk to the account of Kano State Government as State funds to be applied in the manner required by the agreement
after appropriation. It is to be noted that Pfizer themselves agreed that: “The funding is being provided by Pfizer as
part of a broader settlement of legal issues between Pfizer and the State.”
This expressly state that the funds belong to Kano State Government.
·
Payment of total compensation money of USD 75m ought to be
made to the State Accountant General
and not in a peace-meal fashion as
the agreement envisages and; definitely not held back by Pfizer who should earn
their discharge on the full payment of the money.
·
The board cannot be independent of the State, since it treats
an issue of public interest under
and within the State. Hence the trusteeship should be reconstituted as a Public Trust under the joint control
and directive of State Government, and should not operate as an alternative government. In this regard. Reverse is
the case only Pfizer control the
said HCMT Fund to date.
·
Failure to explain the duty for a quantum of such funds to
the people of Kano State in line with the State Governments Constitutional
responsibility to account for all public funds accruing to State, as well as
subjecting the disbursement of the said funds to the control of the Accountant
General of Kano State and other established institutional, structures for the
management of State finances. Any other practice shall be illegal and can attract Criminal
Proceedings against concerned offices in the future.
·
In line with the general directions and philosophy of the Kano
State Government, it is imperative that issues relating to the Pfizer trovan
matter are treated with utmost regard for legalism and due process and
transparency in view of the intense
citizens’ interests which the matter has generated in Nigeria , the USA
·
Instead of Pfizer to engage itself in rebuilding its image lost
as a result of trovan matter, it allowed a foreign Punica law firm, led by one Chief Idigbe to indulge in other
unwholesome procedural obstacles to hinder any possible smooth completion of
the compensation payment process.
·
In what appeared to be a battle of words between Chief Idigbe
and the BOT (HCMT Fund,) and a row which broke out between the same Chief
Idigbe SAN and Kano State Government hired
lawyers of Simmons Cooper Partners of Lagos, Chief Idigbe threatened both the
two bodies that they breached the confidentiality clause of the agreement.
·
It was just of recent that the same board of trustees members
discovered that the Bode Technologies used statistical
sensitively level of 0.999 which was too high and was far
above internationally accepted statistical sensitivity level used for DNA
comparison, it could do nothing about it, save to seek the approval, permission
and or consent of Pfizer and Kano State Government. This proved that the HCMTF is
not independent but dependent. The
HCMT Fund wanted to request Bode Technologies to further analyze the DNA data
in its custody at a lower but internationally acceptable level of statistical
sensitivity with a view to seen whether more study participants could be
identified.
·
Mr. Anthony Idigbe SAN acceded to the instruction to wind up HCMTF
to the detriment and financial injury of the trovan victims, whose claims
before the said board of trustees
have not been conclusively evaluated.
·
Bode technologies of USA knew very well that it was given
assignment to independently conduct the DNA analysis of all the claimants in
order that the real study participants of 1996 Trovan Clinical Trial may be
ascertained.
·
However, Bode technologies knew that the interest of 186 (7) claimants
had pecuniary interest in the outcome of the DNA test and analysis. Body
technologies knew that Healthcare Meningitis Trust Fund was set up to conduct
the evaluation of the claims of all applicants to the Fund in a fair,
transparent and independent manner.
·
In spite of the knowledge alluded in the above paragraph, Bode
Technologies collected only 134 and
not 200 DNA reference sample and not
even from HCMT Fund (which earlier claimed to have delivered it), but from
Pfizer American legal counsel Mr. Joe
Petrosinelli and without taking any step to confirm whether the said
samples had been tempered with or swapped or query Pfizer the where about of
the supposed 66 missing reference samples. This is a real sampling – error Pfizer
unnecessarily used.
·
Worst scenario, Bode Technologies secretly agreed with Pfizer to use a statistical sensitivity level
of 0.999 which was a ridiculously high threshold knowing fully that the
threshold would most likely disqualify many of the applicants and knowing that
an internationally acceptable standers are below the threshold it agreed with
Pfizer to set.
·
KTVA aver that Mr. Anthony Idigbe SAN knew that the board of
trustees is a company limited by guarantee. Therefore, Mr. Anthony Idigbne SAN
knew that not being a member, Shareholder, and the Corporate Affairs Commission
Receiver appointed for Health Care Meningitis Trust Fund. To this affect
Mr. Anthony Idigbe SAN knew that being
an independent Board; it was wrongful and unlawful for him or his client
(Pfizer) to issue directives to the said Board including a directive for it to
wind up its operations.
·
Bode Technologies knows that the more applicants whose DNA
marched, the more money Pfizer had to pay out and knowingly set the parameters
of the DNA analysis in such a way as to ensure that most of the 186 would not
pass the DNA test so as render assistance to Pfizer in helping it avoid its due obligations to 186 claimants Bode
Technologies therefore is dishonest
in setting and applying such a statistical sensitivity level and such
dishonesty was done knowingly to the gain of Pfizer Inc. and to the detriment
of the economic interest of the 186 TVF victims.
·
It had recently came to our notice that the HCMT Fund is in
the process of winding up its activities soon, and alleged that already the BOT
intended to recommend a local non-governmental organization (NGO) with its head
quarters in Abuja and headed by an influential
lady to collect large share of the remaining compensation money to the detriment
of the trovan victims and further
alleged that most of the Board of trustees members may in turn get their share
if the recommendation succeeded.
·
Therefore, Kano Trovan Victims Association (TVF) avers that
HCMT Fund is dishonest and lacks
independence. We have lost confidence in the said board and further that as
our participation in the evaluation process was based on the condition that it
would be conducted by an independent
Board of Trustees. We are no
longer bound by any decision which it makes as it has not maintained independence.
·
Pfizer as a result of the foregoing repudiated the settlement agreements entered into with the Kano Trovan
Victims Association (TVF) since, by committing a fundamental breach of the
terms thereof. We, the 186 (7) victims have accepted the repudiation since 15th
March, 2013. (A copy of evidence on this is with us)
·
With the earlier facts unveiled and the above submissions, we
have to say enough is enough. We are
therefore humbly urging His Excellency Mr. President Goodluck Ebele Jonathan to
please issue a White paper on FMH Dr.
Abdussalam Nasidi panel report of 2007.
Since we are Law abiding
citizens, and Pfize ignored all the provisions of the settlement agreements and
went further to violate and repudiated other agreements, we have no alternative
option other than to go back to the court of Law for redress.
In line with this philosophy,
we have already sued Pfizer and its agents at Abuja High Court. We are about constituting
a criminal case against Pfizer in Kano High Court and possibly, open another case
at United States of America
Therefore we, the 186 (7)
of the Trovan Victims Forum will never allow the unwarranted sinister antics of
Pfizer and its agents to succeed. We condemn in strong terms the hunky punky approach to trovan matter
by Pfizer Inc.
Conclusively, this claim
is written without prejudice to the right, claims and revelations TVF may have
written in respect to the failed Pfizer Trovan Drug trial of 1996.
Thank you all.
Alhaji Mustapha Garba Maisikeli
Chairman, Kano
September
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