Pfizer yet to release money, says Justice Wali

(People’s Daily)March 8, 2010
Justice Abubakar Bashir Wali is a retired Supreme Court Judge and now Chairman of Pfizer’s Kano State Meningitis Trust Board, the body charged with identifying and onward payment of compensation to victims of Pfizer’s ‘Trovan’ drug test of 1996 in Kano. In this Interview with our Kano correspondent, Bala Nasir, Wali reveals all the intricacies in the payment of compensation to the affected victims. Excerpts:
Could you give us an update on the activities of the Trust Board so far?
Well, I welcome you to the office of the two Trust Boards which were set up by the Kano state government and Pfizer to manage the amount agreed between the Kano state government and Pfizer International as compensation to what happened during the exercise conducted by Pfizer when they administered some drugs supposed to be curing meningitis. In 1996 there was meningitis out break here in Kano and Pfizer volunteered to come and assist. Unfortunately, for one reason or the other, some things went wrong. I don’t know why, but anyhow, after an exercise some things went wrong and for some time nobody did anything. Then some of the individuals affected decided to go to court and when they went to court, I think some Samaritans formed themselves into a sort of union and spearheaded the litigation. I think you know the name of the union they formed headed by Maisikeli. They went to court and the litigation started. I think there was litigation and some (others) probably instituted another action in the United States, claiming compensations for what happened to them as a result of the exercise conducted by Pfizer. The Kano state government decided to come in so that they could be monitoring everything and then instructed the Attorney General of the state to take over the prosecution of the cases, both the civil and the criminal. Somehow, the matter continued to linger in court. The procedural process is not all that easy, there is filing pleas; statement of claims; amending this; amending that; the judge is not available; he is being given official assignment; he is in the election petition (tribunal) and so forth. So, some big people both within and outside Nigeria decided to intervene so that there would be amicable settlement of the whole issue between the Kano state government who has taken over the prosecution of this matter on behalf of the citizens of Kano state to meet Pfizer so that they can settle the matter out of court. Meetings were held within and outside Nigeria to try and settle. During the process, the President of Nigeria was briefed, Federal Ministry of Justice was in the know, His Royal Highness, the Emir of Kano knew what was going on, and they met at several places outside Nigeria. Finally, they met in London. At the time they met in London there was a representative from Kano state government on behalf of those that were affected and representatives from Pfizer and Jimmy Carter, former president of the United States and our revered (former) head of state, General Yakubu Gowon was also in the team to try and settle. They discussed (and) after long arguments and processes they agreed to settle and the amount they agreed to settle on was $75 million. Out of this, $35 million was for the victims of meningitis and $30 million for building of medical unit to cater for these types of diseases. They also agreed to compensate the state government for their legal expenses and I think they agreed on $10 million. As a result of this, the two sides agreed to set up two trust boards, one is to monitor the payment of compensation to affected victims of the ‘Trovan’ exercise. The other trust board is to supervise the construction of this medical unit. The one for compensation has been put under my chairmanship. The other committee or trust board has been put under His Excellency, Professor Shehu Galadanci, former ambassador.
What informed the delay in the take off of these Boards, because the two Boards did not take off immediately after the signing of the agreement?
The Boards were supposed to take off some time in August (last year). Unfortunately, due to secretariat work, the boards could not take off because one of the conditions agreed upon is that, the trust boards were not supposed to use anything belonging to either state government or Pfizer. The agreement between them for the boards, is that there will be six trustees with a chairman, Kano state government will provide three and Pfizer will provide three that is, six for the Meningitis Trust Board and likewise, the Trust Board headed by Professor Galadanci consists of six members, three to be appointed by the state government (and the other) three to be appointed by Pfizer. In my Board, as I said, I am the chairman and there is on the Board Honourable Justice Alfa Belgore, the retired Chief Justice of Nigeria (CJN). There is also Dr, Borodo, there is Professor Muntaqil, there is Dr. Prosper who is a medical practitioner based in Abuja; Justice Belgore also lives in Abuja. The chairmen of the two boards are to be appointed by the state government, Pfizer would provide an executive secretary who is this gentleman Mr. David (points at him). He controls the finances of the two Trust Boards. The Boards could not take off due to logistics and other problems. We were able to have our first inaugural meeting, I think some time in September and at that time we started looking for a place to accommodate the staff of the Trust Boards and a place where we can conduct our meetings. Formerly, we were meeting at the Prince Hotel, this place, (current secretariat) was acquired I think some time around December. At the time we acquired it, it was just a finished house. We tried to provide all the furniture and everything. All these are to come from the $30 million allocated for the building of the medical unit. Out of it, $5 million was set aside for workings of the secretariat. We started, and with the help of God, we were able to move in here from Prince Hotel I think towards the end of December.
About the claims form, what criteria have you laid down before victims could benefit?
There are three set of claimants: one, those who died due to the exercise; those who died may be after the exercise, those who participated but are still alive. For those who are already dead, they may have relations who would come forward to claim compensations on behalf of their loved ones who passed away. A criteria has been set to identify the relationship between the deceased and the claimant, either its mother, its father or its immediate brother or close relation. That is why this DNA test has been introduced because according to Pfizer, during the exercise, they only administered these drugs on 200 people from the ages of three months. But during the exercise, over 700 people collected these forms. So, you can see the desirability of strict following or strict guidelines laid down to identify the actual claimants. This DNA test, we don’t have the facilities to have it conducted in Nigeria. So, as a result, there is a company based in the United States, BODE Technology, we have been in contact with them and have finally settled on a draft agreement which the Secretary in BODE Technology will sign so that they will come here when we are ready to conduct the DNA test. This DNA test involved taking samples of the close relations, either father, mother, brother, sister or very close relations after taking either blood or saliva or even mucus, they will send to their laboratory in the United States for analysis. This will take not less than six weeks. After receiving this result then the Board will meet and identify those who are really involved or whether the person who claims to be a relation to the victim is in fact his relation. We will try to avoid people committing fraud in trying to receive this money. During our meeting with Pfizer in Abuja last month, they gave us samples with names and addresses of those who participated. When they were conducting the exercise they took the photographs of those who participated and samples of their DNA, all these they have documented. Those who returned the application forms for compensation will be screened by two of our doctors who are on the Board of Trustees, namely: Dr. Borodo and Professor Muntaqil. They have identified 200 plus, whom they will screen again before these people are invited from the United States to come and take the samples for the DNA test. They will soon start this exercise may be next week (this week) or even before the end of last week. When that is started, then we are meeting to finalise the draft agreement sent by BODE Technology so that, the Secretary and the pharmaceutical company who will conduct the DNA test will sign the agreement. Once it is signed, then, we will set a date when they will come with their staff to take the samples and then pass it to United States for analysis. So, as far as that one is concerned this is where we are. But all these expenses will be paid from the amount allocated for the medical unit, that is, the extra $5 million.
Looks like something is amiss somewhere in that agreement?
Probably, both we in the two Boards do not seem to agree with both the state government and Pfizer on the clause they inserted in the agreement that, in case compensation for the meningitis exercise is paid and there is a balance of any amount, this balance will go back to Pfizer. We disagree with them on this conclusion. My experience as a former judge, where you settle a case out of court, you agreed on an amount of compensation to be paid. The person paying the compensation would have no right to come back to say he wants part of that money. As far as my experience in the judiciary is concerned, this is not possible, but this is contained in the agreement. It is one of the issues that we want the two Boards review. Our suggestion is that if the Meningitis Trust Board cannot dispose the whole amount, whatever remains will go to this medical unit building because, it is the amount belonging to those affected by meningitis. Therefore, the generality of the people of Kano state should benefit, not Pfizer. In the agreement, there is a clause which provides that in case of any litigation by any participant here in Kano, the state government would compensate Pfizer, it is part of the agreement, I don’t know why they agree with that clause? The other issue is that, as trustees, not a single kobo has been transmitted to the Trust Board. There is no single penny under the Trust Board, Pfizer has retained the money. What they agreed upon is that when the exercise is conducted, anybody who has proved his case and he is entitled to be compensated, the Board will decide what amount he will take. In case of death, they have all agreed that $175,000 will be paid. Otherwise, if there is a deformity or any defect, the Board will assess how much a particular individual will get. Those who participated, even if they are not affected, they have no injury or any deformity, the two parties agreed (those in this category) each will get $10,000. But the most important thing to note is that, we are Trustees, according to law of Trust when you trust somebody what he is to administer should be put under his care. It is alright they agreed to open an account here in Kano in a bank of their own choice, that is, Afribank. They will transmit whatever they approved into this account with the name of the person entitled, ours is only to write a cheque and give this man to go and collect his money. My experience as a lawyer, when you trust somebody with something, the subject of trust should be under his control. In one of the clauses, they even provided that, if there is any balance of this money, the Trust Board should return the money to them. Now, can you return what you don’t have? We have no custody of this money, not a penny, I emphasize that Pfizer did not transmit a kobo to the Meningitis Trust Board, we are not given anything. In addition, I didn’t mention, whenever we sit here, there is an allowance they pay us for any meeting we hold. It is also from this amount as no amount has been set aside for payment of allowances for meeting of the trustees. Two issues which are most important: we are trustees but we are not trusted with anything. Two, if there is settlement out of a court, the money belongs to the people who are entitled to have this money even if there is a balance. The two Trust Boards are of the opinion that Pfizer should not get a penny out of it. It should be invested in the medical unit which is to be built for the benefit of the entire people of Kano state.
The affected victims complain of too much delay in the procedure for payment; why is it so?
If you look at the agreement setting up the two Trust boards the procedure to arrive at the point that we decide to pay this money is a long journey. It is not something that says when you come. I have seen your form; yes you are affected or bring a witness and I listen to the witness. Yes, I agree with the witness, you will be paid. The procedure is not like that, if you claim, you have to go through this DNA test unless probably the DNA test could not provide a solution, then the Board is given a little discretion to look into the material before it and decide whether in fact this claimant participated in the exercise and told you when these people come they took samples to go back to the United States, it will take at least six weeks before we get the results. It was upon these results that we shall sit down and decide. Two, at the moment, we have about 200 plus people who have been identified as participants according to the applications. The two doctors on the Board have agreed, subject to payment to them for their work, to go through these 200 applications and identify whom they think from the information contained in the application are likely to have participated. These people are not yet here, they are coming probably before the end of March hopefully. When they come, as I said, they will be accommodated from this amount here in Kano, they will be provided with transport, everything and they charged an amount they will claim per each person they take his sample for testing. This is so far where we have gone. Apart from that, things are going on the part of the building. I know we have identified the site, I was among the team who went and inspected this medical unit along Dawaki Road. We have identified the area suitable for putting up this unit and I think that, the amount involved for this will be about $25 or $27 million not more than that.
Where exactly are the funds with which you are running the secretariat and the DNA thing is coming from?
They are all from that $30 million for the building of the medical unit. That is, $5 million for the running of the secretariat, the DNA test, hosting of these people from the US and everything is from this $5 million even the fees, in fact, everything is tied to this amount. Mark you, there are two Trust Boards as I told you, there is the one for Professor Galadanci. This $30 million is under the control of the second Trust Board under Professor Galadanci, out of that, I think they released about $10 million which we are now utilising to acquire these. If the money is not finished at the end, a return will have to be made to Pfizer. Even then, they said, we should not exceed $5 million for the cost of running the secretariat and everything, $25 million is for medical unit. If the money finishes probably, we shall be stuck and the work will stop because it is part of the agreement that we should not exceed this $5 million for running the secretariat and all other ancillaries.
Source: http://www.peoplesdaily-online.com/index.php/news/special-report/57-special-report/10452-pfizer-yet-to-release-money-for-payment-to-kano-drug-test-victims-says-justice-bashir-wali