Dr. Terry Rees, Executive Director of the Order of St. John Paul II, a world-wide canonical association of professional men and women that provides free technical expertise to Roman Catholic Dioceses, has on Friday October 23, 2020, in a virtual press conference expressed distress over Le2.63 billion, which he claimed Spire USA, Inc. owes the Order in various construction projects.
Speaking to media practitioners, Dr. Rees said Spire USA, Inc. project managing company and developer of the ABCD Export City Project (the Project), has reneged on Le 2.17 billion which Spire USA owes the Order of St. John Paul II.
He said that the purpose of revealing the untold story is not an attempt to right the wrong, but an effort to alert the innocent Sierra Leonean public about ‘who’ Spire USA, Inc. is, and their intimate relationship with the ABCD Export City Project, based on the Order’s business experiences with Spire USA over the past 10 months.
He said, “In 2019, the Order heard of plans to develop towns having co-located agricultural, industrial, and residential properties within four locations in Sierra Leone.” “Those plans called for the development of industrial and residential water supplies and construction of sewage-collection infrastructure.”
Dr. Rees said that the sub-projects matched the infrastructure objectives of the Order, so they contacted Spire USA, Inc. Project Manager and Developer to see if there was a way for the Order to participate, and that after months of discussion and negotiations, the Order signed an agreement with Spire USA, Inc. to provide specific services for the development of the four towns across Sierra Leone.
These four towns include Moyamba Junction in Moyamba District, Mamamah in Port Loko District, Tikonko in Bo District and Tissor in the Kenema District.”
“After months of inaction, lack of communication, and numerous broken promises concerning when the Order’s work would begin, the Order started to have concerns about the legitimacy of Spire USA, Inc., and the ABCD Export City Project,” Dr. Rees stated.
He said that the Order began an investigation that uncovered the following: “Spire USA, Inc. Project Manager and Developer for the ABCD Export City Project, forfeited its legal registration on January 11, 2020, and legally ceased to exist on that date and that they did not regain legal registration until June 15, 2020.”
“It was also unearthed that Spire USA, Inc. represented to its business partners, including the Order, that they had legal status during the period of forfeiture when, in fact, that they did not.”
He asserted that representing oneself as having legal status when one does not is a crime in the United States, where Spire USA, Inc. is domiciled.
He said that the Order also learnt that Spire USA, Inc. negotiated and executed an agreement with the Order on March 22, 2020, during the period of forfeiture, adding that the agreement had a clause that required the Order to deliver a cash performance guarantee (Le 1.86 billion) to Spire USA, Inc. which the Order understood would be held in escrow until work detailed in Schedule A-1 of the agreement is completed.
“Upon completion of the Schedule A-1 work, or upon cancellation of the agreement, Spire USA, Inc. was to immediately return the funds that should have been held in escrow,” Dr. Rees claimed.
He said that the Order, at that time believing that Spire USA, Inc. was a legal business entity, therefore provided Spire USA, Inc. the cash performance guarantee specified in the agreement.
He said that because Spire USA Inc. did not legally exist on the date the agreement was executed, the performance guarantee requirement amounts to an unjust enrichment, which he said is illegal in the United States.
“Instead of depositing the funds from the performance guarantee into an escrow account, Spire USA, Inc. apparently misappropriated the funds and used them to obtain instruments that were used to secure financing for the ABCD Export City Project,” Dr Rees claimed. He adds that “misappropriation of funds is also a crime in the United States.”
Dr. Terry F. Rees said after being confronted with these legal, financial and ethical improprieties, Spire USA, Inc. agreed to cancel the agreement with the Order on August 25, 2020.
“The cancellation letter indicated that Spire USA, Inc. would forthwith return the performance guarantee. [And that] Prior to the cancellation, the Order, believing that the agreement was valid and acting in good faith, conducted preliminary work under the terms of the agreement.”
He said, “This work has been invoiced (Le 0.77 billion) to Spire USA, Inc. for payment, as per the terms of the agreement.”
Dr Terry Rees further claimed that in a letter dated September 20, 2020, Spire USA, Inc. told the Order, in essence, that they were having cash-flow problems, and that they do not have the liquidity to immediately return the money which they acknowledged that they owe the Order.
“They also told the Order that they were not going to pay for work conducted between March 22, 2020,”he added.
He claimed that “The Order is yet to receive its refundable performance guarantee that has become a challenge for Spire USA, Inc. to refund, nor has the Order been paid for the work conducted prior to cancellation of the agreement.”
He revealed that the separate issue of unethical and possible illegal conduct by Spire USA, Inc. was exhibited in a WhatsApp posting dated August 13, 2020.
“Spire USA, Inc. stated, in reference to the Project, that, “nothing moves unless money is paid over and under the table …” “This language, on its face, seems to be an admission that bribes have been paid, or that bribes are expected to be paid, to make things move on the Project,” Dr. Rees claimed.
He said that making or accepting bribes is illegal in the United States, where Spire USA, Inc. is domiciled, adding that The Order, could not even in an indirect form, be a party to such corrupt practice by its partners on any of its undertakings.
He commented, The Order believes that our good name has been used to advance the legitimacy of the ABCD Export City Project and we know that our funds were used to secure financing for the Project without our permission.”
The Order wants to make it clear that they neither condone nor participate in the dodgy ethical, financial and legal practices being used to conduct business by Spire USA, Inc. and the ABCD Export City Project.
He said that the Order has members living on five continents, and that they refer to each other as “Builders” since they are using their broad expertise in Building the City of God.
Dr. Terry Rees explained that the Order has been working in the dioceses in Sierra Leone since 2017, and that their projects have included renovation of existing schools, building new schools, infrastructure and security support for orphanages and convents, developing drinkable water supplies, and upgrading sanitation systems.
He said that they also have plans to develop retirement complexes for aged clergy and religious leaders.
Quick research on the Internet says that Spire USA Inc. is an institution which is headquartered in the USA and that they administer and operate initiatives ranging from community development projects to commercial/corporate basis programs.
By Hasbin Shaw
30/10/2020. ISSUE NO: 7940