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Access Bank Vs Late Sunny Odogwu: Moving against Recalcitrant Debtors

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The recalcitrant attitude of debtors who take depositors funds by way of loan facilities with no intention to repay has once again come into public focus with the recent dispute between the Estate of the late Chief Sunny Odogwu, and his related companies.

While it is not in dispute that a facility was taken from the bank to finance a hotel project at 31-35, Ikoyi Crescent, Ikoyi, Lagos, the said facility is yet to be repaid.
The impression being created by the Estate of the late Chief Odogwu and his related companies that they can take depositors funds to finance projects and rather than repay such funds, they would make false claims to the ownership of the assets of the debtors as inheritance to be shared is a vivid reminder of the era of failed banks in the country.
The dubious attempts by the Estate of the late Sunny Odogwu to rewrite the terms of the facilities is not only a show of shame but a clever attempt by the family to inherit dubious assets gotten from depositors’ funds which does not form part of the estate and as such should not be allowed.
It would be recalled that the defunct Diamond Bank Plc, an iconic bank comparable to Eastern Nigeria’s African Continental Bank (ACB) almost went under due to recalcitrant borrowers and the bank was rescued by Access Bank Plc.
Unfortunately for the Estate of the late Sunny Odogwu and his related companies, the facts of the matter, terms of the loans and the dispute has been litigated and pronounced upon by the Federal High Court and the Odogwu Family had the opportunity to present their own side of the story which they did before Hon. Justice Saliu Saidu of the Lagos Division of the Federal High Court in suit number: FHC/L/CS/1633/14, in November 3, 2015.
Delivering judgment in the suit, Hon. Justice Saidu held that the first to third defendants were in fundamental breach of the contract for the financing of the construction of the Luxury Collection Hotels and Apartments, having admitted, “Indebtedness to the plaintiff in the sum of N10, 252,315,567.28 on the project finance facility as at December 20, 2011.”
Additionally, the learned trial judge held that the first to third defendants have not produced before the court any evidence that any of the conditions for the grant of the facility was waived or demonstrated to the court how they liquidated their indebtedness.
His words: “With all the facts before me, I am satisfied that the first to third defendants who have admitted indebtedness has not shown how the indebtedness was liquidated.
Flowing from these grounds, Justice Saidu made the following consequential order: “Judgment is entered in the sum of N26, 229,943,035.22 jointly and severally against the 1st to 3rd defendants being the outstanding sum as at September 30, 2014 advanced by the plaintiff for the 1st to 3rd defendants’ project which sum has remained unpaid despite several demands.
“That leave is granted to the plaintiff to foreclose and sell the said property situated at 31-35 Ikoyi Crescent, Ikoyi, Lagos and to deposit the proceed of the sales into the 1st defendant’s account kept with the plaintiff towards the partial satisfaction of the judgment sum against the 1st to 3rd defendants.
“That leave is granted the plaintiff with the supervision of the Court’s Registrar to sell property situated at No 31-35 Ikoyi Crescent, Ikoyi, Lagos being the security for the sum of N26, 229,943,035.22 advanced by the plaintiff to the 1st to 3rd defendants for the development of the project called Luxury Collections Hotels and Apartments, the repayment of which facility, the 1st to 3rd defendants have failed, refuse otherwise neglected to make despite several demands.”
It was against this background that the Estate of the Late Odogwu entered into a settlement agreement in May 2019 on the matter.
The key parts of the settlement include the following: “The defendants (the Estate of the late Sunny Odogwu and his related companies) agreed to sell a property described therein as the (Berendo Property”) in Los Angeles and to pay the sum of $11,111,111.11 within (60) days from the date of the settlement agreement to the Bank, failing which, the ownership of the Berendo property was to be assigned to the Bank, and the defendants also agreed with the bank in satisfaction of the outstanding settlement amount after receipt of the net proceeds of the sale from the Berendo property to assign such additional properties directly to the bank by way of an agreed asset swap arrangement subject to the terms of this settlement agreement.
Also, the defendants agreed to provide the bank with all the original documents pertaining to certain properties after the execution of the settlement agreement and undertook to execute and provide all documents required to perfect the legal interest of the Bank in such properties and also perfect the asset swap for the purpose of liquidating the outstanding settlement amount with the bank and shall provide such warranties and representations including without limitation, clean, undisputable and unencumbered title with quiet and peaceful possession. All these shall be achieved within seven days from the date on the settlement agreement.
Furthermore, the defendants failed to facilitate/conclude the sale of the Berendo property, hence the sum of $11,111,111.11 has not been received by the bank in line with the settlement agreement. Consequently, the defendants have failed and refused to assign the Berendo property in Los Angeles to the Bank. Rather, the defendants compromised the property at Los Angeles without paying the agreed sum to the bank.
Furthermore, the defendants refused to hand over the Dubai property to the bank in line with the settlement agreement. The defendants have refused to grant vacant possession to the properties at Kirikiri as well as the Dubai property till date in line with the settlement agreement.
Recalcitrant debtors negatively impact the critical banking sector and defeat the essence of granting such facilities to aid business growth.
Regrettably, the Estate of the late Sunny Odogwu instead of repaying the facility in line with the terms of the settlement have apparently opted for assets stripping and have failed to comply with the settlement agreement.
The idea or impression that the beneficiaries of the estate of the late Sonny Odogwu can lay any claim of ownership to an asset acquired from depositor’s funds of a financial institution as forming part of the estate when they are aware that the underling facility has not been repaid is not only sad but actionable. And this is exactly what the Failed Bank Act seeks to prevent.
At the end of the day, depositor’s funds are savings by hard working Nigerians who believe in the financial system.
Banks are merely custodian of this funds and as custodians, when banks grant credit facilities to customers to finance and fund assets and projects, such assets do not form part of the estate of the customers for the beneficiaries to share and leave luxurious lifestyles at the expense of the depositors, until such facilities are fully repaid.

Access Bank Plc has remained resolute in its determination and in its typical manner of dealing with chronic and recalcitrant debtors, has indicated that it will continue to deploy every legal available resource to ensure that this debt is fully recovered.
This is why dodgy and chronic debtors like these must steer clear of accessing facilities from Access Bank Plc.

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EFCC grants ex-Delta gov, Okowa, bail over alleged N1.3trn fraud

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The Port Harcourt zonal command of the Economic and Financial Crimes Commission (EFCC) has granted administrative bail to Dr. Ifeanyi Okowa, a former governor of Delta State for alleged diversion of N1.3 trillion 13% derivation fund from the federation account between 2015 and 2023.

 

Society Reporters reports that Okowa was arrested on Monday, November 4, 2024, in Port Harcourt, Rivers State, when he reported at the Port Harcourt Directorate of the EFCC on the invitation of investigators handling his matter.

 

 

We reliably gathered that the former governor left the facility of the anti-graft agency at about 9 pm Wednesday night.

 

According to the source: “He left the facility at about 9 pm yesterday (Wednesday).

 

“Okowa is expected to return soon to provide documents and answer more questions before the matter will be charged to court”.

 

The former governor was alleged to have failed to render accounts of the 13% derivation funds as well as another N40 billion he allegedly claimed he used to acquire shares in UTM Floating Liquefied Natural Gas.

 

 

Specifically, Okowa allegedly bought shares worth N40 billion in one of the major banks in the country representing 8% equity to float the offshore LNG. The funds were alleged to be used for other purposes, including acquiring estates in Abuja and Asaba in Delta state.

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Ifechukwude Okonjo: Man convicted of theft in US emerges traditional ruler in Nigeria

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When Ifechukwude Okonjo emerged as the Obi of Ogwashi-Uku in Delta State in September 2019, there was no indication that he had been convicted of a crime in the US.

Ogwa-Uku is a community in Anaocha South Local Government Area of Delta State, Nigeria’s South-South.

Mr Okonjo succeeded his father, Chukuka Okonjo, a professor whose death was announced on 13 September 2019.

Findings by PREMIUM TIMES showed that he was crowned days after the death of his father.

Chukuka Okonjo the traditional ruler

Conviction in the US

According to court documents obtained by PREMIUM TIMES, Mr Okonjo was convicted of theft in April 1997 at the Circuit Court for Montgomery County, State of Maryland, in the US.

The court documents showed that his younger brother, Onyema Okonjo, was also convicted of a similar offence on 23 January 1998.

Charges, arraignment and trial

Mr Okonjo was first criminally indicted on 20 April 1995 and summoned to appear before a judge the following day.

After initially failing to make his appearance on 12 August 1995, he finally showed up at the court on 14 July of this same year.

He was initially charged with theft and conspiracy to commit the crime with his younger brother, Onyema.

Specifically, the first count charge indicated that Mr Okonjo stole “assorted computers and computer peripheral equipment, the property of Digital Equipment Corporation, having the value of $300 or greater” between 23 January 1995 and 24 March 1995 in Montgomery County, Maryland.

According to the court document, the offence violated Article 27, Section 342 of the Annotated Code of Maryland and was against the peace, government, and dignity of the US state.

He was released on bail on “personal recognisance” after paying a $2,500 bail bond.

Then unemployed and single, Mr Okonjo resided with his elder sister, Ngozi Okonjo, at 7004 West Greenvale Parkway, Chary Chase, MD 20815, in the US.

Ngozi Okonjo, now popularly known as Ngozi Okonjo-Iweala, has been the director-general of the World Trade Organisation since March 2021.

At the time of the trial, Mr Okonjo was 30 and had lived in the US for nine years. He is now 57.

His brother, Onyema, was criminally indicted by the court on 18 October 1996, and a bench warrant was issued against him the same day.

By then, Onyema was 28 years old and married; he is now 55. He made his first court appearance on 14 November 1997.

His charge indicated that he committed the crime of theft and conspiracy between 28 October 1993 and 24 March 1995 in Montgomery County, Maryland.

According to the court documents, he claimed to be homeless at the time.

Like his brother, Onyema was released on bail on “personal recognisance.”

Mr Okonjo and Onyema were told that the condition of their release was that they should appear in court during sittings or their bail bond would be forfeited.

They were also told that failure to surrender themselves within 30 days after the bail forfeiture might cause them to be further charged, fined and/or imprisoned.

Sentencing

Mr Okonjo and Onyema, after their bail, separately failed to appear before the court on hearing and trial dates, forfeited their bail bonds and also “willfully” failed to surrender themselves within 30 days after the forfeiture, according to the court documents.

One of the documents indicated that Onyema left the US after being granted bail.

The court then separately charged and found Mr Okonjo and Onyema guilty of failing to surrender themselves within 30 days of their bail forfeiture.

Consequently, the court, on 29 April 1997, sentenced Mr Okonjo to six months imprisonment.

For the first count of theft of assorted computers worth $300, the court also sentenced Mr Okonjo to one-year imprisonment beginning from 4 April 1997, when the judgment was delivered.

The court documents did not indicate if the sentences were to run concurrently.

Similarly, the court, on 23 January 1998, sentenced Onyema to 57 days imprisonment.

It is unclear if Mr Okonjo and Onyema served their jail terms in the US or ran back to Nigeria, given that they had jumped bail before their conviction.

Honoured in Nigeria

In 2019, after their father’s death, Mr Okonjo and Onyema joined other princes in the contest for the traditional stool of the Ogwashi-Uku Community.

The community residents were unaware that the duo had been convicted of theft in the US.

After the contest, Mr Okonjo emerged as the community’s traditional ruler and was crowned days later.

He is now the Obi of Ogwashi-Uku, the highest traditional authority in the community.

Petition to the SSS

The conviction of Mr Okonjo and Onyema im the US became public knowledge after some community members obtained certified true copies of the court judgment.

Some members of the community subsequently petitioned the Delta State Government and the State Security Service (SSS) and accused Mr Okonjo of engaging in land grabbing, illegal arms dealings, harassment of indigenes, and formation of armed militia groups, among others.

The petition to the SSS, dated 4 October 2024 and addressed to the SSS director-general, was authored by F.O. Okolie, a law firm, on behalf of some community members.

The community members on whose authority the petition was authored included Chiedu Enwenwa, Hyacinth Okolie, Ellen Adigwe and Bruce Ugo Emordi.

In the petition, the community members claimed that Mr Okonjo, Onyema and others recruited some unnamed gunmen from South-east Nigeria into the community’s vigilante security outfit.

They alleged that the recruited gunmen were being used to forcefully take over people’s landed property and also to commit violent crimes such as kidnapping and murder.

They also claimed that the duo and others were using police operatives to intimidate community members, alleging that the issue had earlier been reported to the police authorities in Nigeria and that no action had been taken.

They expressed fear that, given the current tension, the community was on the verge of being thrown into war and a breakdown of law and order.

The community members, in the petition, appealed to the SSS to investigate all the community vigilante groups and palace guards as well as the alleged kidnap and murder of some indigenes of the community.

They also called for an investigation into Mr Okonjo’s alleged “illegitimate dealings in prohibited firearms” allegedly imported into the community by gunmen.

Palace speaks

On 31 October, a PREMIUM TIMES reporter contacted Ifeakanachukwu Emordi, Mr Okonjo’s palace secretary, to seek to speak with the traditional ruler about the allegations.

After dismissing Mr Okonjo’s conviction for theft as untrue, Mr Emordi promised to get the traditional ruler to speak with our reporter on the phone.

Minutes later, Onyema phoned our reporter and claimed, without evidence, that the petitioners were not representatives of Ogwashi-Uku.

Regarding the allegations of land grabbing, he claimed that all lands in Ogwashi-Uku are held in trust by the traditional ruler in accordance with the community’s traditions and customs.

“That’s our land tenure system. Obi doesn’t have to grab any land that is under his custody,” he said.

He said the SSS should be allowed to investigate the allegation of recruiting gunmen into the community’s vigilante groups and harassment of indigenes.

When quizzed about the conviction of the traditional ruler in the US, he responded, “We are not aware of that.”

Our reporter again requested to speak with the traditional ruler. Onyema promised to inform the traditional ruler and revert. But he did not get back to the reporter.

When contacted again on 6 November, nearly a week after, he claimed Mr Okonjo was busy and not available to speak on the issues.

Onyema said he might get another person to respond before the end of the week if the traditional ruler remained unavailable.

When our reporter informed him that court documents shows that he too was convicted in the US, Onyema retorted, “I can’t speak to all of these issues.”

“We will get back to you to try to clear the air as far as any of these issues are concerned,” he added.

Commission of enquiry

In response to the petition, the Delta State Government set up a commission of enquiry to investigate the allegations against the traditional ruler, particularly on land-related issues.

The commission is expected to begin a public hearing on Thursday and conclude it on 20 November 2024, according to an announcement from the Secretary to the commission, Gabriel Eze-Owenz, a lawyer.

SEE COURT DOCUMENT BELOW

DOCUMENT 1 

DOCUMENT 2

DOCUMENT 3 

 

SOURCE: PREMIUM TIMES

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OANDO WINS ‘DEAL OF THE YEAR’ AWARD AT AFRICA ENERGY WEEK 2024

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Oando Plc, Africa’s leading energy solutions provider listed on the Nigerian Stock Exchange (NGX) and Johannesburg Stock Exchange (JSE) is pleased to announce that the Company has emerged winner of the ‘Deal of the Year’ award at Africa Energy Week (AEW) 2024.

The Africa Energy Chamber (AEC), the organisers of the annual week-long oil and gas conference, hosted and recognised different stakeholders at a Gala and Award night held at the Cape Town International Conference Centre (CITCC), on Tuesday, 5 November, 2024.

In a category comprising other high-profile deals in the sector and across Africa, Oando won the award in recognition of the Company’s recently completed landmark $783 million acquisition of the Nigerian Agip Oil Company (NAOC) from the Italian Energy firm Eni on 22 August, 2024.

This acquisition, 10 years in the making since Oando’s initial entry into the ConocoPhillips/NAOC/NNPC Joint Venture (JV) in 2014 when the Company acquired ConocoPhillips Nigeria business, doubled the company’s stake in the JV to 40% and operator of the assets.

In receiving the award, the Company’s Group Chief Executive, Wale Tinubu, remarked “We are delighted and honoured to receive the ‘Deal of the Year’ award from Africa Energy Week. It’s been a remarkable year on many fronts. First, we marked our 30th anniversary as a business, then concluded our strategic plan to acquire our second IOC in a decade, Nigerian Agip Oil Company (NAOC) and step up to the role of operator.

“This award is more than just an accolade for a successful deal closure; it represents a public acknowledgement of the culmination of 30 years of grit, hard work, resilience, and sheer belief in our vision. It is a testament to my belief that with the #HumansOfOando, impossible is nothing. I’d like to thank the dream team, the #HumansOfOando, our financiers, and partners for their belief and role in making this award a reality.”

The acquisition is the culmination of a decade of preparation, strategic planning, and unwavering commitment to a vision of becoming Africa’s first indigenous International Oil Company.

It is a testament to the organisation’s 30-year journey spanning the entire energy value chain, with consistent and deliberate actions at each stage that have led to the advancement of indigenous participation in the industry.

The Deal of the Year award “recognises the most transformative and impactful deal in the energy sector – honouring excellence in negotiation, strategic alignment, innovation and collaboration – and celebrates deals that drive advancements in energy and economic growth.”

With this year’s AEW theme of “Invest in Africa Energies: Energy Growth Through an Enabling Environment”, the AEC, through the AEW Awards 2024, recognised other persons, International (IOCs) and National Oil Companies (NOCs) across the continent through awards in 10 categories.

 

Tinubu at the event also delivered a key note address with the topic, Transforming Africa’s Oil and Gas landscape through strategic Merger and Acqusition.

During the address he noted that indigenous companies contribute approximately 30% of the country’s crude oil production and hold around 40% of the total oil reserves. Additionally, they account for 60% of the country’s gas production and approximately 32% of gas reserves. This data underscores the growing significance of local players in the African oil and gas sector.

He also highlighted improvements in the business environment, citing the improved Ease of Doing Business driven by recent reforms that have attracted increased investments in energy. Tinubu pointed to the successful Implementation of the Petroleum Industry Act (PIA), which has established a regulatory framework that enhances transparency and boosts investor confidence.

Tinubu’s remarks included a call for enhanced collaboration among policymakers, investors, and oil and gas companies to foster the growth of indigenous firms through supportive regulations, financing access, and technology transfer. He urged stakeholders to focus on leveraging M&As to diversify and expand capabilities within the sector while emphasizing the need to strengthen Africa’s institutional and financing capacity for local firms.

As Oando continues on its growth trajectory, Tinubu’s insights served as a powerful reminder of the strategic importance of indigenous companies in Africa’s energy transformation and the collective effort required to drive sustainable development across the continent.

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