Connect with us

Interview

AMCON’s bid to return Arik Air to founder fails twice over N240.3b debt

Published

on

Fresh facts have emerged in the conflict of interest between the shareholders of Arik Air and the Asset Management Corporation of Nigeria (AMCON), with the latter showing evidence of failed attempts to return the airline to its founder.

AMCON and Arik Air (in-receivership), which had been accused of barring the major shareholders from access to the airline’s headquarters, showed efforts at an amicable resolution of the difference, but for the yet unresolved payment plan for debt over N240.3 billion, as of May 2022.

Recall that AMCON, the special debt recovery vehicle of the Federal Government, took over Arik Air in February 2017 as part of measures to “save” the airline from “imminent collapse”. AMCON had cited gross mismanagement by the owners of Arik, and debt above N300 billion.

In a recent twist to the development, the Chairman of Arik Air, Johnson Arumemi-Ikide, lately attempted to reclaim the airline’s headquarters following a Federal High Court ruling that faulted AMCON on transparency, transfer of Arik’s asset to float a new airline, and barring of Arumemi-Ikide and co. from the Arik Air facilities.

The Guardian yesterday learnt that the major shareholders of Arik Air, led by Arumemi-Ikide, had on at least two occasions – in 2018 and 2022 – called for amicable settlement of the debt, which were welcome by AMCON and Arik Air (in-receivership).

In a 2018 memo to AMCON, the shareholders had hinted at a ready investor willing to settle Arik’s outstanding. The Management of AMCON agreed (subject to regulatory approvals) to settle the then indebtedness of Arik Air with the payment of the sum of N65 billion to AMCON in full, and the final settlement of AMCON’s debt of N135.3 billion.

Also, payment of the sum of N26 billion to AMCON concerning Zenith Bank Plc’s exposure was taken over in full and final settlement of all debts owed to Zenith Bank Plc. Payment of a sum equivalent to 65 per cent of the debt owed to Access Bank Plc (N7.6 billion) and EcoBank Plc (N5.2 billion), respectively. Furthermore, the condition that the company will bear the cost and expenses incurred post receivership.

It was agreed that, “Upon payment of the debts to AMCON and the banks, the receivership will be terminated and Arik Air Limited returned to its shareholders/owners alongside all documents and securities held by AMCON and the banks”.

According to AMCON, “in response to repeated requests for a proof of funds, (the shareholder) introduced SJ Global as a potential investor. Unfortunately, their purported letter of funds in Citi Bank, Hong Kong, turned out to be spurious and fake. After this, the shareholder of Arik through various emails intimated AMCON about some expected funds from U.S.”

Though AMCON continued to trust and proceeded to issue the offer for settlement, “the shareholders of Arik were unable to perform until the offer expired.”

Again, following a December 2019 letter, the major shareholders of Arik approached AMCON for a meeting to negotiate a discount on the expired offer to pay N65 billion. The Receiver Manager invited them to a meeting with the Management team of AMCON. No further reply was received, though later blamed on the ill health of the Arik founder.

In a May 18, 2022 letter to AMCON, settlement proposals were again made by Arik Air shareholders. This includes the proposal to pay N18.2 billion as full and final payment for both AMCON and Zenith Bank exposure – 80 per cent discount on the sum of N91 billion (being the total of the N65 billion and the N26 billion in our April 11, 2018 offer).

Also, five per cent as a down payment in cash or asset or a combination of both and a balance payment over a 10-year tenure with a two-year moratorium. Balance at zero interest throughout the tenure and a further five per cent discount, if the balance is paid two years earlier.

The shareholders further, “request on AMCON to assist to remove Arik from CBN debtors list and assist to obtain funds for capital injection to rebuild the airline at BOI interest rate.

“AMCON to assist to get concessions from CBN for Arik Air to get access to foreign exchange directly from CBN to repair, refurbish grounded and presently unserviceable aircraft and purchase spares to restock for efficient operations of the Airline.

“AMCON to assist the Airline in discussions with various debtors when and if necessary. Once an agreement is reached, this will be presented to the court as a consent judgment and all cases in courts should be withdrawn by both parties.”

AMCON, however, declined to accede to the proposal “as it does not meet settlement expectations.”

Upon receivership in 2017, AMCON disclosed that “Arik did not have adequate cash available even for a week’s operations. Out of the 30 aircraft on the records of the company, only eight aircraft were on the ground and immediately available for operations.

“The company was heavily indebted to Lufthansa Technic; its long-standing Maintenance Repair Organisation (MRO) and they had withdrawn their services and left Nigeria. They were replaced with Ethiopian Airlines (MRO). These were also being owed at the commencement of the Receivership.

“SAMCO Aircraft Maintenance Limited (SAMCO), a Dutch company responsible for maintaining the CRJs and the Q400s, was owed over EURO2.4 million representing nearly six months of obligations.

“Outstanding salaries owed to indigenous and expatriate staff. The work environment was toxic, with many disgruntled staff due to unpaid salaries. Salaries of the expatriate staff and crew were unpaid. Some since July 2016. Some Nigerian Pilots had not been paid since October 2016. In addition, salaries for other local staff had been outstanding since December 2016.

“Health insurance for the employees had expired and was not renewed. Staff and company pension contributions were unremitted for years.

“Recency training for many pilots necessary to certify pilots for the flight was suspended due to lack of funds. This involves simulator training, available abroad. All training schools were owed and had refused further credits. Thus, pilots were grounded, and many flights could not be properly crewed.

“Hotels housing crew and expatriate staff were not paid. In some cases, rents on the apartments of foreign crew/engineers were outstanding. The company was stranded. Arik was cancelling flights due to its inability to be fuelled on credit or to pay fuellers upfront as there were outstanding payments owed to aviation fuel suppliers.

“Outstanding insurance premium on the aircraft; etc. The insurance policy for the airplane fleet was due to lapse on Friday, 10 February 2017, and the Company was already owing N418.89 million as arrears of unpaid premiums. Lack of maintenance reserves. There was no Arik maintained reserve to overhaul planes.

“Leases on two A330 planes from subsidiaries of Standard Charter were outstanding for over six months. Mercator, the company with the rights and responsibilities for the management of the Passenger Service System and sale of tickets, was owed $2.5 million. They subsequently cut the company off from using the platform.

“Curiously, even the internet subscription offered by Globacom was suspended due to overdue payments. A good number of the aircraft were at different locations and in various states of disuse. Some of the aircraft had been robbed of vital parts.”

Interview

EFCC Bursts Syndicate of 792 Cryptocurrency Investment, Romance Fraud Suspects in Lagos … Arrests 193 Chinese, Arabs, Filipinos, Others

Published

on

By

The Executive Chairman  of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede, has  disclosed that the Commission, in a landmark raid,  arrested 792 suspects  for their alleged involvement in cryptocurrency investment fraud and romance scam.

The  suspects were apprehended on Tuesday, December 10, 2024, in a surprise operation at their hideout, an imposing seven-storey edifice known as Big Leaf Building, on No.7, Oyin Jolayemi Street, Victoria Island, Lagos , following verifiable intelligence received by the Commission.

Speaking during a media briefing on Monday, December 16, 2024,   at the Lagos  Zonal Directorate of the Commission, Olukoyede stated that  148 Chinese, 40 Filipinos, two Kharzartans, one Pakistani, one Indonesian were arrested during the operation.

The EFCC’s boss,  who spoke though the Director, Public Affairs, EFCC, Commander of the EFCC,  CEWilson Uwujaren, further stated that the  foreign nationals used the facility, which could be mistaken for a corporate headquarters of a financial establishment, to train their Nigerian accomplices on how to initiate romance and investment scams and also used the identities of their Nigerian accomplices to perpetrate their criminal activities.

According to him, “All the floors are equipped with high-end desktop computers. On the 5th floor alone, investigators recovered 500 SIM cards of local telcos that were bought for criminal purposes.

“ Their Nigerian accomplices were recruited by the foreign kingpins to prospect for victims online through phishing, targeting mostly Americans, Canadians, Mexicans, and several others from European countries.

“They usually arm them with desktop computers and mobile devices and create fake profiles for them.

“The Nigerian accomplices are equally provided with logs that allow them access to foreign communication lines and victims, which they chat with on WhatsApp, Instagram and Telegram.”

While giving  further details about the modus operandi of the syndicate, the EFCC Chair said the Nigerian accomplices, who are assigned WhatsApp accounts linked to foreign telephone numbers, especially from Germany and Italy, engage victims in romantic conversations as well as phantom business and investment discussions to trick them to shop on the purported online investment shopping platform called www.yooto.com.

He added: “For those who show interest, activation fees for an account on the platform starts from $35USD.

“Investigation revealed that the criterion for recruiting these young Nigerians is proficiency in the use of computers, especially typing skill. Those who passed the test are given desktop computers and mobile devices and then taken through a two-week induction on how to personate foreign females in romance scam chats and convince victims to invest in their employers’ cryptocurrency investment scam.

“Once the Nigerians are able to win the confidence of would-be victims, the foreigners would take over the actual task of defrauding the victims and proceed to block their Nigerian accomplices from the network. This would then leave them in the dark about the transaction.”

He, however, said the Nigerians involved in the alleged fraudulent activities “do not know the owners of the ‘company’ they work for because they are not offered letters of appointments or receive payment from a corporate account.”

According to him, the  suspected Nigerian accomplices are usually paid either in cash or through an individual’s account.

Olukoyede said the Commission was working with its foregoing partners to establish the extent of the scam and the accomplices as well as the likelihood of any collaboration with organized international fraud cells.

The EFCC Chair also used the occasion to debunk the notion that Nigerians are behind the tonnes of frauds emanating from the country.

“Foreigners are taking advantage of our nation’s unfortunate reputation as a haven of frauds to establish a foothold here to disguise their atrocious criminal enterprises. But, as this operation has shown, there will be no hiding places for criminals in Nigeria,”he said.

Also speaking during the occasion , the acting Zonal Director, Lagos Zonal Directorate of the Commission, Michael Wetkas, sought greater collaboration with the media in the fight against  corruption and economic and financial crimes.

Items recovered from the suspects include desktop computers, mobile phones, laptop computers and cars at the point of arrest.

The suspects will be charged to court after investigations are concluded.

Continue Reading

Interview

Kogi Governor Ododo Allegedly Spends N400million To Build ‘Intruders Gate’, Another N439million To Produce Staff Of Office For Chiefs

Published

on

By

About N400million was spent by the Governor Usman Ododo’s administration in Kogi State for the construction of what was tagged “Intruders gate”, a copy of the 2024 state budget performance report obtained by SaharaReporters has revealed.

An intruders gate, also known as a security gate or anti-climb gate, is a type of gate designed to prevent unauthorised access to a property, building, or restricted area.

The primary purpose of such gate is to provide an additional layer of security and protection against potential intruders.

The budget document seen by SaharaReporters showed that the Governor Ododo-led government had in the last 9 months spent N398,817,976.33 on “intruders gate instead of the N100,00,000 appropriated and approved in the 2024 budget by the Kogi State House of Assembly.

This suggested that N298,817,976.33 was allegedly illegally spent above the budget ceiling on such gate.

However, where the gate was mounted by the government wasn’t disclosed in the document.

A further check on the report revealed that N439,500,000.00 has so far been spent in 2024 for the “production of customised staff of office for graded chiefs” in the state.

These spendings are coming at a time when residents of the state like other Nigerians are going through a spike in cost of living, hardship and hunger.

Earlier, SaharaReporters reported how the Ododo-led government spent N2.9billion for the Government House minor capital works and remodelling government house between January and September 2024.

The review showed that while the state budgeted N100 million for government house minor capital works, it has ended up spending N784 million within nine months.

Also while the government budgeted N962million for remodeling government house structure, it has spent N2.2 billion within nine months.

The review further showed that based on the details published by the state government, it has continued to overshoot budgetary allocations.

For instance, N50million was budgeted for renovation of Speakers’, honourable members residential quarters, within nine months however N58.7 million was spent.

Renovation of honourable speaker and deputy speakers lodge stood at a budgeted amount of N50 million , however N52 million was spent within nine months.

Maintenance of the Secretary to the State Government’s official residence and landscaping stood at a budget of N10million, however within nine months N13.8million was spent.

Construction of Mosque and Chapel in the government house was budgeted at N25 million, however the state spent N86.4 million within nine months.

Continue Reading

Interview

Audit report reveals CBN’s non-disclosure of $40.23bn in reserves, policy violations under Emefiele’s tenure

Published

on

By

The Central Bank of Nigeria (CBN) failed to disclose details of the nation’s external reserves, valued at $40.23 billion, in its 2021 financial year report, as stated in the latest findings from the Office of the Auditor General of the Federation.

The 2021 audit report, released in December 2024, further exposed violations of internal policies on dollar time deposits by the CBN under the leadership of Godwin Emefiele.

Emefiele, whose tenure as CBN governor ended in June 2023, is currently facing charges by the Economic and Financial Crimes Commission (EFCC) at the High Court of the Federal Capital Territory, Abuja.

The EFCC accuses him of obtaining $6.2 million under false pretenses, using a forged letter purportedly from the Secretary to the Government of the Federation dated January 26, 2023.

The letter allegedly requested a contingent logistics advance from the CBN, which Emefiele falsely claimed was authorized by the president.

The audit also scrutinized the CBN’s adherence to its revised Investment Policy, raising additional concerns about financial management during the period under review.

“For the year 2021 financial year, the Bank failed to publish the position amounting to US$40,230,803,228.80 of the country’s external reserves to the public,” the report stated.

The report further noted that there was no waiver or new policy introduced during the period that could explain the non-disclosure of the external reserves.

It attributed the failure to weaknesses in the internal control systems at the Central Bank of Nigeria (CBN).

The report also pointed out that this lack of transparency violated Article 15(v) of the CBN’s revised Investment Policy, which mandates the Bank to define the content, form, and frequency of reports on external reserves to ensure transparency.

The Auditor General expressed concerns about the significant risks associated with this breach, including a lack of accountability, diminished transparency, and potential harm to Nigeria’s economic credibility.

The report cautioned that foreign investors are not sufficiently informed about the country’s economic status, which could undermine investor confidence.

In response to the audit query, the management of the Central Bank of Nigeria (CBN) stated that “information on the external reserves position is available to members of the public on the Bank’s website under the Reserve Management tab.”

The report also mentioned that the Central Bank’s Monetary Policy Committee (MPC), which convenes every two months, provides updates on the reserves.

However, the Auditor General’s assessment concluded that the bank’s response did not effectively address the fundamental issue at hand.

“The response from the Management failed to address the issue raised,” the report said, maintaining that its findings remain valid.

The Auditor General’s report recommended that the CBN governor be summoned before the National Assembly’s Public Accounts Committees to explain the failure to publish the reserves.

It also called for potential sanctions under the Financial Regulations Act of 2009, citing serious misconduct.

Additionally, the report suggested that “sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply.”

The audit also uncovered a violation of the Central Bank of Nigeria’s (CBN) Money Market Policy, in addition to the non-publication of reserves figures. It revealed that a $26.05 million dollar time deposit exceeded the mandated maximum maturity period of three months, rolling over for five months without the required waivers.

This deposit, made on October 21, 2021, matured on March 21, 2022, in direct contravention of internal policies designed to manage liquidity and credit risks.

The Auditor-General attributed this breach to weaknesses in the CBN’s internal control systems.

In its defense, the central bank argued that its policies allow for extensions of up to one year for specific transactions, asserting that the dollar deposit was in compliance with these provisions.

However, the Auditor-General rejected this explanation, pointing to insufficient evidence to support the bank’s claims.

The report recommended that the CBN governor appear before the Public Accounts Committees of the National Assembly to justify both the failure to publish reserves and the extension of the dollar deposit’s maturity.

Additionally, it called for sanctions against the CBN under the Financial Regulations Act of 2009 for gross misconduct.

“The CBN Governor should be requested to: Furnish the Public Accounts Committees of the National Assembly with the evidence of approval to extend the maximum maturity period of US$26,051,039.29 deposit of the CBN for five months instead of three months, and Otherwise, sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply,” it said.

The Street Journal!

Continue Reading

Trending