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DAPPMAN asks FG to stop Dangote refinery alleged monopoly

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The group of oil marketers accused by the Vice President of Dangote Industries Limited, Devakumar Edwin, to have reported the Dangote Refinery to President Bola Tinubu for its low-priced product is the Depot and Petroleum Products Marketer’s Association of Nigeria, The PUNCH reports.

 

The association’s secretary, however, denied reporting the refinery to Tinubu in the manner Edwin described.

 

Last week, the Dangote official during a space session organised by Nairametrics on X claimed that the oil marketers reported the refinery to the President that the plant’s low-priced diesel was counter-productive to oil marketers’ businesses.

 

 

He also revealed that oil marketers had continued to boycott Dangote diesel and aviation fuel after the refinery crashed the price of diesel.

 

 

According to him, over 95 per cent of petroleum product importers in Nigeria are not buying products from the Dangote refinery.

 

He said the refinery struggles to sell about 29 tankers of diesel per day due to low patronage from local petroleum product importers.

 

As a result of poor local patronage, the refinery, he said, exports most of its diesel and aviation fuel.

 

 

Petroleum product marketers in Nigeria have written to President Bola Tinubu, complaining that the refinery’s local diesel prices, which have dropped from N1,200 to N1,000 and now to N900 per litre, are negatively impacting their businesses,” Edwin stated.

 

Although, several petroleum marketers’ associations have issued statements debunking this claim, a copy of the letter obtained by one of our correspondents on Sunday revealed the identity of the group that was accused by the Dangote official as the DAPPMAN.

 

 

In the letter addressed to the Senate President, Godswill Akpabio, on July 4, 2024, the association stated that the correspondence was to highlight issues in the Downstream Petroleum Industry which require urgent intervention to engender the sustenance of deregulation and free market policies as intended by the PIA 2021.

 

The letter signed by its Executive Secretary, Olufemi Adewole, was titled, “An Urgent Call For The Sustenance Of Deregulation And Free Market In The Downstream Petroleum Industry In Strict Compliance With The Petroleum Industry Act 2021”.

 

 

We write to bring to the attention of the President of The Senate, some highlights of issues in the Downstream Petroleum Industry which require urgent intervention to engender the sustenance of deregulation and free market policies as intended by the PIA 2021.

 

“We recognise the need for the Nigerian Midstream and Downstream Petroleum Regulatory Authority to remain committed to the legislation establishing it with consistent policies. Deregulation and a free market are critical for the survival of this Industry and stipulations must remain fair with consistent policies which are required to achieve the real intendment of deregulation and liberalisation of the petroleum downstream sector.

 

 

We also recognise and note the recent and boisterous support for Dangote refinery by the leadership of the National Assembly during your recent visit to the refinery and we hereby state emphatically that the success of the refinery would indeed be a thing of pride and joy to all of us as Nigerians,” the letter read in part.

 

 

It stated that before the establishment of the Dangote refinery, Nigerian business entrepreneurs had invested over N3tn in the nation’s downstream petroleum sector and the tilt towards the creation of a monopoly for the supply of Automotive Gas Oil to Nigeria’s downstream operators solely by the Dangote Refinery is detrimental not only to the downstream operators but the nation at large.

 

The association explained that the created monopoly deprives Nigerians of cheaper options, as the Dangote Refinery will always have the final say and dictate prices without any competing alternatives, just like it currently operates in the cement, sugar industry, the salt production sector and noodles sector.

 

It also alleged that the company’s diesel product far exceeds the average of 50/ppm sulphur required for AGO imports by marketers, “yet the regulator has restricted all other downstream operators to sourcing this product exclusively from the Dangote Refinery.”

 

The letter continued, “We are all aware of the antecedents of the Dangote Industries in the cement industry, the sugar industry, the salt production sector and the attempts made in the noodles sector all of which either left competing brands comatose or seriously bruised.

 

 

With hindsight of the foregoing, however, we note with dismay, the apparent tilt towards the creation of a monopoly for the supply of Automotive Gas Oil to Nigeria’s downstream operators solely by the Dangote Refinery.

 

“It is on credible record that marketers’ AGO imports have complied with the Afri 5’ Gasoil and Gasoline specification of sulphur content not exceeding 50/parts per million (ppm) from 1st January 2024 despite the inability of local refining capacity, (including the Dangote Refinery), to meet this specification to date.

 

“Dangote refinery’s AGO presently has sulphur content exceeding 700/ppm, in accordance with waiver granted by the NMDPRA. This far exceeds the average of 50/ppm sulphur required for AGO imports by marketers.

 

 

This is a clear adoption of Dangote Oil Refinery as the SOLE supplier of AGO to the nation. This situation is detrimental not only to the downstream operators but the nation at large. It deprives Nigerians of cheaper options, as the Dangote Refinery will always have the final say and dictate prices without any competing alternatives.

 

 

“In the spirit of deregulation, it is important that market forces are allowed free reign in the sector within the appropriate rule of Law. Dangote Refinery’s initial step was to crash the price of AGO from a ‘high’ of N1,700/litre to N1,200/litre and later to N1000/litre and later N900/litre despite the large inventory of the imported AGO with marketers which thus could not be sold as it was imported with very high forex rate.”

 

They stated that marketers with this huge volume of AGO saw the opportunity to reduce their losses when forex rates crashed and the naira appreciated against the US dollar as they sought to import cheaper AGO stock to ‘blend’ their retail pump price, reduce their losses and sell off their AGO stock.

 

 

Unfortunately, the regulator came up with the restrictive policy which foreclosed

 

importation of AGO thereby limiting the product source to only Dangote refinery,” DAPPMAN said in its letter.

 

The letter also alleged that the refinery consistently sells refined petroleum products to foreign traders at $50 per metric ton less than the price charged to local companies and charges in dollars without an option to pay in naira for local marketers.

 

 

We emphasize that all the scenarios listed above are neither in tandem with the spirit of PIA 2021 nor with the Federal Competition and Consumer Protection Act, 2018, which collectively restrict monopoly of any sort and indeed, run contrary to President Bola Tinubu administration’s admirable policies to foster ease-of-doing-business in Nigeria,” it said.

 

 

Making its recommendations, DAPPMAN asked the government to urgently intervene in the above situation by eliminating restrictions or forced limitations on marketers to source products from Dangote Refinery until the Port Harcourt and Warri Refineries are fully rehabilitated.

 

“There should be no restriction or forced limitation of any marketer to be sourcing his product from Dangote Refinery until the Port Harcourt and Warri Refineries are fully rehabilitated and re-streamed to increase local refining capacity and provide product options for the nation.

 

 

There should be no monopoly of sourcing and all marketers should be allowed to import fuels into the country in line with internationally recognised healthy specifications,” The letter concluded.

 

Commenting, the DAPPMAN Executive Secretary, Olufemi Adewole, in a chat with one of our correspondents, said the comments by the Dangote official didn’t paint the accurate picture.

 

“Please compare this actual paragraph of the letter which I signed to what Edwin quoted and twisted and you’ll see the difference,” He noted.

 

 

When asked if the marketers would still patronise the company, the secretary replied, “Like yesterday, yes!!!”

 

“NNPCL as sold buyer is Indirectly saying they are maintaining subsidy as it means marketers will take from the NNPC stock lifted off Dangote Refinery. “

 

Source: Punch Newspaper

 

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Alleged 76bn, $31.5m Fraud: EFCC Arraigns Ex AMCON MD, Ahmed Kuru, Four Others in Lagos

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The Economic and Financial Crimes Commission (EFCC) on Monday, 20 January, 2025 arraigned a former Managing Director of Assets Management Corporation of Nigeria AMCON, Ahmed Kuru and four others for allegedly defrauding Arik Airline N76 billion and $31.5 million, respectively.

 

Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, and Super Bravo Ltd and Union Bank PLC.

 

The defendants were arraigned before Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos on a six-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.

 

The defendants, however, pleaded not guilty to all the six-count charges when they were read to them.

 

Count one reads: “That you, Union Bank Nigeria Plc, sometime in 2011 or thereabouts, in Lagos, within the jurisdiction of this Honourable Court, with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, made false statements to the Assets Management Corporation of Nigeria (AMCON), regarding Arik Air Limited’s performing loans, following which you transferred a bogus figure of N71,000,000,000.00 (Seventy-One Billion Naira) to AMCON.”

 

Count two reads: “That you, Ahmed Lawal Kuru, Kamilu Alaba Omokide as Receiver Manager of Arik Air Limited, and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership, sometime in 2022 or thereabout, in Lagos, within the jurisdiction of this honourable court, fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000,000.00 (Four Billion Nine Hundred Million Naira only), property of Arik Air Limited”.

 

Count five reads: “That you, Kamilu Alaba Omokide, Ahmed Lawal Kuru and Capt. Roy Ilegbodu, on the 12th day of February, 2022 or thereabout, in Lagos, within the jurisdiction of this Honourable Court, being public officers, directed to be done in abuse of the authority of your office and with intention of obtaining undue advantage for yourself and cronies an arbitrary act, to wit: intentionally authorizing the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5million (Thirty One Million, Five Hundred Thousand Dollars), an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited”.

 

The counsel to the first and third defendants, Prof Taiwo Osipitan, SAN, informed the court of a motion for bail application dated November 28, 2024 and November 29, 2024 for the two defendants.

 

Osipitan prayed the court that the defendants be granted bail on liberal terms.  According to him, the first defendant had no criminal records and that the EFCC granted him administration bail  which he didn’t jump.  “We pray the court grants bail to the two defendants on the same liberal terms given to them by EFCC,” he said.

 

EFCC Counsel, Wahab Shittu SAN, filed counter-affidavits dated December 2, 2024 against the first defendant and also another counter affidavits dated December 22, 2024 against the third defendant.  Shittu prayed the court to dismiss their bail applications.

 

According to him, the two defendants are facing serious offences of economic sabotage. However, he agreed with the second and third defence counsel that they are presumed innocent pending the determination of the court. Shittu , however, added that the temptation of the defendants leaving the country was very high. He thereafter prayed that accelerated hearing be granted and the defendants’ international passports be seized by the court.

 

“But if my lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court. “We urge that they should submit their international passports with the court in order to ensure that they come for trial,” he said.

 

The counsel to the second defendant, Olasupo Shasore, SAN in his motion for bail dated December 6, 2024 and filed on the same day, urged the court to also grant bail to his client on self recognition.

 

The prosecuting counsel in his counter affidavits dated January 17, 2025, opposed the bail application of the second defendant.

 

He said the application for bail was incompetent and should be struck out. Shittu cited relevance laws to buttress his argument. “My lord, the record of this court is to the effect that the second defendant, at one point, absconded in which your lordship had to issue a bench warrant. “The learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant.

 

“I urge my lord, in exercising his discretion, to take all this into consideration because our concern is the appearance of the second defendant in court so that he does not abscond.”

 

After listening to the arguments from all the parties, Justice Dada granted bail to the defendants in the sum of N20 million Naira each with two sureties in like sum.   The sureties must be gainfully employed and deposed to means of identification.

 

She also directed that the defendants must submit their international passports with the registrar of the court.

 

Justice Dada adjourned the matter till March 17, 18, and 19, 2025 for commencement of trial.

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Absence Of Oba Otudeko, Bisi Onasanya, Others Stalls Arraignment Over N12.3Billion Fraud As Otudeko’s Lawyer Protests In Court

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The counsel for Oba Otudeko, Chairman of Honeywell Group, who is facing charges of a N12.3 billion fraud, appeared before a Federal High Court in Lagos on Monday to protest the charge.

Mr. Bode Olanipekun (SAN) informed the court that he was protesting because the charge had not been served on Otudeko or the two other individuals charged alongside him, the News Agency of Nigeria reports.

Olanipekun informed the court that, despite not being served with the charge, the defendants were shocked to learn about the planned arraignment through the media when the story broke last Thursday.

The 13-count charge was filed by the Economic and Financial Crimes Commission (EFCC) against Oba Otudeko, former Managing Director of FirstBank Plc. Olabisi Onasanya, and former Honeywell board member Soji Akintayo.

Olanipekun is the counsel for the three defendants.

They were charged alongside the company, Anchorage Leisure Ltd.

 

The EFCC alleges that the defendants obtained the sum under false pretenses.

 

According to the EFCC, the four committed the fraud in tranches of N5.2billion, N6.2billion, N6.150billion, N1.5billion and N500million, between 2013 and 2014 in Lagos.

 

The 13-count charge, filed by EFCC counsel, Bilikisu Buhari, on January 16, 2025, further claimed that the defendants used forged documents to deceive the bank.

Specifically, count 1 accused the defendants of conspiring “to obtain the sum of N12.3Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V-TECH DYNAMIC LINKS LIMITED and Stallion Nigeria Limited, which representation you know to be false.”

 

In Count 2, it was alleged that the defendants, on or about 26th day of November, 2013 in Lagos, “obtained the sum of N5.2 billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V TECH DYNAMIC LINKS LIMITED which representation you know to be false.”

 

The 3rd count alleged that the defendants, between 2013 and 2014 in Lagos, obtained N6.2billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”

 

In the 4th count, they were accused of conspiring to spend the N6.15billion, out of the monies.

According to the Commission, the offences contravened Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and was punishable under Section 1(3) of the same Act.

Counts 5 reads: “That you, Chief Oba Otudeko, Stephen Olabisi Onasanya, Soji Akintayo and Anchorage Leisure Limited on or about 11th day of December, 2013 in Lagos, procured Honeywell Flour Mills Plc to retain the sum of N1.5 billion, which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 18(c), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.”

Meanwhile, Otudeko had reportedly fled Nigeria ahead of his scheduled arraignment on fraud charges.

 

According to TheCable Newspaper, Otudeko’s exit from the country is linked to the mounting legal pressures and financial disputes he is facing.

The newspaper reported that the businessman left the country via one of the land borders.

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Loan controversy: Bisi Onasanya’s lawyer condemns media trial….Judge adjourns case to February 13

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In line with his resolve to defend himself and clear his name, Dr. Bisi Onasanya through his lawyer, Adeyinka Olumide-Fusika, SAN, at a session at the Federal High Court Lagos on Monday, January 20, 2025, demanded the service of proof of evidence and summons.

Onasanya, a chartered accountant and a former Group Managing Director of First Bank is defending himself against a controversial loan that allegedly occurred at First Bank 12 years ago. The retired banker is refuting the allegations alongside three others namely former Chairman of the bank, Chief Oba Otudeko, a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.

At a hearing at the Federal High Court in Lagos on Monday, Fusika condemned the media trial his client had been subjected to, saying he was not formally invited by the EFCC or served a notice of the charge.

He expressed surprise at seeing news stories in major newspapers linking Dr Onasanya to a trial on loan controversy during his time as First Bank Group Managing Director without prior notification.

“My Lord, it is concerning that my client has been unduly exposed to media trial without being formally served. This is a procedural anomaly that undermines his right to a fair hearing and personal dignity,” Olumide-Fusika said.

The prosecuting counsel, Rotimi Oyedepo, denied any involvement by the EFCC in the media coverage of the case.

He stated that the commission had not issued a press statement and suggested that journalists may have obtained information through other means.

“My Lord, we disassociate ourselves from any media reports,” Oyedepo said.

The EFCC also applied for an ex parte motion to issue a bench warrant for the defenders’ arrest and sought permission to serve them through substituted means, alleging they had evaded service.

Olumide-Fusika opposed the motion, arguing that his client had always been available and had not evaded service. Demonstrating his determination to clear his name, the senior lawyer prayed to the court to have the EFCC serve the charge and the proof of evidence in the open court.

“This application is unwarranted and speculative. My client has neither avoided service nor absented himself from this matter. The claims of the prosecution are baseless. Since I am here and my client is ready to go ahead with this case, I ask to be served the charge and the proof of evidence here in the court,” Olumide-Fusika argued.

Justice Chukwujekwu Aneke, who presided over the case, dismissed the EFCC’s motion for substituted service on Onasanya since he has accepted to be served in the open court.

The judge consequently ordered that the EFCC serve Olumide-Fusika the charge and proof of evidence in open court.

The EFCC complied with the directive, and Olumide-Fusika who confirmed the receipt of the document extracted a confirmation from the prosecution counsel that the proof of evidence submitted is exhaustive and there wouldn’t be an addendum. The defence counsel said EFCC’s confirmation should be on record, insisting that his client was ready to defend himself and clear his name.

Justice Aneke adjourned the case to February 13, 2025.

It will be recalled that Onasanya, through his Communication Advisor, Mr Michael Osunnuyi, had earlier dismissed allegations, describing the claims as baseless and an attempt to tarnish Onasanya’s stellar reputation for professionalism, integrity and humaneness.

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