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EFCC boss testifies against Ali Peters, Nadabo Energy over N761.6m subsidy fraud

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Justice S. S. Ogunsanya of the Lagos State High Court sitting in Ikeja, Lagos, on Wednesday, September 22, 2021, admitted in evidence several documents tendered by the Economic and Financial Crimes Commission, EFCC, against one Abubakar Ali Peters and his company, Nadabo Energy Limited, in an alleged N761.6m fraud.

Mr Abubakar and his company are being prosecuted by the Economic and Financial Crimes Commission, EFCC, over a 21-count charge bordering on obtaining money under false pretence, diversion of Federal Government funds and forgery to the tune of N761,628,993.84.

One of the counts reads: “Nadabo Energy Limited and Abubakar Ali Peters, on or about 26th day of September, 2011 in Lagos, within the Ikeja judicial division, fraudulently obtained the sum of N761,628,993.84 from the Federal Government by falsely representing that the sum represented the subsidy accrued to Nadabo Energy Limited under the Petroleum Support Fund for the importation of 16,808,064 litres of Premium Motor Spirit (PMS), which Nadabo Energy Limited purported to have purchased from Delano Petroleum Corporation Akara Tortola British Virgin Island, and transported the 16,808,064 litres through MT Gotland Carolina (mother vessel) and MT Sonia (daughter vessel) to Nigeria, whereas Nadabo Energy Limiter only imported 7,953,962 litres of PMS from Delany Petroleum Corporation Akara Tortola British Virgin Island and transported 7,953,962 litres of PMS through MT Gotland Carolina (mother vessel) and MT Songa (daughter vessel) to Nigeria.”

The offence, which involves obtaining by false pretence, is contrary to Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006.

He pleaded “not guilty” to the charges when he was arraigned on October 7, 2015, thereby prompting the commencement of his trial.

At the resumed sitting today, the Executive Chairman of the EFCC, Abdulrasheed Bawa, continued his examination-in-chief as the second prosecution witness.

Led in evidence by the prosecuting counsel, S.K. Atteh, the prosecution, through the witness, tendered in evidence several documents, as Mr Bawa further testified to the findings of the investigation he led into the alleged fraud.

The prosecution witness said: “In 2015, we received a complaint from the then Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, alleging fraud in the importation of PMS by Nadabo, and equally received a petition from Falana & Falana Chambers dated 17th of January, 2012.”

The petitions, which also included a complaint from a civil society group, he said, formed the bedrock of the investigation into Nadabo Energy Limited.

However, when the prosecution sought to tender the documents in evidence, the defence counsel, E.O. Isiramen, raised objections to their admissibility.

Citing the sections of the Evidence Act and other authorities, he argued that the documents, referencing the letter of complaint emanating from the civil group, did not meet the criteria stated in the Act, particularly that “there is no proof of payment for certification in line with established judicial authority that certification requires payment.”

Opposing the objection, Mr Atteh cited the case of Sule Lamido vs FRN, arguing that, “the Commission is an agency of the Federal Government and has no prescribed fee to be paid for certifying documents emanating from it.”

After listening to the arguments, the trial judge dismissed the objection and admitted the documents as exhibits P2 to P5.

Thereafter, Bawa told the Court that a Special Team was constituted by the EFCC to probe the subsidy regime.

He said: “The first port of call was the Petroleum Products Pricing Regulatory Agency, PPPRA.”

He also noted that after meeting with PPPRA, the defendant was among many involved in importing petroleum.

“Based on intelligence from PPPRA, we set out to get more intelligence.

“All the banks involved were written to, including the Central Bank of Nigeria, CBN, the Debt Management Office, DMO, Nigeria Port Authorities, NPA, NIMASA, the Nigerian Navy and many other companies involved in dealing with Nadabo Energy Limited.

“We invited all marketers to come forward with the documents they submitted to PPPRA.

“In this particular case, we wrote to him and his company, inviting them to bring forward all documents submitted.

“On 28th January, 2012, he came to our office and I personally interviewed him,” he said.

He added that the PPPRA was, thereafter, contacted to furnish the EFCC with the certified true copies of all documents submitted to it by the defendant.

“They responded in writing attaching the documents submitted by the defendant.

“When we received it, we compared it with the ones he submitted to us and found out that he claimed that he imported 6,000 MT each with two Letters of Credit financed by then Spring Bank Plc, which was not the case,” he further said.

Mr Bawa, in his further elaborate testimony, told the Court that in the course of the investigation, which began in 2012, the EFCC had several correspondences with the DMO, PPPRA, Enterprise Bank, Corporate Affairs Commission, CAC, Staco Insurance Company, Delaney Petroleum Corporation, Skye Bank and Q & Q Services Nigeria Limited.

He said based on the findings of the investigation team, the PPPRA was asked to recompute the money to be paid to the defendant and it was found that he was overpaid N761,628,993.84 as subsidy funds for PMS he claimed to have imported.

According to Mr Bawa, the defendant allegedly used forged documents to claim subsidy funds for 12,000MT of PMS, whereas only about 6,000 MT was imported by the defendant.

Atteh sought to tender the series of correspondences between the EFCC and the various companies and organisations contacted in the course of investigation.

According to Mr Atteh, the companies and organisations supplied the EFCC with documents indicating that fraudulent documents were used by the defendant to obtain subsidy funds from the government.

Mr Isiramen, however, raised objections to their admissibility, raising earlier arguments.

Ruling on the objections, Justice Ogunsanya only upheld Isiramen’s argument to the admissibility of the letter of the EFCC to the Registrar of the CAC, being a photocopy with no certification, but admitted all the other documents marking them as Exhibits P8 to P25.

Thereafter, Bawa told the Court that Abubakar was invited to the EFCC and he gave statements on January 28, 2012 and February 8, 2012.

As Atteh sought to tender the statements, Isiramen again raised objections, arguing that “he was detained in EFCC custody and subjected to inhuman conditions and he was not given water, no food.”

Atteh, however, told the Court that the defendant was never given an inhuman treatment and that the statements were, in fact, not confessional statements.

Thereafter, the trial judge dismissed the objection and admitted the statement in evidence marked as Exhibits P26 and P27.

The case has been adjourned till November 1 and 2, 2021 for “cross-examination of the witness”.

The defendant is also standing trial before Justice C.A. Balogun of the Lagos State High Court sitting in Ikeja for an alleged N1.4bn subsidy fraud due for October 5, 2021 for continuation of trial.

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FALSE CLAIMS STEMMING FROM MISINTERPRETED BOARDING VIDEO POST

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Our attention has been drawn to a video circulating online and on social media on the boarding of Air Peace passengers on flight P47123 from Abuja to Lagos on December 20, 2024. This report is false, mischievous and misleading.

The false video post was designed by some faceless individuals with the intent of misleading the flying public to cause confusion and distraction for management of Air Peace and its stakeholders including the regulators.

On the day in question, there were flight delays because of poor weather conditions, specifically harmattan-induced haze and fog, which is common at this time of the year, and which significantly limits visibility and impacts flight operations nationwide.

To ensure that passengers continued their journeys with minimum disruptions, Air Peace deployed three aircraft to Abuja to evacuate all the passengers. While processing them for their flights at the boarding gate, passengers overwhelmed both the FAAN and boarding officers and rushed to the airside. Duty managers and ramp officials then had to mount barricades in front of the motorized step to differentiate passengers on flights.

While we empathize with you, our loyal customer, we condemn in very strong terms the misinformation, insults and deliberate falsehood disseminated in the video post. Such representations are not reflective of our values or operations.

There is no truth in the allegation, and we urge the public to disregard the report in all its entirety.

We appreciate your understanding and patience during this period and sincerely regret any inconvenience these delays may have caused you. The safety of our passengers and crew is our utmost priority.

At Air Peace, safety is not just a priority but a fundamental precondition for all our activities. We remain committed to maintaining safe and timely operations.

For further assistance or inquiries, please contact us via callcenter@flyairpeace.com.

 

 

SIGNED

Dr. Ejike Ndiulo

Head, Corporate Communications

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Christmas, Cash Scarcity and Attacks against CBN’s Proactive Stance – Toni Kan

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Let us look at a few figures……..

Nigeria’s population is put at a little over 200 million people while the UK population is about 68 million. This means that the Nigerian population is about three (3) times that of the UK.

As at June 2023, the UK banking system had about 49,421 Automatic Teller Machines and almost 2.3 million Point of Sales Terminals.

By contrast, the Nigerian banking system had a little over 22,600 ATMS according to TechCabal and is projected to reach 29,000 by 2029 according to Statista. Conversely, Nigeria boasted 1,665,664 POS terminals as at December 2022. Meanwhile, figures attributed to Inlaks, which is described as Nigeria’s biggest ATM operator, suggest that Nigeria needs at least 60,000 ATM machines to serve its population of over 200 million.

Where is all this going? Well to borrow a phrase from the comedian, Jeff Foxworthy; hold my beer, sir!

Those who know me well know what my favourite Igbo proverb is. It goes something like this in translation – “the disease that gives you warning, does not kill you!” It is a proverb that underlines the imperative of proactivity, what the Igbo people might call igba mbo.

So, I was really pleased when I read that the Central Bank of Nigeria (CBN) was taking a proactive step to ensure that there is no cash scarcity this Christmas.

Nigerians love cash and that love can become obsessive and reach fever pitch at festive periods. Have you been to Abeokuta during Ojude Oba? Or to Kano during the Durbar? Or Onitsha during Ofala? Those are regional festivities. So, you can imagine what happens at Christmas!

All efforts at driving a cashless policy and economy seem to collapse when festivities come around the corner and this year, the CBN was quick to take proactive action weeks before the festivities reach fever pitch. But the apex bank’s interventions seem to be having unintended consequences even though as at the time of writing this, the apex bank had put out three (3) different circulars and one press release around the issue.

First, is a not-so-surprising pushback from the banks and then a seeming lack of understanding by the general public no thanks to rampant mis-information.

The issue of cash scarcity around the Christmas period worsened under the sway of Godwin Emefiele at the CBN. The fall-out from the disastrous naira redesign he superintended over at the apex bank continues to haunt our banking vaults but Olayemi Cardoso and team are focused on making sure we turn that dark corner.

Let us begin with the first circular dated November 29, 2024: “Cash Availability Over the Counter in Deposit Money Banks (DMBs) and Automated Teller Machines (ATMs).” The circular had two sections: DMBs were directed to ensure efficient cash disbursement to customers Over the Counter (OTC) with the CBN insisting that it will enforce the directive and ensure compliance.

Secondly, members of the general public were encouraged to report instances where they are unable to get cash Over the Counter or through ATMs. The CBN ended with a list of 37 email addresses and phone numbers across the 36 states and FCT for reporting issues.

On paper, it looked like Nigerians and the cash worries were all sorted this Christmas but it didn’t take time for the expected pushback to occur. News reports began to circulate of long queues at banks and of ATMs struggling to dispense more than N10,000. “NAN reports that long queues have emerged at ATM stands around the city as residents struggle to have access to cash…Meanwhile POS operators are currently taking advantage of the situation to demand exorbitant charges on transactions.”

While Nigerians were still trying to make sense of the reason behind the long queues, another report had an official of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASBIFI) pointing fingers. According to the report, “ASSBIFI President, Olusoji Oluwole, told the Punch that “Banks have only two sources of cash: the CBN and retailers. The CBN has not met banks’ demands, and retailers often sell cash for profit, making it harder for banks to access funds.”

As if in response to the charge, the apex bank responded “with their full chest” as we say on social media with a December 13, 2024 circular – Updated Penalty on Inappropriate Cash Disbursement Practices by Deposit Money Banks (DMBs) in which it condemned the “illicit flow of mint banknotes to currency hawkers and other unscrupulous economic agents that commodify naira bank notes thus impeding efficient and effective cash distribution to banks’ customers and general public.”

Giving bite to the circular the CBN said any bank found culpable of “facilitating, aiding or abetting, by direct actions or inactions, illicit flow of mint banknotes” would be fined N150m and then hit with the full weight of the relevant provisions of BOFIA 2020.

This time no pointing fingers were seen but the CBN was not done. Eager to completely squelch rumours around “the validity or lack thereof of the old ₦1000, ₦500, and ₦200 banknotes” the refusal of which was contributing to the long queues, the CBN issued a press release shutting it down: “The Central Bank of Nigeria (CBN) has observed the misinformation regarding the validity of the old ₦1000, ₦500, and ₦200 banknotes currently in circulation….the CBN wishes to reiterate that the subsisting Supreme Court ruling granted on November 29, 2023, permits the concurrent circulation of all versions of the ₦1000, ₦500, and ₦200 denominations of the Naira indefinitely.”

The third circular from the CBN which it said was in line with its “ongoing efforts to advance a cash-less economy” seems to have hit a raw nerve among Nigerians who, as we have already noted, love their cash even though it is now an offence to spray the naira.

News outlets also seemed to also get it wrong. The CBN circular of December 17, 2024 did not put a limit on how much cash you and I can withdraw from banks. The limits imposed in the circular titled – CIRCULAR ON CASH-OUT LIMITS FOR AGENT BANKING TRANSACTIONS – are “for agency banking operations” and as reported by TheCable is among interventions intended to address “identified challenges, combat fraud and establish uniform operational standards across the industry.”

Now, can I have my beer back as I attempt to outline how easily well-intentioned policies are rubbished by that euphemistically named malady known as the “Nigerian factor”.

The ASBIFI official was quick to point fingers even though simple logic can show that Over the Counter cash scarcity and at ATMs has little to do with the CBN or its cash distribution operations but with our Nigerian any-how-ness.

Let’s consider this. How is it that banks cannot fill up 22,600 ATMS, most of which are within or in close proximity to their branches but can afford to give cash to 1.6m PS operators? Doesn’t this seem to suggest that someone is out to make sure that the ATMs don’t have cash while the PoS operators continue to make a killing?

And why does it seem right that Nigerians should continue to pay between N250 and N400 per N10,000 withdrawals to PoS operators when ATM charges are far lower at N35 and only after you have made multiple withdrawals from other bank ATMs?

Oh, bankers have said ATMs are difficult to maintain on account of several factors and this takes us back to the figures we shared from the UK. Of the 49,421 ATMs in the UK, “78% were free to use” during the period under reference. So, why do we always talk about maintenance when it comes to Nigeria? Imagine if we paid N10 per ATM transaction, wouldn’t that be better than paying N250 to a PoS operator for every N10,000 withdrawn?

And for context, in 2014, data on various e-payment channels indicated that Automated Teller Machines (ATMs) remained the most patronised payment mode in Nigeria accounting for 89.7% of all electronic transactions with PoS transactions accounting for just 4.58 per cent. Today, the reverse is the case and the question to ask remains; what changed? The answer has something to do with financial inclusion but that is a topic for another day.

As you ponder that poser, ask yourself why is it always difficult to get mint bank notes over the counter in the banks meanwhile, step into any event center and you will see some hawker waving bright new notes in your face. Surely, they don’t get those notes from the CBN.

When the CBN referenced the Supreme Court ruling granted on November 29, 2023 to the effect that the old notes are still legal tender, their X Formerly Twitter page was filled with bile. But what many are failing to contend with is that the current leadership is only trying to make sure the mess they inherited doesn’t get worse.

As we prepare for Christmas and the New Year the advice is simple; go to your bank and ask for your money or withdraw from the ATMs and if you suspect any funny business, email or call the hotlines provided by the CBN.

Say no to any-how-ness this yuletide.

 

Toni Kan is a PR expret and financial analyst.

 

 

 

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Aviation Minister Leads Delta APC Leadership To National Chairman, Advocates Unity Ahead of 2027 Elections

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The Honourable Minister of Aviation and Aerospace Development, Olorogun Festus Keyamo SAN, today, led the leadership of the All Progressives Congress (APC) in Delta State, to the National Chairman of the APC, His Excellency Dr. Abdullahi Ganduje, at the APC National Headquarters in Abuja.

 

During the meeting, the Delta APC leaders briefed the National Chairman on the current state of the party in the state and the ongoing efforts to reconcile party members. They presented the report of the Reconciliation Committee, which has been approved by the Delta State APC State Working Committee (SWC) and earlier submitted to the National Chairman.

The delegation emphasized the importance of collaboration, stating that the era of a one-man leadership style in Delta APC is over. They reaffirmed their collective commitment to working as a united team to reposition the party and strengthen its prospects ahead of the 2027 general elections. This new direction was evident in the composition of the high-powered delegation that visited the National Chairman.

 

In his response, the National Chairman, Dr. Abdullahi Ganduje, commended the Delta APC leadership for their efforts to foster unity and ensure the party’s victory in future elections. He assured them of his commitment to work with Delta APC leaders, including those absent from the meeting, to build a united and formidable front. During the meeting, Dr. Ganduje also spoke with Delta State APC Chairman, Elder Omeni Sobotie, who was unavoidably absent due to health reasons, and wished him a swift recovery following his recent surgery.

 

The delegation to the meeting comprised prominent leaders of the Delta APC, including: Olorogun O’tega Emerhor, OON-Founding Leader of APC in Delta State,

Elder Godsday Orubebe- Former Minister,

Senator Ede Dafinone,

Senator Joel Thomas-Onowakpo,

Rev. Francis Waive- Member, House of Representatives and

Hon. Victor Ochei-former Speaker, Delta State House of Assembly.

The meeting was concluded with a renewed sense of purpose among the Delta APC leaders and a shared commitment to repositioning the party for electoral success in 2027.

 

 

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