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Exposed: How Nigerian lawmakers ‘diverted’ over N5.2 billion – Audit Report

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The office of Auditor-General of the Federation, in its 2019 Report, also said the House of Representatives made payments from a salary account, in billions, without payment vouchers, as required by extant regulations.

In 2019, members of the House of Representatives spent over N5.2 billion at different intervals and on different projects, an audit report has revealed.

These expenditures ranged from running costs to some lawmakers to repairs and maintenance.

However, the spendings could not be accounted for, and there was no evidence to show what the funds were used for.

Besides those mentioned above, the lower chamber also made payments from a salary account, in billions, without payment vouchers, as required by extant regulations.

Details of the discrepancies in the House’ spendings are contained in the annual report of the Auditor-General of the Federation (AGF) for 2019.

The legislature is among the many Ministries, Departments and Agencies (MDAs) of the federal government indicted and queried by the Auditor-General for incessant violation of extant rules, some of which include non-retirement of personal advances within a financial year and grant of cash advances above the approved limit and payments without vouchers.

The Auditor-General, in the report, had said these financial offences could translate to loss of government funds and/or diversion of public funds.

In the report, there was no response to the queries and concerns raised by the Auditor-General either by the House or the management of the National Assembly.

The queries
Top of the discrepancies discovered in the books of the House is how it granted N2.55 billion to members as running cost between July and December 2019.

A regional breakdown of the payment made includes the North-east – 187 million, South-south – 272 million and South-east – 442 million.

Others are North-central – 391 million, South-west – 629 million and North-west – 629 million.

“There was no evidence to show what the funds were used for, and there were no retirement documents despite requests.

“The above anomalies could be attributed to weaknesses in the internal control system at the Federal House of Representatives of the National Assembly,” the report read.

The Auditor-General said this violates Paragraph 1011(i) of the Financial Regulations which states that “all standing imprests must be retired on or before the 31st December of the financial year in which they are issued while Special Imprests shall be retired immediately the reasons for which they were granted cease to exist.

“Retirement will be effected by the production of vouchers and/or cash for the full amount of the imprest.”

The Clerk to the National Assembly was, therefore, asked to provide reasons why running costs granted to members were not retired, recover unretired running costs of N2.55 billion and remit to the treasury.

And also forward evidence of remittance to the Public Accounts Committees of the National Assembly otherwise face necessary sanctions.

In another query, the Auditor-General said the House granted advances of N258 million to 59 staff and additional advances were granted even when they were yet to retire the previous grant.

This, the report says, violates Paragraph 1420 of the Financial Regulations, which states that, “it is the responsibility of all accounting officers to ensure that all advances granted to officers are fully recovered.”

Again, the anomalies were attributed to weaknesses in the internal control system at the House.

In, this regard, the Clerk was asked to: provide reasons why advances granted to officers were not retired; recover unretired running costs of N258 million; and remit to the treasury.

Another N107 million was said to have been granted to two staff for “repairs and maintenance of unspecified residential quarters.”

“The Federal Government was deprived of the statutory Value Added Tax and Withholding Tax of N10.7 million accruable if the work had been awarded to contractors, and there was no evidence to show the advances were retired.

Therefore, the Clerk was asked to account for the sum of N107.9 million advances granted for unspecified purposes; recover and refund to the treasury.

More discrepancies
In the same year, the House paid N1.6 billion to revenue authorities, between February and December 2019.

The payment included Pay As You Earn (PAYE) from six members, car loan recovery from five members, and housing loan recovered from six members for N488 million, N401.2 million and N705.4 million, respectively.

The payments were, however, made without acknowledgement receipts from the relevant revenue authorities, thereby violating Paragraph 220(i) of the Financial Regulations which states “sub-accounting officers who function as revenue collectors will bring their collections to account direct into their cash books, the receipt being acknowledged on General Receipt Form (Treasury Book 6) or the appropriate receipt or license form.”

While he was asked to explain the non-acknowledgement on Treasury Book 6 of revenue collections, the Clerk was asked to recover and refund to the treasury, the sum of N1.6 billion with acknowledgement Treasury Book 6 as evidence.

Another N1.01 billion was discovered to have been paid from a salary account.

The payments were made without the preparation of payment vouchers as required by extant regulations.

According to the report, this violates Paragraph 601 of the Financial Regulations, which says, “all payment entries in the cash book/ account shall be vouched for on one of the prescribed treasury forms.

“Voucher shall be made out in favour of the person or persons to whom the money is actually due, under no circumstances shall a cheque be raised or cash paid for services for which voucher has not been raised.”

And to this regard, the Clerk was asked to provide reasons for making payments from a salary account without payment vouchers.

He was also asked to account for the sum of N1.01 billion, remit the sum to treasury and forward evidence of remittance to the Public Accounts Committees of the National Assembly.

The National Assembly, particularly its public accounts committee, is known for always talking tough and issuing threats (including arrest warrants) to MDAs whenever they are indicted in the Auditor-General report.

Threats without actions
The Senate public accounts committee, had, on several occasions, threatened heads of major agencies like the Nigerian National Petroleum Corporation, the Central Bank of Nigeria, Minister of Information and the Niger Delta Development Commission.

The committee had even threatened not to approve the annual budgets of these MDAs but it all fell to the ground.

The Senate President, Ahmad Lawan, had also threatened to name, shame and prosecute defaulting MDAs.

However, with the latest audit report indicting the legislature, Nigerians wait to see how the lawmakers will address the discrepancies pointed out.

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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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Abuja-Lagos Super Highway Project faces threat as two consortiums engage in battle for FG’s nod

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AEC Unity Network Limited, the officially recognised concessionaire for the Abuja-Lagos Super Highway and High-Speed Train projects, has denied any association with an entity known as AEC-Geofocus Consortium (Geofocus).

AEC Unity Network clarified that Geofocus has no role in the planning, financing, construction, or operation of the 470-kilometer superhighway and high-speed rail projects, which are part of President Bola Tinubu’s Renewed Hope agenda to boost national infrastructure.

In a statement released on Sunday, the company emphasised that it is the sole concessionaire authorized by the Federal Government of Nigeria, having received approvals from the Federal Ministry of Works, the Federal Ministry of Finance, and the Infrastructure Concession Regulatory Commission (ICRC).

Barrister Ayodeji Ademola, legal consultant for AEC Unity Network, said in the statement that AEC-Geofocus has no basis whatsoever to make any claim in relation to the Super Highway project, having not been part of its conception from the onset.

In the statement, AEC Unity Network reaffirmed that it is the sole concessionaire authorised by the Federal Government of Nigeria to design, finance, construct, operate, and maintain the 470-kilometer superhighway and high-speed rail linking Abuja and Lagos.

According to the statement, the company’s approvals are from the Federal Ministry of Works, the Federal Ministry of Finance, and the Infrastructure Concession Regulatory Commission (ICRC).

The reaction by the AEC Unity Network may have been informed by media publications credited to one Engineer Mutiu Yinka Idris, who asserted that AEC-Geofocus was in charge of the project for the federal government.

Idris, who claimed to be Director of Operations for AEC-Geofocus, had in the publication described the company as a consortium of engineers, planners, and investors that had successfully attracted $16 billion from Middle Eastern investors, with additional interest from European financial institutions and the World Bank.

He had also claimed that the financial framework was designed to minimize government expenditure, safeguard public funds, and prevent cost overruns through an efficient risk-sharing mechanism.

Idris had assured stakeholders of a grand project flag-off before February 2025, reiterating AEC-Geofocus’ commitment to delivering world-class infrastructure.

“The $16 billion project will be led by AEC-Geofocus, a consortium of engineers, planners, and investors, and plans have been concluded to commence it by February this year, 2025,” Idris had asserted.

He said that the Lagos-Abuja corridor, spanning approximately 500 kilometers, will connect Lagos, Ogun, Oyo, Osun, Kwara, Kogi, and Niger states before reaching Abuja, under a design, Build, Finance, Operate, and Maintain (DBFOM) model.

But in its sharp reaction, AEC Unity Network expressed surprise at the emergence of AEC-Geofocus out of the blue to make claims on a project it was never part of.

Part of the statement read: “We emphatically state that AEC Unity Network Limited has no relationship whatsoever with AEC-Geofocus Consortium or Geofocus. Any claims made by Geofocus regarding involvement in the projects are ‘spurious and false.’”

“We categorically state that AEC Unity Network Limited has no relationship whatsoever with Engineer Mutiu Yinka Idris or Geofocus.”

“These fraudulent claims are completely at variance with our proposed infrastructure plans and are intended to confuse and defraud unsuspecting stakeholders,” the statement added.

The statement by Engineer Mutiu Yinka Idris, who claimed involvement in the projects on behalf of Geofocus in several media outlets and amplified on social media, is baseless and an attempt to mislead the public.

The company warned investors and the public to disregard any media advertisements or reports from Geofocus, describing them as unauthorized and misleading.

AEC Unity Network stated that its project is still in the planning stages, with no concurrent developments on the same corridor by any other entity.

To prevent confusion and potential fraud, AEC Unity Network urged local and foreign investors to verify information only through its official channels and avoid engaging with Geofocus on matters relating to the Abuja-Lagos Super Highway and High-Speed Train projects.

This infrastructure initiative, which includes a direct expressway and rail connection between Abuja and Lagos, is expected to enhance transportation efficiency and foster economic growth.

AEC Unity Network reiterated its commitment to transparency and professionalism, urging the public to engage only through its official channels for accurate information about the projects.

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