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HOW TUNDE AYENI RAN INTO MONUMENTAL DEBT………

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*****How He Secured A Multi-Billion Naira Loan To Finance The Revival Of Moribund Government-Owned NITEL and Yola Disco

*****+ How government’s refusal to honor contractual agreements ran him into monumental debt

It wouldn’t be hyperbolic to say that Dr. Tunde Ayeni has a patriot’s heart and the soul of a revolutionary. This is to assert the fidelity and stoic perseverance of the genius within the footholds of power and a troubled oil sector.

Yes, despite his exit from Skye Bank, where he served as chairman, the cascade of blows against the successful lawyer turned business magnate has neither softened nor ceased.

At the moment, Ayeni is battling tooth and nail to save his most audacious investment, Ntel, from some powerful forces decidedly hell-bent on taking over the telecoms company and probably messing him up.

A consortium run by Ayeni, NATCOM Telecommunications, bought over the moribund national telecoms company, NITEL, and its mobile subsidiary, MTEL, from the Federal Government in 2014 and transformed it to Ntel.

Within a year of operations, Ntel has emerged a force to be reckoned with in the very competitive telecommunications sector, introducing the most sophisticated 4G service to Nigerians, while delivering superfast call connect times, crystal clear voice-over-LTE and high-speed Internet access. No sooner had Ntel introduced these innovative services that its problems began.

In the last one week, Ayeni has come under a barrage of media onslaughts, bordering on his stewardship at Skye Bank Plc., essentially due to the multi-billion naira loan he secured to finance the revival of NITEL.

Prior to the take-off of the Global System of Mobile Communications, GSM, in Nigeria in 2001, the services of the national telecommunications carrier had been spasmodic at best. In spite of successive administration’s efforts to revive it, nothing worked, thus consigning NITEL to the dustbin or so, until NATCOM came through in 2014.

According to a retired Director in the old Ministry of Communications Technology which oversaw the bid for NITEL, “It is quite sad how in Nigeria we dig our own grave and yet cry that we are not making progress. I just saw an online medium publish some grave allegations about Tunde Ayeni and his stewardship in Skye Bank.

“While I do agree that officeholders should be accountable for their actions, I wonder what the real intent of the government or whoever is behind that story is. Having petitioned the Presidency, why hastily bring the same allegations to the media?” He wondered whether the loan was unilaterally obtained in such a big bank or it went through due process.

“Now, who approved the loan? If the bank did not find the business proposal worthwhile, why approve the loan in the first place? Could these alleged financial losses running into almost N300bn as stated by the bank possibly have been accumulated in just over two years of Ayeni’s chairmanship because he only became chairman in 2013?

How much was the total deposits base of the bank during the over two years that one chairman would incur such expenses in so short a time? Why single Ayeni out of the three chairmen when Alhaji Musiliu Smith and Mrs (Moronkeji) Onasanya are still alive?”

Tunde and his partners borrowed money from the bank to buy Yola Electricity Distribution Company, but unfortunately for them, because of terrorist attacks, they declared a force majeure. Following the declaration of a force majeure by Integrated Energy Distribution and Marketing Company, the core investor in the Yola Electricity Distribution Company, the Federal Government took over the beleaguered power firm.

Consequently, the Federal Ministry of Power took over the management and control of the electricity distribution company since 2015. The Federal Government promised to pay back Integrated Energy Distribution Company $180 million since 2015, an agreement that the government has not fulfilled to date. The government has taken Yola Disco from the core investor and has yet to refund (the investor) the money used to acquire the asset.

The Yola Disco is running even as you read, and the Federal Government is even planning to sell it. Ayeni and his partners are paying back the huge loan to the bank with a huge interest. Meanwhile, it’s the same government that owes Integrated Energy Distribution Company such a humongous amount of money that is perpetrating cynical witch-hunts against them. Isn’t it ridiculous?

Obviously, the source also said, “The intent of this is either to conduct a media trial and convict the person (given Nigerians’ general phobia of not wanting to be in the press), or to pre-empt the President and blackmail him to act in a particular manner. Or better still, it may be to achieve a sinister motive of discrediting the man in the eyes of potential partners so as to make him a commercial outcast and ultimately overrun his business. Otherwise, how do you explain this action?

However, that electricity supply in Nigeria is still a spasmodic flourish, a yo-yo at best, is fairly and squarely the missteps and myopia of former President Goodluck Jonathan. This is the unanimous assertion of the investors behind Distribution Companies, DISCOs, who are the providers of last mile services in the electricity supply value chain.

Alas, at the time of the acquisition of the unbundled companies, core investors paid $2.238 billion which they sourced at N150 to the dollar. Two years later, dollar oscillated between N370 and N400, an investment-debilitating increase. This has plunged many of the investors into harrowing webs of debts.

Many have lost their assets and savings in the process. Life could not be more difficult for genuine, patriotic Nigerians who saw an opportunity to bail their fellow countrymen out of the cauldron of darkness but got frustrated by the system.

Now, their migraine does not end there; back then, the Federal Government promised to invest about $7 billion to revamp the old, obsolete networks; maintenance of network equipment; investment in trained manpower and customer data; increase meter penetration; and resolve health, safety and environmental issues.

All these have remained typical Nigerian politicians’ promises, empty and vainglorious. To compound the problems of the investors since the conclusion of the privatisation process, they are now faced with huge operational challenges, clearly visible in their operations and service delivery; lack of sufficient energy supply from the national grid; and a near absence of investments due to poor revenues, inadequate tariffs and external funding constraints.

According to the Executive Director, Association of Nigerian Electricity Distributors, the umbrella body for the DISCOs, Sunday Oduntan, “In that agreement, there is a list of what the Federal Government was going to do and what we as operators, the DISCOs, GENCOs and investors are to do. But unfortunately, the government reneged on all its obligations and promises.

“And those things that the government offered to do were essentially preconditions meaning ‘if I do this, you will do that. So, if I don’t do this, you will not be able to do that.’ An example is the issue of tariffs. From day one, the term they used was cost-reflective tariff. The simple meaning of that is what can be called the appropriate pricing of products. Tariff is about price and electricity is the product.”

Captain Idahosa Okunbo, a businessman, philantropist and investor extraordinaire, said, “The Federal Government has not met most of the conditions under which we should operate as a distribution company, and the best thing that can happen today to us or to me is for the government to take back the assets and pay us back our money.

“We are paying the loan we took to acquire the Yola Disco; we are also paying interest on the Yola investment and the Yola Disco has already been handed over to the government three years ago. Yet, we, as investors, have not been refunded. Is that how to do business? Is that how to encourage investors to do business in Nigeria?” Continuing, the billionaire oil magnate and philanthropist, said, “We brought business out of those entities. In fact, those assets should have been sold for $1 while we invest the money we paid to the Federal Government in optimising the asset.

“How can the government have sold these assets to Nigerians in dollars when the assets are in naira?”

Literally emitting fire, Okunbo also said, “I am not a thief; I have been servicing debts from my hard-earned money, servicing debts of a business that is not working. We carry members of staff that we are constantly paying salaries to.”

Capt. Okunbo, a former pilot who retired from the aviation industry in 1988 when he was barely 30, Okunbor, also a popular philanthropist, states, “In my three decades in business spanning engineering and technology, energy, integrated service in the petroleum sector, maritime, security, agriculture and others, integrity has been my guiding principle and a core value with which I have been able to earn trust and confidence of companies and corporations of global repute.

I have never stood before any administrative, judicial or legislative panels to answer any questions related to any shady deal. I have conducted my businesses with utmost openness, honesty and integrity. I am not oblivious of the fact that not a few people look up to me as a role model; the least I can do is to exhibit exemplary leadership quality to this group of young Nigerians, many of whom interact with me on a regular basis.”

Interestingly, however, there are so many people that borrowed huge money from the banks and stash it in foreign banks while some keep theirs in shallow grave. And they still walk freely in Nigeria.

With the present situation of things, it is short of reaching the conclusion that our government is set up such that it cripples local businesses and discourage local investors while offering foreigners unbelievable waivers and opportunities that are denied Nigerians who genuinely want to move the country forward.

 

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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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