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Import duty: Top Bank Chairmen, Business Moguls Affected As FG may ground 60 private jets today…

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..…NAMA gets list of affected planes!

 

 

The Federal Government, through the Nigerian Customs Service, will on Monday (today) ground over 60 private jets owned by very important persons in the country over unpaid import duty running into several billions of naira, The PUNCH can authoritatively report.

 

According to documents exchanged between the NCS and the Nigerian Airspace Management Agency, which were exclusively sighted by The PUNCH on Sunday, the enforcement exercise will commence on October 14th, 2024.

 

There are reports that duties are not being paid on the majority of private jets currently in the country with the NCS seeking to recover unpaid import duties running into several billions of naira.

 

 

The development reportedly led the NCS to carry out a one-month verification exercise on all private jet owners in the country between June and July.

 

The latest decision to ground the private jets is coming almost three months after the NCS verification exercise.

 

Meanwhile, the documents sighted by The PUNCH on Sunday showed that private jets belonging to some top business moguls, including chairmen and top executives of some banks would be stopped from flying.

 

 

Already, top private jet owners, who will be affected by the decision, have been officially notified by the NCS.

 

According to the documents, the majority of the affected planes are foreign-registered private jets owned by Nigerians.

 

Some of the luxury aircraft on the list are: Bombardier Challenger 604 CL-600-2B16, Bombardier Challenger 3500, Bombardier BD-700 Global 6000, Bombardier BD-700 Global 6500, Bombardier BD-700 Global 7500. Each of the Bombardier BD-700 Global 7500 are estimated to cost over$70m, while the Global 6500 and 6000 version cost over $50m.

 

 

 

While 11 private jet owners have received notification of the grounding of their aircraft, The PUNCH gathered that no fewer than 55 other operators would get their letters on Monday (today).

 

This came as it was gathered that some top private jet operators had lobbied the Presidency ahead of the Monday grounding exercise but our correspondent learnt that the Presidency refused to interfere in the process.

 

 

The development, it was learnt, had made some operators to begin the process of settling the import duty. Officials said some private jet owners had promise to settle the duty this week.

 

Already, operators of a United States-registered Gulfstream G650ER jet belonging to a leading Nigerian bank have reportedly paid N5.3bn import duty to avoid the clampdown exercise.

 

 

The Customs had recovered some duties into the government coffers when a similar exercise was carried out in 2019.

 

But in the letters sighted on Sunday, planes belonging to prominent individuals and corporate entities were restricted from flying until the outstanding duties were settled.

 

This enforcement action is expected to generate significant revenue for the government.

 

However, three of these aircraft slated for grounding effective today, had been reportedly flown out of the country. However, the jets will be grounded as soon as they return to the country.

 

 

According to officials, who spoke on condition of anonymity because they lacked the authority to speak on the matter, the Nigerian Customs Act of 2023 empowers the customs service to penalise the owner or importer of any goods illegally imported into the country.

 

The official added that the NCS had issued demand notes to all affected owners and importers, instructing them to pay outstanding duties on their private aircraft.

 

While some aircraft owners have entered negotiations with the NCS to settle the outstanding payments, others have submitted written undertakings to clear the dues upon their return to Nigeria.

 

 

It is estimated that the NCS could generate over N260bn from this enforcement exercise.

 

 

Findings showed the NCS had written to both the Nigerian Civil Aviation Authority and the Nigerian Airspace Management Agency requesting that the identified aircraft be denied flight clearances until the duties were paid, or until the NCS issues further instructions.

 

Additional findings by The PUNCH revealed that four of the impounded aircraft are currently in negotiations with Customs, and their owners have agreed to pay the required duties.

 

In letters sighted by our correspondent, the Nigerian Airspace Management Agency acknowledged a letter from the NCS regarding the recovery of import duties on illegally imported private aircraft.

 

 

The agency issued a Notice to Airmen and directed Air Traffic Control units to ground any non-compliant aircraft starting from October 14, 2024, until cleared by the Nigeria Customs Service.

 

NAMA also requested that cleared aircraft details be promptly forwarded to prevent issues and ensure smooth coordination. The agency expressed its full support and collaboration to enhance transparency in flight operations and contribute to the nation’s economic well-being.

 

In July, the Comptroller General, NCS, Adewale Adeniyi, said some private jets were leaving the country to evade the verification exercise.

 

 

Very few of them (private jet operators) have showed up for verification and we gather intelligence that a good number of them are leaving Nigeria since the announcement was given because they would not want to be verified,” he said.

 

The CGC explained that the service introduced the private jet verification exercise because more private jets were operating outside the ambits of the law.

 

“We have seen so many of these aircraft flying and our record tends to show that only a few of them have shown up to pay duty and this is why we are bringing this verification up,” he said.

 

 

The CGC disclosed that data obtained from the Nigerian Civil Aviation Authority revealed that though many private jets were operating in the country, only a few had paid customs duties.

 

“We discovered that there are more private jets that are operating in Nigeria but have not been brought under the ambit of the law. So the data that we got from the NCAA shows that only very few of them paid customs duty to operate in Nigeria,” he stated.

 

According to the customs boss, the international aviation regulations show that private jets flying in the country are obliged to pay duty.

 

“If they are here for a brief period in the Nigerian airspace and return, they are not obliged to pay any duty; that is if they are here on a temporary importation visit. But once they are here and are used within Nigeria, they are liable to pay duty,”

 

 

In the past three years, the government had planned to recover import duty running into billions of naira from some private jet operators who had used certain technical loopholes to evade the payment of import duty.

 

A few private jet owners paid the mandatory import duty after the Hameed Ali-led NCS took some significant steps to recover the revenue. However, several owners and operators of private jets in the country have yet to pay the statutory duty.

 

Many private aircraft operators in the country have allegedly explored technical loopholes in the regulation to fraudulently obtain a Temporary Import Permit from the Nigeria Customs Service instead of paying the statutory import duty on their imported aircraft.

 

The TIP, which is valid for an initial period of 12 months, can be extended by six months twice, according to the regulations.

 

 

However, several operators of private jets in the country have continued to extend the TIP indefinitely, a development that prompted the Customs to effect past clampdowns.

 

The TIP has been described by some stakeholders as a fraudulent means of evading the mandatory import duty. Importers of private jets, especially foreign registered private jets, are expected to pay five per cent of the value of the private jet as import duty.

 

However, due to the high cost of private jets, some owners often prefer not to pay the import, according to Customs officials.

 

 

Instead, the operators prefer to obtain a TIP under the guise that the aircraft is coming into the country for a temporary period, quoting the International Civil Aviation Organisation Convention Article 24 which focuses on Customs waiver for commercial aircraft operating in a country temporarily.

 

But the new leadership of Customs appears poised to get all operators to pay the import duty.

 

 

THE PUNCH.

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U.S. Govt Seeks Forfeiture Of Allen Onyema’s $14m Assets Over Alleged Fraud

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The United States government has asked a US District Court, Northern District of Georgia to approve the forfeiture of approximately $14 million in assets from Allen Ifechukwu Athan Onyema, the CEO of Air Peace, following a recent superseding indictment.

 

This is contained in an indictment, which outlining serious allegations of fraud and money laundering against Onyema and his associate Ejiroghene Eghagha, who is the Chief of Administration and Finance at Air Peace.

 

The indictment includes multiple counts against the defendants: Count One alleges conspiracy to commit bank fraud, while Counts Two through Four detail instances of bank fraud.

 

Count Five pertains to conspiracy to commit credit application fraud, followed by Counts Six through Eight for credit application fraud. Additionally, Counts Nine through Thirty-Five address charges of money laundering.

 

 

If convicted of the offenses outlined in Counts One through Five, the defendants will be required to forfeit any property derived from the alleged criminal activities, including significant sums held in bank accounts tied to their businesses.

 

Specifically, the U.S. government seeks forfeiture of:

 

$4,017,852.51 from a JP Morgan Chase Bank account held by Springfield Aviation Inc.

$4,393,842.05 from a Bank of Montreal account, also associated with Springfield Aviation Inc.

$5,634,842.04 from another Bank of Montreal account linked to Blue Stream Aero Services, Inc.

The indictment further states that if any of the forfeitable properties cannot be located, have been transferred, or diminished in value, the U.S. intends to seek the forfeiture of other assets belonging to the defendants equivalent to the value of the forfeitable properties.

 

 

 

The legal actions are being pursued under the oversight of U.S. Attorney Ryan K. Buchanan, along with Garrett L. Bradford and Christopher J. Huber.

 

Recall that the U.S. government indicted Allen Onyema, CEO of Air Peace, on charges of obstruction of justice.

 

Onyema was said have allegedly submitted false documents to hinder a federal investigation into bank fraud and money laundering, alongside Ejiroghene Eghagha, the airline’s Chief of Administration and Finance.

 

 

The U.S. Attorney’s Office claims that Onyema and Eghagha used fraudulent export letters of credit to transfer over $20 million into U.S. bank accounts between 2016 and 2018, intended for purchasing five Boeing 737 aircraft. Investigations revealed that the documentation was falsified and that Springfield Aviation, owned by Onyema, had no legitimate role in aviation transactions.

 

Following the initial charges, the indictment states that Onyema and Eghagha instructed a manager at Springfield Aviation to sign a backdated contract, which was then submitted to U.S. authorities to obstruct the investigation and unfreeze bank accounts.

 

U.S. Attorney Ryan K. Buchanan emphasized that Onyema used his airline as a cover for fraud and attempted to impede the investigation.

 

 

In response to the obstruction of justice indictment against Allen Onyema and Ejiroghene Eghagha, Air Peace Limited acknowledged that the charges are part of an extended legal process related to previous financial misconduct allegations.

 

The airline emphasized that both executives remain innocent until proven guilty, and assured the public that ongoing legal proceedings will not impact the safety or daily operations of the airline.

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Woodhall Capital unveils UAE-Nigeria investors’ forum

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Nigeria and the United Arab Emirates (UAE) are eagerly making plans to explore the limitless business opportunities present in both countries.

 

This was the talking point at an exclusive business forum organised by Consulate General of the United Arab Emirates in Lagos and the leading financial advisory firm in Nigeria, Woodhall Capital, at the prestigious Lagos Continental Hotel in Victoria Island, Lagos, recently.

 

Themed “UAE-Nigeria: Investors’ 1st Meeting”, the objective of the forum was to create a platform for the government of the UAE to meet with top and carefully selected members of the Nigerian business community.

 

The founder of Woodhall Capital, Moji Hunponu-Wusu, revealed to the top business leaders that the government of The UAE believes in Africa and is willing to continue supporting the continent.

 

“Woodhall Capital is a financial services firm, which raises international funding for banks, corporates and governments. We set up in 2014 and the story of why we’re here began in 2020, when we took the leap to open an office in Dubai.

 

“And the reason why we thought we should pull you into what we feel has been a monumental leap in the history of Woodhall Capital is what happened after we decided we were going to open in Dubai. I was reluctant because I’m European-based; I grew up in Europe.

 

“We then decided at one point during COVID-19 to set up in Dubai, and just look at what it has taken us—four years under that; we raised just under half a billion dollars from the support that Dubai and Middle East banks have given to Woodhall Capital, believing in this Africa that so often the rest of the world has pulled out on. As a matter of fact, we closed a $150 million transaction last Friday with a corporate here in Nigeria.

 

“The UAE government has decided that it would collaborate, not only with Woodhall Capital, but they are looking for captains of industry. And when we were given the brief to put this forum together, they wanted to show that if they can collaborate with us, they’re willing to have discussions not only with us, but they are also interested in the clients we represent,” she stated.

 

While adding that the forum is an avenue for an open discussion about the best of Nigeria and Africa, Hunponu-Wusu also announced that the UAE government has welcomed the firm to open in Abu Dhabi, the capital of the UAE.

 

In his speech, the Consul General of the UAE in Lagos, His Excellency Dr. Abdulla Al Mandoos, revealed that Nigeria is a key West African country with many opportunities and challenges.

 

“I firmly believe that with the esteemed individuals gathered here today, we have an opportunity to accomplish significant achievements for both the UAE and Nigeria. Our vision is to engage with Nigeria and explore how we can contribute further to the growth and development of both countries,” Dr. Al Mandoos stated.

 

The Consulate General of the UAE in Lagos also stated that its government has prioritised humanitarian activities and attracting FDI (Foreign Direct Investment). It has also identified Nigeria as a key and strategic partner because of esteemed investors like yourselves and several investment indicators, thus making the Consulate in Lagos and the Embassy in Abuja an extension of this objective.”

 

While, the Consulate General is the official contact point assigned by the UAE government to help carry out its activities in Lagos, Nigeria, which include economic, cultural and humanitarian endeavours. However, it was emphasised that the consulate is also tasked with facilitating investment between Lagos- Nigeria and the UAE.

 

While outlining reasons the UAE should be the preferred investment destination, it was mentioned that the UAE has a very strategic geographical location with access to over 200 cities, more than 400 direct shipping lines for import and export, and top-notch infrastructure.

 

“The UAE is also the first in the region to achieve macroeconomic stability, earning an Aa2 Moody’s rating. This became more evident in 2022, when we attracted over $20 billion in terms of FDI” he said.

 

During the open discussion, the industry leaders as well as Woodhall Capital were given the opportunity to present their capabilities, their concerns and deliberations on how they would want the Consulate General of the UAE in Lagos to support the establishment and operations of their businesses in the UAE.

 

In his words, the founder of A2Energy Limited, Abdul Abiola, believed that the forum provided a platform for the exchange of ideas from masters in different industries, and that the UAE’s partnership with Nigerian businesses would go a long way in fostering innovations useful to both countries.

 

“We focus on clean energy and our goal is to accommodate innovation for energy transition. For Africa to grow, we need energy, and as much as we’re still focusing on fossil fuels, climate change is real. For A2Energy, our focus is on how we can develop innovation for the growth of Africa, and coming to this event has been really exciting because we’ve received different ideas from different counterparts from different industries to unlock investments,” he added.

 

Akinsola Akeredolu-Ale, Chief Executive Officer of Lagos Commodities and Futures Exchange (LCFE), believed that the efforts of the Nigerian government in attracting investments into the country are beginning to bear fruit.

 

“Market infrastructure, where we operate, is a particular sector of the market that allows you to use templates and mediums for people to engage in trades with each other, which is called a commodity exchange; and that’s why we are here today.

 

“What the UAE delegates have been able to do underscores the fact that some of the roadshows the federal government has held are bearing fruit now, and they are coming home to establish that the UAE is ready to do business with Nigeria. They have a consulate and embassy that handle their economic affairs here.

 

“I’m happy to be part of this conversation because for the market infrastructure that creates enablement for capital mobilisation, particularly in the agricultural and solid minerals sectors, we’ve been able to move the conversation to a very high level today,” Akeredolu-Ale emphasised.

 

For Woodhall Capital, having benefited so much from establishing its roots in Dubai by telling the African story to the international community, Nigerian businesses can dare and be bold enough to set up in the financial markets of the world, connecting the world to Nigerian captains of industry with integrity as its primary objective.

 

“We proudly say to the world that there are Nigerians we can showcase—Nigerians with integrity and serious about doing business. And that there are global captains of industry emerging from the continent of Africa, and particularly my home country, Nigeria,” Hunponu-Wusu announced.

 

The resumption of Emirates Airline’s daily flights in and out of Nigeria is further evidence that the business communities of Nigeria and the United Arab Emirates (UAE) are ready and willing to explore the limitless business opportunities present in both countries.

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Oil Magnate, Akinduro Sues EFCC, Demands N5b For Unlawfully Declaring Him Wanted

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Dr. Henry Mobolaji Akinduro, Chairman/CEO of Global Signature Hotel and Total Grace Group Limited, has filed a N5 billion lawsuit against the Economic and Financial Crimes Commission (EFCC) for allegedly declaring him wanted unlawfully.

 

In the suit filed on Wednesday at the Federal High Court, Lagos, Akinduro submitted that the EFCC declared him wanted without any form of judicial intervention, recourse to constitutional safeguards or order of court.

 

The EFCC on Friday, 11 October, 2024 at about 7.20pm on its official twitter handle, also known as ‘X’ declared the oil magnate ‘Wanted’. The businessman is praying the court to order the EFCC to remove his name from the wanted list published on the commission’s official website or any other related platform including Twitter (X).

 

Akinduro is seeking N5 billion as “general damages”.

 

On Monday 14 October, 2024, the businessman, via his counsel, Olalekan Ojo SAN had petitioned the Executive Chairman of the EFCC over the unconstitutional violation of his fundamental human rights to personal liberty and human dignity by the publication of his name on the list of wanted persons on the EFCC’s website.

 

Ojo averred in the petition that at all times preceding the said publication there was no order of any Court of competent jurisdiction authorizing the said publication and no charge had been preferred against our Client before any Court of law.

 

According to Akinduro’s Lawyer, the Commission had allegedly made the said illegal or unlawful publication declaring him wanted upon the prompting or instigation of one Mr. Femi Olushakin who had earlier written a petition against the oil magnate in respect of a N240 million contractual dispute between them —Messrs Olushakin and Akinduro.

 

He affirmed that disputes had arisen from the investment agreement entered into between the two men leading to Olushakin petitioning EFCC.

 

“Our Client (Akinduro) was invited by the Commission on 4th June, 2024 and he immediately responded via letter dated 5th June, 2024 notifying the Commission of his unavailability due to medical reasons. In the said letter, it was stated therein that our Client was out of the Country receiving medical attention. He subsequently provided assurances that he would be present at the Commission as soon as he was medically cleared to travel. It is pertinent at this juncture to chronicle the genesis of the subject matter which led to the declaration of our Client Wanted by the Commission,” Ojo stated.

 

The Counsel disclosed that there was a business transaction between Akinduro and Olushakin which was backed by a viable collateral which included Akinduro’s Global Signature Hotel worth N500 million, three (3) 60-Seater Yutong buses valued at over N240 million and a Toyota 4Runner SUV.

 

Ojo claimed that Olushakin has sold the three 60-Seater Yutong buses and currently drives around the city in the Toyota 4Runner SUV which were used as collateral by Akinduro.

 

“It is clear from the above that this is a purely civil business transaction with no element of criminality embedded in it. Mr. Femi Olushakin maliciously petitioned the Commission after selling the 60-Seater Yutong buses and currently using the Toyota 4runner SUV for his personal use,” he stated.

 

The Senior Lawyer added that despite Akinduro’s medical condition overseas, he has maintained close communication with the Commission.

 

“Our Client regularly sends his Legal Officer to the Commission, affirming his willingness and desire to appear before the Commission upon due confirmation of his being fit to travel by his doctors. There was no further request by the Commission inviting our Client before the unlawful publication.

 

“It is to be further noted that on 11 October, 2024, our Client’s Legal Officer was physically present at the office of the Commission around noon to submit a correspondence to the Commission and he also reassured the Operatives of the Commission of our Client’s desire and willingness to cooperate with the investigation by the Commission upon his arrival in Nigeria.

 

“It is regrettable that despite the repeated reassurances of our Client to cooperate with the investigation upon his arrival in Nigeria, the Commission proceeded to declare our Client ‘Wanted’ later that same day at about 7.20pm without an order of Court and in the absence of a valid charge in a Court of law.

 

“The Commission published our Client’s name and photograph depicting our Client as a fugitive from the law and branded him “WANTED” without any evidence of evading investigation. This action of the Commission has not only defamed our Client but also violated our Client’s right to freedom of movement without the order of the Courts.

 

“The Commission has also by the unlawful publication subjected our Client to public humiliation and ridicule thus causing our Client loss of personal and business relationships as well as reputational damage. It is our instruction that since the publication, our Client has been inundated with calls, Whatsapp messages from his business associates all over the world who had read the post expressing their disgust and dismay at the defamatory publication, and the said publication has also caused our Client emotional trauma and distress.”

 

Akinduro, through his lawyer, said he considered it imperatively necessary to put the records straight with a view to showing that the fraud allegations are trumped-up allegations aimed at causing incalculable damage to his hard earned but richly deserved reputation.

 

“It is pertinent to state that the petition against Dr. Henry Akinduro was an ignoble attempt to criminalize purely contractual disputes that had arisen from the investment agreement between Dr. Henry Akinduro and the Petitioner, Mr. Femi Olushakin,” he said.

 

Ojo stated that the commercial or contractual disputes had earlier been referred to the competent Court by the parties before Olushakin resorted to lodging the fraud allegations against the oil magnate for reasons best known to him.

 

“Indeed, with knowledge of this, Mr. Femi Olushakin through his

lawyers, as part of the originating processes filed towards the resolution of the dispute between the parties

in court, the Petitioner (the Defendant in the Civil Suit No I/87512024 at the State High Court, Ibadan Judicial Division, Oyo State of Nigeria) has filed a Counterclaim. Some of the reliefs set out in the Counter Claims are as follows:

– AN ORDER directing the Defendants to the Counter Claim to pay the sum of N250 million Naira only to the Counter Claimant, sum of which was invested by the Counter Claimant into the business of the Defendants to the Counter Claim (Dr. Henry Akinduro and co)

– AN ORDER directing the Defendants to the Counter Claim to pay the sum of N205,325,000 to the Counter Claimant being the Return on Investment (ROI) to be paid to the Counter Claimants by the Defendant to the Counter Claimants.

– AN ORDER directing the Defendants to the Counter Claim to pay the sum of N52.5 million to the Counter Claimant (Mr. Femi Olushakin) being the Return on Investment (ROI) to be paid to the Counter Claimant by the Defendants to the Counter Claim on the investment of N100 million only).

– An Order directing the Defendants to the Counter Claim to pay the sum of N10 million only) to the Counter Claimant being the shortfall or deficit.

 

“One would have expected that Olushakin would allow the Court to decide the rights and liabilities of the parties since the matter is already sub-judice. Our client has taken further legal actions towards establishing with compelling finality that the fraud allegations made against him are unfounded, groundless, baseless and ill-motivated. It is pertinent to stress that our client is presumed innocent by constitutional fiat until the contrary is proved or established. Our Client wishes to restate his confidence in the judicial process which he believes will vindicate him,” Akinduro’s lawyer submitted.

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