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Import licence: Dangote Refinery’s suit incompetent, NNPCL tells court

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The Nigeria National Petroleum Corporation Limited has responded to the suit filed by Dangote Petroleum Refinery and Petrochemicals FZE to gain the sole right to supply petroleum products in the country.

The NNPCL, in its preliminary objection filed through its team of lawyers led by Mr Kehinde Ogunwumiju (SAN), described Dangote Refinery’s suit instituted to invalidate its licence to import refined petroleum products into the country as incompetent.

In its suit, Dangote Refinery, among other things, questioned the propriety of allowing the NNPCL and other key oil marketers to bring refined petroleum products into the country when it has not recorded any shortfall in its own operations.

Cited as defendants in the suit marked: FHC/ABJ/CS/1324/2024, were; the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), the NNPCL and some major oil marketers that included AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited.

According to the plaintiff (Dangote refinery), the NMDPRA acted in breach of Sections 317(8) and (9) of the Petroleum Industry Act, PIA, by issuing licences for the importation of petroleum products to the defendants.

It told the court that the licences were issued to the defendants, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”

The plaintiff, therefore, prayed the court to award N100 billion in damages against the NMDPRA for allegedly continuing to issue import licences to NNPCL and the other defendants for the import of petroleum products such as Automotive Gas Oil and Jet Fuel (aviation turbine fuel) into Nigeria.

Specifically, Dangote Refinery, among other things, applied for an order of injunction, restraining the first defendant (NMDPRA) from further issuing and/or renewing import licences to the second to seventh defendants or other companies for the purpose of importing petroleum products.

It further sought an order of court directing the first defendant to seal off all tank farms, storage facilities, warehouses, and stations used by the defendants for the storage of all refined petroleum products imported into Nigeria.

It said, “An order of mandatory injunction directing the first defendant to withdraw immediately all import licenses issued to the 2nd-7th defendants and other companies other than the plaintiff and other local refineries for the purpose of importing refined petroleum products into Nigeria.

“An order of injunction restraining the 1st defendant from imposing and demanding a 0.5% levy meant for off-takers of petroleum products directly and an additional 0.5% wholesale levy in favor of MDGIF or any other levy or sum against the plaintiff.”

Meanwhile, three oil marketers in the suit, AYM Shafa Limited, A. A. Rano Limited and Matrix Petroleum Services Limited, in a joint counter affidavit asked the Federal High Court in Abuja to dismiss the suit filed by Dangote Refinery.

The marketers, in the counter affidavit marked: FHC/ABJ/CS/1324/2024, and dated November 5, which is a response to an originating summon filed by Dangote Refinery, argued that granting the application of Dangote Refinery would spell doom for the country’s oil sector.

They emphasised that the plan to monopolise the oil sector is a recipe for disaster in the country.

Dangote refinery does not produce adequate petroleum products for the daily consumption of Nigerians, they argued.

They noted that the plaintiff had not placed anything before the court to prove the contrary.

They maintained that they are well qualified and entitled to be issued import licence by NMDPRA to import petroleum products in Nigeria within the meaning of Section 317(9) of the PIA.

They also noted that they are fully qualified for the issuance of the import licences issued to them by NMDPRA, as they duly met all the legal requirements for the issuance of such import licences, before same were issued to them.

“The import licences lawfully and validly issued to the defendants did not in any way whatsoever, cripple the plaintiff’s business or its refinery.

“The import licences issued to the defendants are in line with the provisions of Petroleum Industry Act, 2021, the Federal Competition and Consumer Protection Act, 2018 and other relevant laws,” the marketers contended.

However, in its objection, the NNPCL maintained that the suit was premature, even as it challenged the jurisdiction of the court to entertain it.

In the alternative, the NNPCL urged the court to strike out its name from the suit, insisting that the plaintiff was bereft of the locus standi (legal right) to seek such reliefs against it.

“The plaintiff’s suit is premature. The plaintiff’s suit discloses no cause of action. The second defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL argued.

More so, the NNPCL contended that Dangote Refinery sued a non-existing party.

It noted that the court processes showed that NNPC, an entity that is currently non-existent, was listed as a defendant in the matter.

“This second defendant in this suit as consistently seen on the face of the plaintiff’s originating summons, the affidavit in support, and the written address, is Nigeria National Petroleum Corporation Limited, NNPC.

“A simple search on the CAC website shows that there is no entity called Nigeria National Petroleum Corporation Limited, NNPC,” it added.

It argued that the NNPCL, which filed the objection, and the NNPC are not the same, contending that the entity that was listed as a defendant in the matter is a non-juristic person.

The matter had previously being adjourned to January 20, 2025, by Justice Inyang Ekwo, for hearing and to enable the parties to explore an out-of-court settlement of the dispute, even as the plaintiff expressed its readiness to withdraw the suit.

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EFCC Bursts Syndicate of 792 Cryptocurrency Investment, Romance Fraud Suspects in Lagos … Arrests 193 Chinese, Arabs, Filipinos, Others

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The Executive Chairman  of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede, has  disclosed that the Commission, in a landmark raid,  arrested 792 suspects  for their alleged involvement in cryptocurrency investment fraud and romance scam.

The  suspects were apprehended on Tuesday, December 10, 2024, in a surprise operation at their hideout, an imposing seven-storey edifice known as Big Leaf Building, on No.7, Oyin Jolayemi Street, Victoria Island, Lagos , following verifiable intelligence received by the Commission.

Speaking during a media briefing on Monday, December 16, 2024,   at the Lagos  Zonal Directorate of the Commission, Olukoyede stated that  148 Chinese, 40 Filipinos, two Kharzartans, one Pakistani, one Indonesian were arrested during the operation.

The EFCC’s boss,  who spoke though the Director, Public Affairs, EFCC, Commander of the EFCC,  CEWilson Uwujaren, further stated that the  foreign nationals used the facility, which could be mistaken for a corporate headquarters of a financial establishment, to train their Nigerian accomplices on how to initiate romance and investment scams and also used the identities of their Nigerian accomplices to perpetrate their criminal activities.

According to him, “All the floors are equipped with high-end desktop computers. On the 5th floor alone, investigators recovered 500 SIM cards of local telcos that were bought for criminal purposes.

“ Their Nigerian accomplices were recruited by the foreign kingpins to prospect for victims online through phishing, targeting mostly Americans, Canadians, Mexicans, and several others from European countries.

“They usually arm them with desktop computers and mobile devices and create fake profiles for them.

“The Nigerian accomplices are equally provided with logs that allow them access to foreign communication lines and victims, which they chat with on WhatsApp, Instagram and Telegram.”

While giving  further details about the modus operandi of the syndicate, the EFCC Chair said the Nigerian accomplices, who are assigned WhatsApp accounts linked to foreign telephone numbers, especially from Germany and Italy, engage victims in romantic conversations as well as phantom business and investment discussions to trick them to shop on the purported online investment shopping platform called www.yooto.com.

He added: “For those who show interest, activation fees for an account on the platform starts from $35USD.

“Investigation revealed that the criterion for recruiting these young Nigerians is proficiency in the use of computers, especially typing skill. Those who passed the test are given desktop computers and mobile devices and then taken through a two-week induction on how to personate foreign females in romance scam chats and convince victims to invest in their employers’ cryptocurrency investment scam.

“Once the Nigerians are able to win the confidence of would-be victims, the foreigners would take over the actual task of defrauding the victims and proceed to block their Nigerian accomplices from the network. This would then leave them in the dark about the transaction.”

He, however, said the Nigerians involved in the alleged fraudulent activities “do not know the owners of the ‘company’ they work for because they are not offered letters of appointments or receive payment from a corporate account.”

According to him, the  suspected Nigerian accomplices are usually paid either in cash or through an individual’s account.

Olukoyede said the Commission was working with its foregoing partners to establish the extent of the scam and the accomplices as well as the likelihood of any collaboration with organized international fraud cells.

The EFCC Chair also used the occasion to debunk the notion that Nigerians are behind the tonnes of frauds emanating from the country.

“Foreigners are taking advantage of our nation’s unfortunate reputation as a haven of frauds to establish a foothold here to disguise their atrocious criminal enterprises. But, as this operation has shown, there will be no hiding places for criminals in Nigeria,”he said.

Also speaking during the occasion , the acting Zonal Director, Lagos Zonal Directorate of the Commission, Michael Wetkas, sought greater collaboration with the media in the fight against  corruption and economic and financial crimes.

Items recovered from the suspects include desktop computers, mobile phones, laptop computers and cars at the point of arrest.

The suspects will be charged to court after investigations are concluded.

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Kogi Governor Ododo Allegedly Spends N400million To Build ‘Intruders Gate’, Another N439million To Produce Staff Of Office For Chiefs

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About N400million was spent by the Governor Usman Ododo’s administration in Kogi State for the construction of what was tagged “Intruders gate”, a copy of the 2024 state budget performance report obtained by SaharaReporters has revealed.

An intruders gate, also known as a security gate or anti-climb gate, is a type of gate designed to prevent unauthorised access to a property, building, or restricted area.

The primary purpose of such gate is to provide an additional layer of security and protection against potential intruders.

The budget document seen by SaharaReporters showed that the Governor Ododo-led government had in the last 9 months spent N398,817,976.33 on “intruders gate instead of the N100,00,000 appropriated and approved in the 2024 budget by the Kogi State House of Assembly.

This suggested that N298,817,976.33 was allegedly illegally spent above the budget ceiling on such gate.

However, where the gate was mounted by the government wasn’t disclosed in the document.

A further check on the report revealed that N439,500,000.00 has so far been spent in 2024 for the “production of customised staff of office for graded chiefs” in the state.

These spendings are coming at a time when residents of the state like other Nigerians are going through a spike in cost of living, hardship and hunger.

Earlier, SaharaReporters reported how the Ododo-led government spent N2.9billion for the Government House minor capital works and remodelling government house between January and September 2024.

The review showed that while the state budgeted N100 million for government house minor capital works, it has ended up spending N784 million within nine months.

Also while the government budgeted N962million for remodeling government house structure, it has spent N2.2 billion within nine months.

The review further showed that based on the details published by the state government, it has continued to overshoot budgetary allocations.

For instance, N50million was budgeted for renovation of Speakers’, honourable members residential quarters, within nine months however N58.7 million was spent.

Renovation of honourable speaker and deputy speakers lodge stood at a budgeted amount of N50 million , however N52 million was spent within nine months.

Maintenance of the Secretary to the State Government’s official residence and landscaping stood at a budget of N10million, however within nine months N13.8million was spent.

Construction of Mosque and Chapel in the government house was budgeted at N25 million, however the state spent N86.4 million within nine months.

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Audit report reveals CBN’s non-disclosure of $40.23bn in reserves, policy violations under Emefiele’s tenure

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The Central Bank of Nigeria (CBN) failed to disclose details of the nation’s external reserves, valued at $40.23 billion, in its 2021 financial year report, as stated in the latest findings from the Office of the Auditor General of the Federation.

The 2021 audit report, released in December 2024, further exposed violations of internal policies on dollar time deposits by the CBN under the leadership of Godwin Emefiele.

Emefiele, whose tenure as CBN governor ended in June 2023, is currently facing charges by the Economic and Financial Crimes Commission (EFCC) at the High Court of the Federal Capital Territory, Abuja.

The EFCC accuses him of obtaining $6.2 million under false pretenses, using a forged letter purportedly from the Secretary to the Government of the Federation dated January 26, 2023.

The letter allegedly requested a contingent logistics advance from the CBN, which Emefiele falsely claimed was authorized by the president.

The audit also scrutinized the CBN’s adherence to its revised Investment Policy, raising additional concerns about financial management during the period under review.

“For the year 2021 financial year, the Bank failed to publish the position amounting to US$40,230,803,228.80 of the country’s external reserves to the public,” the report stated.

The report further noted that there was no waiver or new policy introduced during the period that could explain the non-disclosure of the external reserves.

It attributed the failure to weaknesses in the internal control systems at the Central Bank of Nigeria (CBN).

The report also pointed out that this lack of transparency violated Article 15(v) of the CBN’s revised Investment Policy, which mandates the Bank to define the content, form, and frequency of reports on external reserves to ensure transparency.

The Auditor General expressed concerns about the significant risks associated with this breach, including a lack of accountability, diminished transparency, and potential harm to Nigeria’s economic credibility.

The report cautioned that foreign investors are not sufficiently informed about the country’s economic status, which could undermine investor confidence.

In response to the audit query, the management of the Central Bank of Nigeria (CBN) stated that “information on the external reserves position is available to members of the public on the Bank’s website under the Reserve Management tab.”

The report also mentioned that the Central Bank’s Monetary Policy Committee (MPC), which convenes every two months, provides updates on the reserves.

However, the Auditor General’s assessment concluded that the bank’s response did not effectively address the fundamental issue at hand.

“The response from the Management failed to address the issue raised,” the report said, maintaining that its findings remain valid.

The Auditor General’s report recommended that the CBN governor be summoned before the National Assembly’s Public Accounts Committees to explain the failure to publish the reserves.

It also called for potential sanctions under the Financial Regulations Act of 2009, citing serious misconduct.

Additionally, the report suggested that “sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply.”

The audit also uncovered a violation of the Central Bank of Nigeria’s (CBN) Money Market Policy, in addition to the non-publication of reserves figures. It revealed that a $26.05 million dollar time deposit exceeded the mandated maximum maturity period of three months, rolling over for five months without the required waivers.

This deposit, made on October 21, 2021, matured on March 21, 2022, in direct contravention of internal policies designed to manage liquidity and credit risks.

The Auditor-General attributed this breach to weaknesses in the CBN’s internal control systems.

In its defense, the central bank argued that its policies allow for extensions of up to one year for specific transactions, asserting that the dollar deposit was in compliance with these provisions.

However, the Auditor-General rejected this explanation, pointing to insufficient evidence to support the bank’s claims.

The report recommended that the CBN governor appear before the Public Accounts Committees of the National Assembly to justify both the failure to publish reserves and the extension of the dollar deposit’s maturity.

Additionally, it called for sanctions against the CBN under the Financial Regulations Act of 2009 for gross misconduct.

“The CBN Governor should be requested to: Furnish the Public Accounts Committees of the National Assembly with the evidence of approval to extend the maximum maturity period of US$26,051,039.29 deposit of the CBN for five months instead of three months, and Otherwise, sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply,” it said.

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