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Malabu Deal: Mohammed Abacha, Fasawe Give Details of How $1.1bn was Shared….• Adoke, Etete, others for arraignment April 3

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Court processes sighted by THISDAY, which have not been verified, have shown details of how the $1.1 billion paid by Shell Nigeria Ultra-Deep (SNUD) Ltd, Shell Nigeria Exploration and Production Company (SNEPCO) Ltd and Nigerian Agip Exploration (NAE) Ltd to the federal government in 2011 for the purchase of Oil Prospecting Licence (OPL) 245 originally held by Malabu Oil and Gas Limited was shared by some prominent Nigerians.

This is just as a Federal High Court in Abuja has fixed April 3 for the arraignment of the former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke, a former Minister of Petroleum Resources, Chief Dan Etete, and others charged with various alleged offences for their roles in the transaction.

According to court papers, a son of the late military Head of State, Sani Abacha, Mohammed, and a known associate of former President Olusegun Obasanjo, Oyewole Fasawe, gave details of how OPL 245 was allegedly taken from them and sold to the SNUD, SNEPCO and NAE consortium in 2011.

They also provided insight into how the $1.1 billion paid by the consortium for OPL 245, which was facilitated by the Nigerian government, was shared by some prominent individuals, without the knowledge and involvement of a majority of the actual owners of Malabu Oil.

Abacha and Fasawe equally gave details, in their joint plaintiffs’ statement of claims, in a suit they recently filed at the Federal High Court, Abuja, of the roles allegedly played by former Ministers of Petroleum, Justice and Finance – Etete, Adoke and Yerima Lawal Ngama, respectively – in the transaction leading to the sale of OPL 245 and the lodgment of the proceeds from the deal in the federal government’s escrow account.

The Economic and Financial Crimes Commission (EFCC), in a court document filed earlier this year, had stated among other things that Malabu Oil was incorporated in Nigeria sometime in April 1998 with shareholders, namely: Mohammed Sani (fronting for the late Gen. Sani Abacha), Kwekwu Amafegha (representing Dan Etete, then Minister of Petroleum Resources) and Hassan Hindu (on behalf of Ambassador Hassan Adamu.)

The commission stated that in the same month, the Ministry of Petroleum Resources offered Malabu Oil a deepwater oil block processing licence in respect of OPL 245.

EFCC said that upon the death of Gen. Abacha in June 1998 and between 1999 and 2000, the corporate status and shareholding structure of Malabu Oil were altered severally through forged board resolutions, which eventually divested Mohammed Sani of his shares while new shareholders and directors were appointed fraudulently.

In their court documents filed on March 20, 2017, Abacha and Fasawe, who claimed to own a 70 per cent stake in Malabu Oil, said they were fraudulently divested of their shares.

The suit has Malabu Oil and Gas Ltd, Mohammed Sani and Pecos Energy Ltd as plaintiffs, with Kweku Amafegha, Munamuna Seidougha, Amaran Joseph, Corporate Affairs Commission (CAC), Shell, Agip, Federal Government of Nigeria (FGN), AGF, and the Petroleum Minister as defendants.

The plaintiffs stated that at inception, Malabu Oil’s equity holding of 20 million was shared among its initial subscribers thus: Mohammed Sani: 10 million (equivalent of 50 per cent), Kweku Amafegha: 6 million (30 per cent) and Hassan Hindu: 2 million (20 per cent).

They said Hindu’s 20 per cent was later bought in 2000 by Fasawe through his company, Pecos Energy Ltd.

They stated that while Abacha was imprisoned between 1999 and 2002 and could not actively participate in the affairs of Malabu Oil, Chief Dan Etete (also known as Chief Dauzia Loya Etete), the consultant to the first plaintiff (Malabu Oil) whose function was in an advisory capacity, took over the first plaintiff’s books, documents and records in the absence of the second plaintiff (Mohammed Sani) without any mandate to do so.

The plaintiffs further stated that sometime in 2010, they learnt of some fraudulent alterations of the shareholding structure of Malabu Oil in its files with the CAC, purporting to divest the three original shareholders of their investments in Malabu Oil and allegedly making Seidougha and Joseph the only shareholders and directors with 10 million shares each.

They added that upon realising the alleged fraudulent alteration of the company’s share structure and the plan to sell its core asset, OPL 245, they wrote a letter dated May 24, 2011 to then AGF, Adoke, “Complaining of the fraudulent alteration of the shareholding structure of the first plaintiff and the need to prevent the conclusion of the transaction in respect of OPL 245.”

They added: “Sometime in April 2011, SNUD, SNEPCO and NAE entered into a negotiation and allegedly bought over the assets of the first plaintiff, OPL 245, through the second and third defendants (Seidoougha and Joseph) and Chief Dan Etete acting as the two directors and consultant respectively of the 1st plaintiff, for a consideration of about $1.3 billion with the Federal Republic of Nigeria acting as an obligor.

“The said transaction was carried out through a series of agreements signed and dated between 29th and 30th April 2011 by Seidougha Munamuna purportedly acting as a director of the first plaintiff and Mr. Rasky Gbinijie purportedly acting as company secretary of first plaintiff, with the fifth, sixth and seventh defendants – Shell, Agip and FGN.”

They stated that conscious of the possible consequences of their (plaintiffs’) complaints and protests about the alleged illegality of the transaction leading to the sale of OPL 245, Shell and Agip “requested the involvement of the FGN as a form of guarantee and security for the investment they sought to engage in”.

The plaintiffs said: “Following the execution of the several agreements, $1,092,000,000.00 was paid into a Federal Republic of Nigeria Domiciliary Escrow Account No: 41454193 domiciled in JP Morgan Chase Co., London to be passed to the first plaintiff as consideration for the alleged surrender of its asset – OPL 245.

“On 16th August 2011, the FGN through the then Minister of State for Finance, Dr. Yerima Lawan Ngama and the AGF, Mohammed Bello Adoke (SAN) instructed the release of the money from the said Domiciliary Escrow Account of the FGN in the following manner: $401,540,000 paid into Account No: 2018288005 purportedly belonging to the first plaintiff in First Bank of Nigeria Plc, and $400,000,000 paid into supposed first plaintiff’s account No: 3610042472 with Keystone Bank Limited.

“Out of the $1,092,000,000.00, the sum of $801,540,000 was paid into the first plaintiff’s account with First Bank of Nigeria Plc and Keystone Bank Limited allegedly opened and run by the first plaintiff, yet Chief Dauzia Loya Etete (aka Chief Dan Etete) is the sole signatory to the two accounts.”

On how the money was eventually shared, the plaintiff stated that on August 24, 2011 when the Keystone Bank account, of which Etete was the sole signatory, was credited with $400 million, $336,456,906.98 was transferred to Account No: 1005556552 allegedly owned by Rocky Top Resources in Keystone Bank, Abuja CBD branch.

They added that the balance of $60,000,000 was transferred to account No: 3610042596 for forex trading.

The plaintiffs, who stated that Rocky Top Resources Ltd was owned by Abubakar Aliyu and Bashir Adewumi, explained that the money transferred to the Keystone Bank account was further transferred to other unnamed individuals, leaving a balance of $171,135,960.63.

They also stated that the $401,540,000 paid into the First Bank account, was distributed as follows:

• A Group Construction Co. Ltd. (owned by Abubakar Aliyu and others) of No. 2378 Limpopo Street, Maitama was paid $157 million.

• Mega Tech. Engr. Co. Ltd. (owned by AVM Nura Imam, Bashir Galandashi and others of 14C Durbin Katsina Road, Kano) got $180 million.

• Imperial Union Ltd of Plot 14 Wempco Road, Ikeja (owned by Omochonu Josef and Adeyemi Adeyinka) got $34 million.

• Novel Property and Development Ltd of No. 22 Capitol Road (owned by Adesegah Moses, Abubakar Aliyu, Adeyemi Tunji and Suleiman Ibrahim) got $30 million.

The plaintiffs added that by the statement of account of Rocky Top Resources Ltd’s Account No: 1005556552 in Keystone Bank, a transfer of $54 million was made to Bombadier as payment for the purchase of an aircraft.

They further stated that none of the persons listed as having been paid from the proceeds of the sale of OPL 245 sale rendered any known service to Malabi Oil and that no aircraft has been delivered to date.

The plaintiffs noted that at the time of the transaction leading to the payment of the money, the first plaintiff operated from the offices of Mr. Rasky Gbinijie on the 3rd Floor of No. 30 Catholic Mission Street, Lagos.

They added that it (Malabu Oil) has no office notwithstanding the $401 million allegedly received by it.

“The first plaintiff’s purported Account No: 1040659338 in Keystone Bank Plc to which the proceeds of the alleged surrender of the first plaintiff’s OPL 245 was paid, has as its sole signatory one Chief Dauzia Loya Etete, who is neither a shareholder nor a director of the first plaintiff and it is the said Chief Dauzia Etete that frittered away the whole proceeds paid to the first plaintiff,” the plaintiffs said.

None of the defendants has responded to the suit while the case is yet to be assigned to a judge for hearing.

Meanwhile, Justice John Tsoho has‎ fixed a new date for the arraignment of Adoke, Etete and others for alleged corruption, after the EFCC failed to turn up in court last Thursday when the two charges it filed against the accused involved in the Malabu deal were mentioned.

None of the defendants was also represented in court.

An official of the court later drew the judge’s attention to a letter from the EFCC seeking an adjournment to enable it tidy up some issues regarding the case, in view of the fact that most of the defendants were said to be currently outside the court’s jurisdiction.

Justice Tsoho acceded to the request by the EFCC and adjourned to April 3 for possible arraignment of the defendants.

Shell, Agip, Adoke, Etete and others have been charged to court by the EFCC over alleged corruption involving the sale of OPL 245.

Agip’s parent company in Italy, ENI, and its CEO are facing similar corruption charges in Italy.

After obtaining a temporary forfeiture order on OPL 245 to the federal government, EFCC’s attempt to get a permanent forfeiture order on the oil lease was blocked recently when the court ordered that the oil block be returned to Shell and Agip.

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Yahaya Bello paid $845,852 in advance for his children’s school fees – Witness

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An official from the American International School, Abuja, on Wednesday testified in the Federal High Court in a case of money laundering involving former Kogi State Governor Yahaya Bello.

 

The official revealed that the former governor paid a total of $1,606,763.68 in school fees for his children.

 

Nicholas Ojehomon, an auditor at the school, gave this testimony during the ongoing trial, where he appeared as a prosecution witness for the Economic and Financial Crimes Commission (EFCC). Ojehomon confirmed that the payments covered Bello’s children’s tuition fees up until their graduation, with part of the amount paid upfront for future school fees.

 

Bello is facing a fraud charge amounting to N80.2 billion filed by the EFCC. During the trial, the prosecution presented financial records, including detailed statements from the school, showing payments made on behalf of Bello’s children.

 

In earlier testimony, Williams Abimbola, a compliance officer at United Bank for Africa (UBA), had submitted documents showing transactions related to the school fees. The EFCC had previously alleged that just before leaving office, Bello paid $760,000 as an advance for his children’s school fees, which was later refunded following an investigation.

 

On Thursday, Ojehomon testified that Bello’s brother, Ali Bello, facilitated the school fee payments. He explained, “Mr. Ali Bello contacted the American International School, Abuja, on Friday, August 13, to arrange payment for the school fees of the Bello children until they graduate. The school management accepted the payment.”

 

 

Ojehomon confirmed that the payments were made for four of Bello’s children, enrolled in Grades 8, 6, 4, and 2, and also included fees for future children who were expected to start in August 2022, assuming space was available.

 

The amounts paid for each child included: $90,074 for the child in Grade 8, $87,470 for the child in Grade 6, $26,241 for the child in Grade 4, and $18,707 for the child in Grade 2.

 

The witness also identified a contractual agreement between the school and Ali Bello, detailing the prepayment arrangement.

 

 

EFCC counsel Kemi Pinheiro (SAN) presented the school’s admission and prepaid tuition documents as evidence. Ojehomon further testified that a refund of $760,910.84 was made to the EFCC, confirming that the refund was transferred to an account at the Central Bank of Nigeria.

 

The court also heard from Williams, the UBA witness, who submitted additional financial documents related to accounts managed under Bello’s administration. She testified that multiple withdrawals were made through cheques from the Kogi State Government House account, often broken into tranches of N10 million, with funds primarily issued to two individuals, Abdulsalam Hudu and Aminu J.O.

 

Williams confirmed that, on December 12, 2018, ten transactions of N10 million each were processed in favor of Abdulsalam Hudu. Key signatories to the account were also named, including Christopher Enefola (Permanent Secretary), Onekutu Daniel (Chief Accountant), and Abdulsalam Hudu (Accountant).

 

 

However, under cross-examination, Williams admitted that Yahaya Bello’s name did not appear in any of the transactions related to the Kogi Government House account. Defense counsel, Daudu, noted that Bello’s name was absent from the documents presented, to which Williams confirmed it was not listed. She further clarified that she was not the account officer in charge of the Kogi Government House account, which was managed from Lokoja, Kogi State, rather than her branch in Area 3, Abuja.

 

Justice Emeka Nwite adjourned the trial to Friday, March 6, for further proceedings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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VICE PRESIDENT SHETTIMA TO ATTEND NACC 65TH ANNIVERSARY GALA IN LAGOS

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The Nigerian-American Chamber of Commerce (NACC) is set to celebrate its 65th anniversary with a grand gala dinner, featuring His Excellency, Vice President of Nigeria, Alhaji Kashim Shettima, as the Special Guest of Honour.

 

The prestigious event will take place on April 12, 2025, at Lagos Continental Hotel, Victoria Island, Lagos, with the red carpet reception commencing at 5:00 PM.

 

The highlight of the evening will be the inauguration of Alhaji Sheriff Balogun as the 20th President of NACC.

 

Alhaji Balogun will also unveil his leadership team, while outlining strategic initiatives to strengthen bilateral trade relations between Nigeria and the United States.

 

As part of the evening’s programme, 40 new members will be inducted into the chamber, and the NACC multi-storey building project will be officially launched.

 

The gala will also honour outstanding Nigerian and American companies and distinguished individuals, including past presidents of the chamber, for their contributions to economic growth and trade relations.

 

The President of Africa Finance Corporation (AFC), Mr. Samaila Zubairu, will chair the event.

 

Dignitaries confirmed to attend include Governor Uba Sani of Kaduna State, Governor Dauda Lawal of Zamfara State, Minister of Industry, Trade and Investment, Dr. Jumoke Oduwole, Founder and Chairman of Elizade Group, Chief Michael Ade-Ojo and Chairman of Odu’a Group, Otunba Bimbo Ashiru.

 

Others are Founder of Afe Babalola University, Aare Afe Babalola, Chairperson of Brittania-U Nigeria Limited, Catherine Uju Ifejika, Comptroller General of the Nigerian Customs Service, Bashir Adewale Adeniyi, and Chairman of Zinox Technologies Limited, Leo Stan Ekeh.

 

His Excellency, Governor Babajide Sanwo-Olu of Lagos State, will serve as the Chief Host of the occasion.

 

For 65 years, the Nigerian-American Chamber of Commerce has been at the forefront of fostering bilateral trade relations between Nigeria and the United States, serving as the premier platform for business growth, networking, and investment opportunities.

 

The Chair of the Planning Committee, Dr.Ikenna Nwosu, says all the guests will be treated to one of the grandest anniversary galas ever experienced in the country.

 

 

*VICTOR OJELABI*

Senior PR Associate

Neo Media & Marketing | Chair, Publicity Committee, NACC Presidential Inauguration Dinner & Awards Night

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NAFDAC reopens Onitsha market, confiscates over 50 trailers of fake drugs

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The National Agency for Food and Drug Administration and Control, NAFDAC, has finally announced the reopening of the Onitsha Drug Market and other adjoining markets after nearly one month of closure.

The South-East Zonal Director of the agency, Mr Martins Iluyomade, revealed this on Thursday after a meeting between officials of the agency, the Anambra State government, and market union leaders. He stated that business will officially resume in the markets on Friday.

Other markets, including the plumbing materials market, timber market, surgical materials market, and science laboratory materials market, among others, were affected early last month when the agency shut them down in its fight against illicit drugs.

Iluyomade, who addressed government officials and market leaders before announcing the reopening, said:

“What is happening here goes beyond only Ogbogwu (drug) market; it extends to other markets around this area, and that was why we took the steps we did by closing down everywhere.

“I know there was a lot of apprehension, and people were asking why we locked other markets that had nothing to do with drugs. It seemed as if we were out to punish those who had no involvement. We did not respond because we did not want to join issues, but we found drugs in all the markets we closed.

“What we found in other adjoining markets was just as much as what we found in Ogbogwu market. We did what we did because, if we hadn’t, we wouldn’t have covered the ground we were able to cover.

“We were here last year for an operation, but our men were beaten, and even an officer of the Federal Republic was stripped naked for doing his legitimate duty. We had to lock up everywhere because, if we hadn’t, there would have been collateral damage. This is a major drug market, and if something goes wrong here, drug supplies all over the country will be contaminated.

“We know that since the Federal Government was determined to sanitize this market, if there had been any attack on us, our security men would have reacted, and the damage would have been high. We thank Governor Soludo for his visit. When he heard what we did here, he called to express concern about the welfare of his people, and when we explained to him, he backed the effort to sanitize the market. He later visited us and reiterated the same support as long as what we were doing was right.

“People were already bringing ethnic coloration into it, but I thank the governor for not listening to them. In fact, the governor said there was a need for us to save ourselves because fake drugs kill indiscriminately, regardless of ethnicity.

“The DG of NAFDAC took this assignment as if her life depended on it, and every day she kept calling to know the state of operations. NAFDAC has also committed a lot of resources to this, and she has made a commitment to ensuring that fake drugs are exterminated in Nigeria.”

Speaking on the agency’s findings in the markets, the Zonal Director said:

“It is saddening to see that we have people among us whose only way of making money is by destabilizing the country and killing people.

“We have confiscated over 50 trailers of fake and substandard drugs. Many are still in warehouses in town, and we are coming after them. The volume of narcotics we saw here is enough to destabilize any nation. There is a link between the circulation of narcotics and insecurity. Check any country experiencing insecurity and a breakdown of law and order, and you will see that narcotics are in high supply.

“The number of narcotics we have found here is alarming. The people dealing in them know the effects, but they continue because the sale of narcotics is said to be more lucrative than cocaine.

“We have also seen people who deliberately import substandard and fake drugs. Some import tablets in nylon bags with no labels, then bring them here, repackage them, and put labels on them for sale. We saw a lot of it. We also found medicines that had been banned as far back as 2007, yet people are still stocking them.

“Many of these drugs were banned because they cause cancer, and new replacements were produced, but people still stock them. That is wickedness. Another category is unregistered drugs. These medicines are usually displayed in small quantities on counters, but large caches of them are stored in warehouses outside the market.”

Iluyomade noted that even some genuine drugs are stored in ways that cause them to lose their efficacy and become harmful long before their expiration date.

“Drug storage is also a problem. There is no ventilation in any of the storage facilities we visited. Medicines are supposed to be kept under specific conditions to maintain their effectiveness. Medicines are chemicals, and even those selling registered original medicines have had them expire long before their expiry dates.

“All the storage facilities are packed to the brim, locked with the biggest padlocks, and left without ventilation. We found a drug for women in labor stored in the plumbing materials market. The warehouse was full and hot, yet the drug’s packaging specified that it should be stored between 2-8 degrees centigrade. But someone stored it in an oven-like environment. So when people say, ‘What about those of us selling good medicine?’ we just laugh. What good medicine are you selling?

“We must take our healthcare delivery seriously, and that is what NAFDAC is doing. As an agency, we are not out to make life difficult for you, but we are working with the mandate given to us.

“We have pasted notices on some shops, and those who find them must know they have been invited and must report to our office. The markets will be reopened tomorrow. We have met with your union leaders, and they must ensure they report any suspicious activity to us.

“If this happens again, we will still close the market. Also, we will not tolerate any attack on our officials. If it happens again, we will shut down the market.”

Iluyomade stated that although the market will reopen on Friday, about 4,000 shops will remain locked until their owners explain certain drugs found inside.

Market union leaders expressed happiness about the reopening of the markets and pledged to work with the agency to identify traders who continue to deal in illegal drugs.

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