Headlines
Abubakar Ali Peters, Nadabo Energy boss, on trial over alleged N1.4bn oil subsidy scam.
Owolola Adebola
The ongoing trial of Abubakar Ali Peters and his company, Nadabo Energy Limited, for alleged N1.4billion fraud, before Justice C.A. Balogun of the Lagos State High Court sitting in Ikeja, Lagos continued on Tuesday, November 16, 2021, with the Court admitting in evidence all the documents tendered by the prosecution against the defendants.
Abubakar and his company are being prosecuted by the Economic and Financial Crimes Commission,(EFCC) for allegedly using forged documents to obtain N1,464,961,978.24 from the Federal Government as oil subsidy, after allegedly inflating the quantity of Premium Motor Spirit, (PMS) purportedly imported and supplied by the company.
They pleaded “not guilty” to the charges preferred against them.
The prosecution counsel, S.K. Atteh, had, at the sitting on March 10, 2021, sought to tender correspondences between the EFCC and Petrocam Trading PYT Limited as well as the Corporate Affairs Commission (CAC) in relation to the alleged fraud.
He had sought to tender them through the Executive Chairman of EFCC, Abdulrasheed Bawa, who is the fifth prosecution witness and the lead investigator.
The Defence team, led by E.O. Isiramen, had, however, raised objections to the admissibility of the documents, citing several authorities, including Section 83 of the Evidence Act.
He had argued that the documents sought to be tendered were being brought to the knowledge of the defence, during the pendancy of the trial, several years after the case had already commenced.
“The defence should not be taken by surprise,” he had said.
In his response, Atteh had cited several authorities, arguing that, “the difference here is that the documents were not just created by the time they were included as additional proof of evidence”.
Delivering the ruling today, Justice Balogun dismissed the objections raised by the defence as lacking in merit.
With regard to the correspondence between the EFCC and Petrocam, Justice Balogun held that “The documents sought to be tendered were already in existence before this case was filed.
“Petrocam only gave documents of what already took place to the EFCC; and so, there is no surprise for the defence.”
On the objections raised to the admissibility of the correspondence between the EFCC and the CAC, the Judge reminded the defence of its ruling on February 2, 2021 on a similar argument still being canvassed and said: “The Court is still bound by its ruling in relation to certifying officers and payment for certification and shall abide by its earlier ruling. And so, in the circumstance, the objection is overruled.”
Thereafter, the letters of investigation activities written by the EFCC to Petrocam and the CAC as well as the responses from the two agencies were admitted in evidence against the defendants as exhibits O4, O5 and O51.
Testifying further, Bawa told the Court that the correspondences were thoroughly studied in the course of the investigation.
He also told the court that the correspondences further unearthed several activities embarked upon to defraud the Federal Government in fuel subsidy funds.
He said: “We studied the responses from Petrocam and found out that, contrary to the claim of the defendant that Ashland Energy SA was the supplier, it was Petrocam Trading PYT Limited that supplied about 4,500MT equivalent to about 6.5million litres of PMS as against the claim of about 14,000MT of PMS equivalent to about 19.8million litres purportedly supplied by the defendant.
“The response also confirmed to us that the Letter of Credit (LC) No. SPG/DLC/11/0013 is actually in favour of Petrocam and not Ashland Energy as claimed by the defendant’s purported documents.
“We also found out that the daughter vessel, MT St Vanessa, received the product on 2nd December 2011 from a mother vessel, MT Eviridiki, which was contrary to the claim by the defendant that, on the 2nd of December 201, MT Vanessa received the products from MT American Express.”
“The correspondence with the CAC”, he said, “confirmed that Abubakar was among the shareholders and directors of the company and that indeed the company was duly registered.”
In furtherance of the investigation and fallout of the correspondence with Petrocam, Bawa said letters of investigation activities were sent to Enterprise Bank Limited, requesting to be furnished with the copies of instruments used for the utilisation of certain funds in the account of the first defendant.
He further said: “The bank received our original letter, acknowledged the copy and accordingly responded to our letter in writing, attaching copies of the requested documents.
“We equally wrote another investigation letter to Skye Bank Plc for copies of the account opening documents and the statement of account of the first defendant.
“The bank duly acknowledged receipt and also responded in writing, attaching all the requested documents as well as Certificate of Identification.
“We studied the statement of account and found out that the said account is the account that received the subsidy payment of more than N1.4billion on 4th April 2012 in favour of the transaction in the matter before this honourable court.”
According to him, further analysis indicated that “the entire subsidy payment received was utilised by the defendant, including a huge transfer of N850million to Enterprise Bank, which we found out to be for the liquidation of the LC raised in favour of Petrocam for the actual transaction that took place.”
He further testified that “then Spring Bank was approached by the defendant to finance the said importation.
“The bank agreed and raised the Letter of Credit valued at $4.8million In favour of Petrocam.”
According to him, the investigation showed that the defendant reached out to one Mr. Jide Offor Akpan of International Maritime and Shipping Ltd, who helped to charter MT St Vanessa, adding that “It was the same vessel that received 6.5million litres on 2nd December 2011 from Petrocam based on the LC that was raised.
“We found out that Q & Q Control Services Limited was engaged by the defendant to witness the ship-to-ship transfer of 6.5million litres or about 4,500MT of PMS from MT Eviridiki into MT St Vanessa.
“We also found out that St Vanessa only picked products from MT Eviridiki on 2nd December 2011 of 6.5million litres and discharged the same on behalf of the defendant at Masters Energy depot in Port Harcourt.”
According to him, the findings were contrary to the claims in the documents submitted by the defendant to the Petroleum Products Pricing and Regulatory Agency (PPPRA).
Thereafter, Atteh sought to tender the correspondences between the EFCC and Enterprise Bank as well as Skye Bank.
However, though Isiramen did not object to the admissibility of the EFCC letters, he objected to the admissibility of the responses from the two banks.
Following the arguments by the defence and prosecution, citing several authorities, Justice Balogun adjourned till December 7, 2021, for “ruling and continuation of trial”.
Customs
Customs grants one- month extended window to illegally imported private aircraft owners to regularise their documents to avoid sanction
Headlines
How Soccer match in Libya turned into shocker for Super Eagles
1) The chartered ValueJet aircraft departed from the Victor Attah International Airport, Uyo at 11.55hours on Sunday, 13th October 2024, and landed at the Aminu Kano International Airport, Kano at 13.10hours, for the completion of immigration formalities and for the aircraft to refuel.2) The aircraft took off from Kano at 15.18hours, for the 3 hours and 35 minutes flight to Benghazi, Libya, expecting to arrive a few minutes before 8pm Libya time.
3) Just as he was about to commence his initial approach into Benghazi, the captain (pilot) was instructed by the control tower that he could not land in Benghazi (despite having all the required landing papers and having completed all formalities before leaving Uyo and later, Kano, but should proceed to the Al-Abraq International Airport, even though the airport lacked the control navigators for landing at such hours. He complained that he was short on fuel but his words fell on deaf ears as he was told in stern manner that the directive was from ‘higher authorities.’
4) On landing at the Al-Abraq International Airport, in the small town of Labraq, at 19.50hours, it was clear that the airport was not a well-utilized facility. There were no scanning machines or the usual equipment for this service, and officials had to make do with mobile phones to scan passport data pages.
5) The delegation, which included 22 players and team officials; NFF President Alh. Ibrahim Musa Gusau; Deputy Governor of Edo State, Comrade Philip Shaibu; a couple of NFF Board members; NFF General Secretary, Dr Mohammed Sanusi; a couple of parliamentarians; a couple of NFF Management; a couple of media representatives and; a couple of stakeholders, was shown scant respect by the airport authorities who applied curt manners and stern tones.
6) It took over one hour for the team’s luggage to roll through the carousel, despite the fact that the bags and other items had already been hauled from the aircraft immediately on arrival.
7) No official of the Libyan Football Federation was at the airport to receive the delegation, as is the best practice globally. Airport officials could not answer the simple question on where the buses that would take the delegation members back to Benghazi (where the NFF had booked hotel rooms) were.
8) When delegation members including the NFF President, Comrade Shaibu and Dr Sanusi attempted to venture outside the airport to ascertain if there were vehicles waiting for the team, they were stopped in the most uncouth of manners by airport security personnel.
9) Calls to the General Secretary of LFF, Mr. Abdul-Nasser by Dr. Sanusi yielded no fruits as the former kept promising that the buses would arrive in ‘10 minutes’, which later became ‘two hours’, and afterward, ‘three hours.’ Later in the evening, it was no longer possible to reach him on the phone. Frustrated by this attitude, Dr Sanusi approached the security operatives to request that the team be allowed to go out and board the buses the NFF eventually hired. This request was rejected with insults. It took the intervention of the NFF dignitaries to prevent what would have escalated into a row as the NFF President himself was not spared when he heard an exchange of voices between the security personnel and his General Secretary. This aggravated the tension and further frustrated the team.
10) Hour after hour, and with mounting frustration, delegation members, particularly the players, grew restless. There was no food or water provided by the LFF, or where to even procure these items, and there was no network or internet connection at the airport. These swiftly increased the level of frustration and anger.
11) At past midnight, it was learnt that there had been word from ‘higher authorities’ (Libya is a jurisdiction governed by two different administrations – an UN-recognized cabinet in Tripoli and a self-imposed team over Eastern Libya including places like Benghazi and Labraq) that the Nigeria delegation should be delayed for a minimum of 10 hours at the airport for what they falsely claimed was done to their team in Nigeria. (All conversations between the NFF General Secretary and the LFF General Secretary on the match in Uyo, both written text and voice notes, are still in the NFF General Secretary’s phone)
12) The NFF team was shocked because the incident referred to in Nigeria was entirely generated by the Libyans. They informed the NFF that their contingent would be landing in Port Harcourt, and not Uyo, only two hours to the team’s arrival in Nigeria. Despite this, the NFF moved swiftly to get authorities to grant their aircraft movement permit from Port Harcourt to Uyo, but this was jettisoned as the LFF apparently did not cherish the additional fee dispatched by the charter company. They opted to travel by road, refused to use the buses hired by the NFF and instead hired their own, and disrespected advice not to travel by night. When they stuck to their guns to move by night, the NFF provided security. The NFF even provided the team training facility the day after the match and secured a direct flight permit from Uyo to Benghazi for the delegation.
13) Infuriated, the NFF President reacted: “We anticipated some shocks here given the false account of what happened in Nigeria as narrated by their team captain. But we did not expect these shenanigans. What I am seeing is despicable and has no place in the game of football which is meant to foster excellent relationships among nations and bring peoples from diverse cultures, religious persuasions and economic and political interests together in an ambience of peace and joy.”
14) The NFF learnt that the Embassy of Nigeria in Tripoli had written, a fortnight earlier, to the authorities in Benghazi that they would want to welcome the Nigeria delegation on arrival. This application was said to have been rejected outright.
15) In a conscious effort to play down their frustration, anger and hunger, players and officials resorted to playing games, listening to music, chatting themselves up, scanning through the airport exit door to see if any vehicles had arrived, and generally looked forward to daybreak, which they hoped would bring much-sought-after relief.
16) Many calls were made to higher authorities in Nigeria to apprise them of the situation, and these persons all expressed fears for the safety and security of the team. These fears were real and justified given the plethora of threats thrown by the Libyans on legacy and social media in the days before and after the match in Uyo. At 2 am, Captain William Ekong met the NFF President in the company of the NFF General Secretary to inform the President that the team may not be able to go ahead with the match, due to trauma, fatigue and body aches that resulted from lack of food, dehydration and very cruel and unimaginable treatment, which had led to some players falling ill.
17) The NFF repeated calls to officials of the Confederation of African Football, Nigeria’s FIFA Council Member Mr. Amaju Melvin Pinnick and higher authorities in Nigeria. It dispatched a letter to CAF in which it detailed the antics of the hosts and hoped that the continental governing body would go ahead to “punish this rare bestiality visited on the beautiful game.” It noted that the Super Eagles had traveled hoping to enjoy a great game of football but had been sorely disappointed and frustrated by the unprecedented level of hostility and poor attitude of the hosts.
18) At daybreak, Mr. Maurice Eromosele, president of the Nigerian community in Eastern Libya, arrived with words of empathy from the Ambassador of Nigeria to Libya, His Excellency Alhaji Muhammad Muhammad. He expressed shock at the treatment meted out to the Nigeria delegation, who were made to spend the entire night inside the departure lounge of the Al-Abraq Airport. He said His Excellency ordered him to get a few things for the team, and he later returned with plastic bags loaded with croissants and drinks. These served as breakfast for the team.
19) More calls were made and eventually, it was agreed by all parties that the team should not go ahead with the match, but return to Nigeria to await the decision of CAF (who were briefed in detail on the situation) with regards to the un-played match.
20) After spending many more hours waiting for the Al-Abraq airport authorities to sell fuel to refill the chartered ValueJet aircraft (which was initially proving to be some sort of robotic engineering), the Nigeria delegation departed the Al-Abraq Airport (not worth the toga of ‘international’ by any scale) at exactly 15.05hours, bound for the city of Kano, and onwards to the Federal Capital, Abuja.
Customs
AfCFTA scribe commends Nigeria Customs over deployment of trade facilitation tools for efficient service delivery
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The high point of the conversation was the recent achievement of Mrs Chinwe Ezenwa, CEO of LE LOOK Nigeria Limited, who became the first woman to export goods under the Guided Trade Initiative (GTI) of the AfCFTA to East, Central, and North African countries.
A key outcome of the meeting was the AfCFTA Secretariat’s commitment to develop a concept note outlining the way forward for the free trade area.
The Biashara Afrika, now in its second edition, has established itself as a formidable platform for engagement between African public and private actors on the effective implementation of the AfCFTA.
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