EFCC set to arraign 12 firms, seven persons
THE
reports of mismanagement of fuel subsidy funds, which have loudly
advertised the sleaze in the oil industry, will face their legal test
today as the Economic and Financial Crimes Commission (EFCC) lines up
some individuals and companies for trial. This is coming just as the
findings of a presidential panel submitted yesterday have further
strengthened a case of corruption against bigwigs in the sector.
The
EFCC will today arraign the first batch of those who unduly benefited
from the subsidy. Those to be arraigned today, according to the EFCC,
include 12 companies and seven individuals.
President Goodluck
Jonathan received the report of the Presidential Committee on
Verification & Reconciliation of Fuel Subsidy Payments.
In the
report, the committee recommended the indictment of 21 Oil Marketing
and Trading (OM&T) companies. The panel also recommended that a
total of N382 billion be recovered from the indicted firms.
Those to be arraigned by the EFCC
Individuals
1. Mamman Nasir Ali
2. Christian Taylor
3. Mahmud Tukur
4. Ochonogor Alex
5. Walter Wagbatsoma
6. Adaoha Ugo-Ngadi
7. Fakuade Babafemi Ebenezer
8. Ezekiel Olaleye Ejidele
9. Abubakar Ali Peters
10. Jude Agube Abalaka
11. Abdulahi Alao
12. Oluwaseun Ogunbanbo
Companies
1. Nasaman Oil Services
2. Eternal Oil and Gas Plc
3. Ontario Oil and Gas Plc
4. Nadabo Energy Limited
5. Pacific Silver Line Limited
6. Axenergy Limited
7. Fago Petroleum and Gas Limited
The
Chairman of the committee and Managing Director of Access Bank, Mr.
Aigboje Aig-Imokhuede, told journalists after the presentation of the
report to President Goodluck Jonathan that the report of the
presidential committee was aimed at fine-tuning and playing a
complementary role to the report of the EFCC and that of the House of
Representatives subsidy report.
Aig-Imokhuede said that while a
total of 116 oil marketing and trading companies that participated in
the petroleum subsidy scheme were invited for interviews, 107 honoured
the invitation.
The chairman, who briefed the press alongside the
Attorney- General and Minister of Justice, Mohammed Adoke and Special
Adviser to the President (Media and Publicity), Dr. Reuben Abati, said
that the ultimate solution to the abuse of the subsidy regime was total
deregulation of the downstream petroleum sector.
According to
Aig-Imokhuede: “Out of the N422 billion identified by the Technical
Committee which I chaired, the Presidential Committee took steps to
identify and remove duplication, which may have been contained in the
Technical Committee’s report which was also discovered in the course of
the panel’s interviews. Of the N422 billion, N18 billion was found to be
duplication. So, the actual amount that was being verified was N403
billion. Of this amount, N21 billion was cleared. That leaves N382
billion as the sum in contention for which the committee recommended
that the process of recovery should be made. Painstaking efforts were
made to ensure fairness, OM&Ts were given the opportunity to come
back with as much documentation and even be re-interviewed where
necessary. We have six categories of issues, likely fraudulent cases for
criminal investigation-you have 21 OM&Ts affected. We have
short-time certificate issues, you have as number of OMT involved in
irregular payments and so on.”
Among the 22 recommendations of the committee were:
• Recovery of the said amount;
• possible criminal investigation and prosecution of the OMTs that are found to have engaged in likely fraudulent issues; and
•
external auditors and any government functionaries who served will be
further interviewed to determine their roles if any in the issues that
were discussed.
Aig-Imokhuede added: “We also recognise the need
for the accelerated implementation of all the recommendations in the
Technical Committee report. It is important to note that the fuel
subsidy scheme involved the sourcing, importation and distribution of
petroleum and other related products within Nigeria. And based on the
fact that you have a subsidy regime, the claiming of subsidies by those
who import these products. I think Mr. President has demonstrated unique
wisdom in constituting very strong technocrats in the Presidential
Committee. The reality is, without the type of experience you see in
some of the ladies and gentlemen that are here drawn from the CBN,
Attorney General’s office, SSS, Banks and so on, it will be quite
difficult and challenging for a layman to even understand how these
issues arose and to even put up a case that will be successful in the
court of law. It has taken time, it is better to do your homework
thoroughly before you take action as opposed to rush and take action and
then be embarrassed in court because you didn’t do your homework.”
“We
believe that at this juncture and based on the recommendations of the
committee, Nigerians will begin to see the Federal Government take the
action that is visible having gone through the invisible hard work of
putting together the cases against those who may have misbehaved in the
fuel subsidy programme. Finally, our recommendation is that for the
nation to keep putting together teams of technocrats to pursue those who
abuse a subsidy regime is not sustainable. The lasting and final
solution to ensure that this kind of things does not occur again is for
the deregulation of fuel subsidy.”
Adoke added: “The entire
objective is that the government is not just interested in prosecuting
those that are engaged in impunity for violating the process but also
recovering the money. And will need technocrats to help us identify the
exact amount of money because with the prosecution, the society itself
must benefit by having a restitution. We are going to recover this money
and we are going to set the process for recovery alongside the
prosecution.”
On how the recovery is going to be effected,
Aig-Imokhuede stated that “there are number of options. The first is to
determine whether you have some of the subsidy payments due still within
the banking system in the possession of those who illegally collected
them. There are other powers that the Federal Government has with
respect to transactions that are ongoing and claims that such people may
have for additional fuel subsidies. That is another source of recovery.
We have also looked at one or two interesting enabling laws that allow
the Federal Government to take certain steps we will not mention now.”
Asked
if it is possible to recover all the N382 billion, he stated: “It will
be naïve to say that we can recover the whole amount. The most important
thing is that the State diligently pursues recovery to its logical
conclusion. At the end of the day, having exhausted all means at its
disposal, I think the people of Nigeria will know that justice has been
done.“
The committee, inaugurated on July 5 by President Jonathan, had the following terms of reference:
• To further verify and reconcile all claims made in the report of the Technical Committee on Fuel Subsidy Payments;
• To properly identify all cases of overpayment and/or irregular payment;
• To accurately identify all likely fraudulent cases for criminal investigation; and
• To review any other pertinent issues that may arise from its work and make appropriate recommendations.
Meanwhile,
the EFCC said yesterday that it would charge already detained directors
of seven oil-marketing companies at the Lagos High Court for their
alleged complicity in the petrol subsidy fraud.
A statement from
the EFCC’s Media and Publicity Unit, signed by Wilson Uwujaren yesterday
named the seven companies involved to include Nasaman Oil Services;
Eternal Oil and Gas Plc; Ontario Oil and Gas Plc; Nadabo Energy Limited;
Pacific Silver Line Limited; Axenergy Limited and Fago Petroleum and
Gas Limited.
The 12 individuals involved in the scam are: Mamman
Nasir Ali; Christian Taylor; Mahmud Tukur; Ochonogor Alex; Walter
Wagbatsoma; Adaoha Ugo-Ngadi; Fakuade Babafemi Ebenezer; Ezekiel Olaleye
Ejidele; Abubakar Ali Peters; Jude Agube Abalaka, Abdulahi Alao and
Oluwaseun Ogunbanbo.
The commission noted that Ezekiel Olaleye
Ejidele is director of the accounting firm, Akintola Williams Deloitte
while Fakuade Babafemi Ebenezer is an official of the Petroleum Products
Pricing and Regulating Agency (PPPRA).
The agency stated that
Nasaman Oil Services, Mamman Nasir and Christian Taylor are to face
charges bordering on obtaining N4, 460, 130, 797. 94 from the Federal
Government of Nigeria under false pretence.
The sum is alleged to
have been fraudulently obtained as subsidy payments from the Petroleum
Support Fund for the purported importation of 30.5 million litres of
Premium Motor Spirit from SEATAC Petroleum Limited of British Virgin
Islands.
The anti-graft agency also said that it would equally
prosecute Abdulahi Alao and Axenergy Limited for allegedly obtaining N2,
640, 141, 707.75 being payments received from the Petroleum Support
Fund for the purported importation of 33.3 million litres of Premium
Motor Spirit.
Others include Mahmud Tukur, Ochonogor Alex;
Abdulahi Alao and Eternal Oil And Gas Plc who will be docked for
fraudulently obtaining N1, 899, 238, 946. 02 from the Petroleum Support
Fund for a purported importation of 80.3million litres of Premium Motor
Spirit.
Also, Nadabo Energy Limited, Abubakar Ali Peters, Jude
Agube Abalaka and Pacific Silver Line Limited are to be prosecuted for
allegedly obtaining N1, 464, 961, 978.24, being payments fraudulently
received from the Petroleum Support Fund for a purported importation of
19.4million litres of Premium Motor Spirit.
Walter Wagbatsoma,
Adaoha Ugo –Ngadi, Fakuade Babafemi Ebenezer, Ezekiel Olaleye Ejidele
and Ontario Oil & Gas Nigeria Limited will be arraigned for
fraudulently obtaining N1, 959, 377, 542 .63 from the Petroleum Support
Fund for a purported importation of 39.2 litres of Premium Motor Spirit.
Lastly,
Fago Petroleum and Gas Limited and Oluwaseun Ogunbanbo are to be docked
for fraudulently obtaining N979,653,110.20 from the Petroleum Support
Fund for a purported importation of 33, 627, 84 litres of Premium Motor
Spirit.
The Africa Network for Environment and Economic Justice
(ANEEJ), a Benin-based Non-Governmental Organisation, yesterday
commended EFCC for the planned arraignment of the oil marketers.
SOURCE: THE GUARDIAN
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