COVER
Malami: $2.4bn Crude Oil Sale Loss Allegation Lacks Merit
By Ubong Ukpong, Abuja
Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, yesterday countered claims that the country lost over $2.4 billion revenue from alleged illegal sale of 48 million barrels of crude oil exported to China in 2015.
Malami faulted the allegations during the resumed Ad-hoc Committee investigation on the alleged sale of 48 million barrels of crude oil amounting to over $2.
4 billion and crude oil export to global destinations from 2014 to date.Malami who is the Chief Law Officer of the Federation described the allegations as baseless, unfounded, lack merit and substance.
The House had in December last year resolved to constitute an ad-hoc committee to probe the allegation when it adopted a motion sponsored by Isiaka Ibrahim from Ogun State, at plenary.
The committee was also mandated to investigate all crude oil exports and sales by Nigeria from 2014 till date with regards to quantity, insurance, revenue generated remittances into the federation accounts or other accounts as well as utilisation of the revenue for the period under review.
Ibrahim had said in the motion that, “a whistle-blower alleged in July 2020 that he had in July 2015, brought to the attention of a committee purportedly set up by the president for the recovery of missing crude oil exports, the existence of 48 million barrels of Nigeria’s Bonny Light crude oil in storage at several ports in China, under the authorisation of the then Nigerian National Petroleum Corporation (NNPC) to sell the cargo.”
But speaking at the hearing yesterday, Malami said that the office of the Attorney General of the Federation had filed a criminal suit against the individuals who purportedly raised the allegations being investigated by the Ad-hoc Committee.
According to him, the Individuals had attempted to defraud the Federal Government under the guise that the alleged crude oil stolen in China had been recovered.
Malami explained that the ongoing investigation initiated by the House was unconstitutional and subjudice, and argued that the prosecution of the petitioners which started in 2019 suffered setback as a result of series of adjournment caused by the absence of the accused persons.
He said the allegation in its own right is devoid of any reasonable ground pointing to a material suspicion cogent enough to invoke the constitutional oversight of the Committee.
“Let me state on record and for the benefit of Nigerians and the committee that the allegations relating to the 48 million barrels are baseless. The allegation is unfounded. It lacks merit and indeed substance.
“The allegation in its own right is devoid of any reasonable ground pointing to a material suspicion cogent enough to invoke the constitutional oversight of the Committee.
“Why do I say so? Sometimes in 2016 allegations were rife and hyped in the social media. There were allegations of existence of stolen 48 million barrels of Nigerian crude in China said to have been valued at 2.4 billion.
“President Muhammadu Buhari informally requested the attorney-general, making reference to my humble person, Mele Kyari, Lawal Daura, former DG of DSS; and late Abba Kyari; to look into it and advise. But unfortunately, for there to be a reasonable ground for suspicion, at least, you require certain basic facts.
“If you’re talking of a product, you cannot establish the substance relating thereto, without confirming the origin of the purported product in China. If you talk about a product in China. Is it of Nigerian origin? That can be ascertained by sample and specifications. Is it Bonny Light for example, which you know emanate from Nigeria or what is it.
“The basic details of the existence of the product and connecting it to Nigeria was not there at all. If you are talking of a product, the vessel perhaps that has taken it, what are the particulars and details of the vessel. There were not available at our disposal at all.
“Which authority is it that has taken custody of the product? There was no information at all. So the issue is simple. There were no reasonable grounds for suspicion of the fact that the purported oil product either exist in spirit or in fact or in indeed exist in China — and it is in no way connected to Nigeria. And all effort on our part to get details have proven abortive.
“So, it was a committee that was dead on arrival because it has not been formally constituted.
“So, we could not establish the substance in the allegation because detail information to confirm the existence and origin of of the shipment such as sample of the oil, vessel involved loading point etc, location of the crude in China etc were not provided
“So, we reported to the president that we were unable to confirm the veracity of the allegation hence no further action was taken by my office,” he said.
He further disclosed that the OAGF was instrumental to the recovery of various sums of fund which were deposited in the Asset Recovery Account domiciled with Central Bank of Nigeria (CBN).
These include: $322 million recovered from Switzerland in 2016; $311.4 million from US/UK; $15.4 million Abacha Loot recovered in 2020 from Northern Ireland; £12.2 billion recovered from Ibori; $20 million recovered from Licosta as well as £954 recovered from Diepreye Solomon Peter Alamieyeseigha, respectively.
While responding to question on the recovered funds, payment and disbursement, he said: “Ministry of Finance is the coordinator of the whistle blower policy and all payments to Whistle blower are made by the federal ministry of finance, budget and national planning.
“It should be noted that whistle blowing thrives on confidentiality and protection of information. Therefore, disclosure the details of whistle blowers at a public hearing breaches the confidentiality provision of which the office of the attorney general was committed to on the account of personal security and the national security.
“So, arising from that consideration, I have taken pains to develop information taking into consideration the confidentiality element of it but providing same for the consideration of the committee exclusively.”
He explained that the details of international account, expenditure and statement of accounts are obtainable from the Central Bank of Nigeria.
“For the information of the committee, the office of the Attorney-General does not maintain the custody of an account of associated recoveries are maintained by the Central Bank and open on the request of the office of Attorney General and then open on the directives of office of the Accountant General.
“As far as being a signatory or in any way being responsible in the management of such account is concerned, the office of the attorney general is in no way connected whatsoever.
“Whatsoever information that may be required as it connects to the details of the signatories, details for the management, details of the disbursement associated with the recoveries accounts, I suggest that the Federal Ministry of Finance, the office of Accountant General are exclusive custodians, managers and operators of the account, no the office of the Attorney General.
“What I am saying in essence is that reference or details, signatories, disbursement, associated information on all the recovery accounts should be routed to the Central Bank, office of the Accountant General and indeed, the Federal Ministry of Finance that are the operators, maintainers, custodians of this account in question,” Malami added.
The Whistleblower is believed to be one Marco Antonio Ramirez, an American businessman, who is being prosecuted by the Economic and Financial Crimes Commission for an alleged $368,698.24 fraud before Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos could not continue today, April 26, 2023, due to the absence of the defence counsel, Lawal Pedro, SAN.
The EFCC is prosecuting Ramirez on an amended nine-count charge alongside his companies: USA NOW LLC, Eagle Ford Instalodge Group LP, and USA NOW Energy Capital Group LP.
“Marco Antonio Ramirez, USA NOW LLC, and USA Now Energy Capital Group LP, on or about the 26th day of July, 2013 at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $250,000 from Gabriel Ogie Edeoghon under the false representation that the sum was his investment in your company:
“USA Now Energy Capital Group LP in the Employment-Based Fifth Preference (EB-5) United States of America Investor Programme, which investment would qualify him to be eligible to a USA Green Card, and which representation you knew to be false,” one of the counts read.
COVER
Yahaya Bello to Spend Christmas, New Year in Kuje Prison
By Mike Odiakose, Abuja
Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.
Justice Maryann Anenih yesterday adjourned the case until Jan.
29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.
The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.
Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.
“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“That says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.
COVER
Middle Belt Group Tasks FG on Resettlement, Safety of IDPs
From Jude Dangwam, Jos
Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.
The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.
Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.
The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.
“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.
“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.
The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.
“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.
“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.
The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.
He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.
He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.
The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies.
“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts.
“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.
The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.
“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.
“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative.
“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.
COVER
Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance
Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.
Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.
The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.
Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests
He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.
The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.
In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”
He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.
To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.
According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.
He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.
“Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.
“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.
Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.
He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.
“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.
“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”
Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.
He stated that the commission is committed to transparency and being mindful of the benefits and risks associated with technology adoption.
Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.
On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.
He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.
He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.
In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.
Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.
She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.
The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN