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General News

FG Silent as the World Probes Illegal Sale of OPL 245

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Mrs Dieziani Alison-Madueke, petroleum resourses minister
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Nigerian government has curiously refused to revisit the now tainted sale of one of the country’s largest offshore oil concessions known as OPL 245 to subsidiaries of oil multinationals, Royal Dutch Shell and ENI, despite ongoing probes in the United Kingdom and Italy, according to the Leadership Newspaper.

Oil Prospecting Licence (OPL) 245 is a massive (1,958 square kilometre) and potentially highly lucrative oil block in Nigeria.

It encompasses two deepwater fields, Zabazaba and Etan, at depths of between 1,500 and 2,000 metres respectively in the offshore waters in the Gulf of Guinea.

The field is estimated to hold up to 9.23 billion barrels of crude oil, equivalent to nearly one quarter of Nigeria’s total proven reserves, according to industry figures.

According to the Leadership, proceeds from the oil well is said to be capable of servicing the country’s debt for the next 30 years.

Police in the UK and magistrates in Italy are now formally investigating the OPL 245 sale, following allegations of bribery and round tripping of sale proceeds that has trailed the deal.

London-based anti-corruption campaign group, Global Witness, has been at the forefront of an international campaign to expose the illegal dealings surrounding the OPL 245 and have sought to bring parties connected to the contentious sale and bribes to book.

Compared to the copious attention given to the OPL 245 deal by the international community, there is perceptible government aloofness from the now tainted deal in the country.

The Leadership reported that during the regime of late military dictator, Sani Abacha, the OPL 245 concession was originally awarded in 1998 by the then Nigerian oil minister, Dan Etete, to Malabu Oil and Gas, a company that he set up and owns . In effect, Etete awarded one of Nigeria’s most lucrative oil blocks to himself.

The deal effectively converted into money, an asset that had been acquired by Malabu Oil and Gas in highly suspicious, possibly illegal, circumstances.

In 2011, Shell and ENI paid $1.1 billion, plus a signature bonus of $210 million, to the Nigerian government for the concession. In a back-to-back deal negotiated by the country’s attorney-general of the federation and minister of Justice, Mr. Mohammed Adoke (SAN), the Nigerian government then undertook to transfer $1.1 billion to Etete’s company, Malabu.

Shell and ENI deny paying any money to Malabu Oil and Gas but they were aware and in agreement that the deal was for the benefit of Malabu.

Etete, who was convicted for money laundering in France, claimed in a British court in 2013 that people close to former president, Chief Olusegun Obasanjo, demanded a slice of the oil block as bribe.

In February, the Nigerian House of Representatives called for the outright cancellation of the award of OPL 245 to all contesting parties. But, as it is with several legislative resolutions in the country, the executive ignored it.

Infact, some of those who facilitated the deal and are believed to have received parts of the bribe still work for the present administration.

Federal lawmakers directed the Economic and Financial Crimes Commission (EFCC) to prosecute all individuals and financial institutions linked with and found culpable of receiving and transferring unlawfully with respect to the OPL 245 deal.

The recommendations were contained in the report of the Hon. Leo Ogor-led House Ad-hoc committee that investigated the OPL 245 deal.

Going further, the report directed the Nigerian Police to take over the ongoing investigation of the matter of forgery and alteration of documents indicting some directors of Malabu Oil and Gas Ltd who resigned their positions or transferred their appointment or shares without authorisation and initiate prosecution of any indicted person.

October 29, 2014, a high court in the United Kingdom lifted a secrecy order imposed on a 2013 legal challenge by a UK-based, environmental and social justice, not-for-profit organisation, The Corner House, of a decision by the Crown Prosecution Service (CPS) not to freeze some $215 million in alleged proceeds of crime from the OPL 245 sale.

In 2011, a middleman acting for Malabu sued the company in the United Kingdom commercial court for fees he claimed he was owed for services rendered to Malabu in the sale of OPL 245. Pending the outcome of the case, the court froze some $215 million from the proceeds of the oil concession sale.

The Corner House, together with anti-corruption watchdog, Global Witness and Re:Common, an Italian Non Government Organisation, and Dotun Oloko, a Nigerian anti-corruption campaigner, wrote to this court raising concerns that the frozen funds were proceeds of crime. The group also requested the London Metropolitan Police’s Proceeds of Corruption Unit (POCU) and the Italian authorities to investigate.

Although the police sought action under the Proceeds of Crime Act, the Crown Prosecution Service (CPS) declined to initiate proceedings. The Corner House therefore sought a judicial review of the CPS’s decision, arguing that the OPL 245 deal was corrupt and illegal under both Nigerian and UK law and that it was likely, on the available evidence, that a substantial part of the monies paid to Malabu had been used to pay bribes and the CPS’s failure to act was unlawful.

The application for permission to bring a judicial review of the CPS failure to act was held in secret, at the request of the CPS, because of the danger of “tipping off” those being investigated by the police.

In March 2014, the high court refused permission to bring a judicial review because the CPS had assured the court that it was still considering taking action. In July 2014, however, following the commercial court ruling in favour of the middleman, more than $110 million of the suspect funds left the UK for Switzerland.

The CPS did nothing to prevent the movement of this money. By contrast, at the request of the Italian authorities, the funds were frozen in Switzerland. Only following a mutual legal assistance request from Italy did the UK authorities freeze a further $80 million of the funds remaining in the UK.

Nicholas Hildyard of The Corner House says: “The CPS had ample opportunity to restrain the funds. It was invited, requested and challenged to do so but failed to act. The money was restrained only because of the actions of the Italian authorities. If Italy was able to get the funds frozen, what stopped the UK in the first place?”

Key figures in Italian oil multinational ENI are now under formal investigation by magistrates in Milan for alleged corruption relating to the OPL 245 deal. The corporation’s new CEO, Claudio Descalzi; his predecessor Paolo Scaroni; and its chief development, operations and technology officer, Roberto Casula, have all been named as suspects in the bribery investigation. Eni’s shares fell, wiping $1.4bn off the company’s share value on the day.

Italian prosecutors allege that $533m of the OPL 245 payment made by Shell and Eni was paid in bribes. British prosecutors acting on the request have already frozen two accounts with combined sum of N29.5 billion ($190 million) belonging to the chief intermediary, Emeka Obi, Premium Times reported.

According to a letter seeking the help of UK’s Crown Prosecution Service (CPS) to freeze the assets of those involved, Italian prosecutors said some of the N83 billion ($533 million) slush money was used to buy private jets and armoured vehicles.

“We are investigating many money transfers to many people in various countries who received sums that vary from millions of dollars to thousands of dollars,” Reuters claimed the letter reads.

Jamie Beagent of law firm, Leigh Day, who acted for Corner House in the judicial review proceedings, said: “We are obviously pleased that the funds have finally been frozen and that an investigation is now taking place into this murky affair. It is only a shame that the UK authorities ducked their responsibilities in this regard and that it was left to the Italian authorities to pursue this matter with the appropriate rigour.”

The Corner House, Global Witness and Re:Common are writing to the chair of the UK parliament’s Public Accounts Committee (PAC), Margaret Hodge MP, informing the committee of their concerns and requesting that the committee considers undertaking an inquiry into whether or not the existing UK legislation on restraining proceeds of crime is fit for purpose. The PAC released in March 2014, a highly critical report on confiscation orders, highlighting the CPS failure to recover assets deemed proceeds of crime.

A Home Office assessment of current legislation, undertaken by Michael Beloff QC, is widely understood to be critical of it but has refused to release Beloff’s report to The Corner House.


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General News

FG Halts Controversial FRC Dues amid Industry Outcry

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Federal government has temporarily suspended the controversial annual dues imposed on public interest enterprises by the Financial Reporting Council (FRC) after fierce opposition from businesses.

FG Halts Controversial FRC Dues amid Industry Outcry

Jumoke Oduwole, minister, Industry, Trade, and Investment, announced the decision during a Ministerial Consultative Meeting in Abuja on Wednesday.

The move follows mounting pressure from private sector groups, including the Nigeria Employers’ Consultative Association (NECA) and the Manufacturers Association of Nigeria (MAN), who slammed the Financial Reporting Council (Amendment) Act 2023 for burdening companies with excessive fees.

The Act mandates cumulative annual charges for non-listed entities and imposes a harsh 10% monthly penalty on unpaid dues, compounding until full payment, a provision that sparked widespread backlash.

At the meeting, major industry players like NECA, MAN, the Nigerian Association of Chambers of Commerce (NACCIMA), oil producers, and telecom operators warned that the fees would cripple businesses already struggling in a tough economy.

Oduwole clarified the suspension, stating, “The government has decided to direct the Financial Reporting Council to pause in the implementation of the new annual dues. You know that I am a lawyer, and a suspension request by the organised private sector would be in contravention of legislation duly passed by the National Assembly. A pause is an administrative process simply to review, in line with what we discussed today.”

She assured stakeholders that the halt would last no longer than 60 days, with a technical working group—including FRC officials and private sector representatives—set up to reassess the policy.

“We are a listening administration. The private sector has requested a range from three months to an indefinite suspension. We are not going to do that. So, at the most, 60 days is in my estimate. We are going to set up a technical working group comprised of the FRC and the organised private sector who have formally written in, and this will be reviewed,” Oduwole emphasized.


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SON Pledges to Standardize Made-in-Aba Products

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The Standards Organisation of Nigeria (SON) says it is intensifying efforts to standardise locally manufactured products, including Made-in-Aba brands, in order to enhance both local and international acceptance.

Aharanwa Chuks, Director of Region (South East), SON, communicated this in an interview with the News Agency of Nigeria (NAN) on Wednesday in Abuja.

Chuks said through the Mandatory Conformity Assessment Programme (MANCAP), SON ensured that all Nigerian-made products conformed to the relevant Nigerian Industrial Standards (NIS).

According to him, MANCAP involves direct engagement with manufacturers to certify that their products meet established quality benchmarks.

“This process includes inspecting production facilities, sampling products and testing them against NIS requirements.

“Successful compliance results in the issuance of the MANCAP certification, signifying adherence to quality standards.

“In Aba, SON has been proactive in educating manufacturers about standardization.’’

The director said SON also conducted stakeholder interactions; gathering manufacturers from various sectors to provide guidance on producing goods that met both local and international standards.

“For instance, leather manufacturers in Aba have been sensitized on standardization practices to enhance the global competitiveness of their products.

“Manufacturers are encouraged to collaborate with SON to obtain MANCAP certification, ensuring their products are not only marketable within Nigeria but also competitive internationally.

“This initiative aims to boost consumer confidence and promote the acceptance of Made-in-Aba products globally,” Chuks said.

 


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EFCC Arrests 133 @ Ponzi Scheme Training Academy

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Operatives of the Economic and Financial Crimes Commission (EFCC), has busted a Ponzi Scheme Academy and arrested 133 suspects in Abuja.

EFCC Arrests 133 @ Ponzi Scheme Training Academy

They were arrested at the Compensation Layout in Gwagwalada area of the Federal Capital Territory, FCT, Abuja, following actionable intelligence on the existence of the Academy.

The Academy, named Q University (a.k.a Q-Net) is in the business of recruiting gullible young Nigerians who are trained to recruit more gullible citizens into the scheme with the promise of getting unrealistic profit returns.

The suspects are enrolled into a training codenamed: “Special Training for New Generation Billionaire” and brainwashed to believe that they would graduate into the league of billionaires.

They got into the training by obtaining a form the promoters called “Independent Representative Application Form” with promotional slogans such as: “I’m a Champion” “I’m Unstoppable”, “I’m Infinity”, among others.

The EFCC carried out the operation in collaboration with officers and men of 176 Guards Battalion, Nigerian Army.

Items recovered from the suspects include phones, computers and other electronic gadgets.

They will be charged to court as soon as investigations are concluded.


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