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Court resumes trial of Petro Union Oil & Gas, officials over $15bn fraud

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The ongoing high-level criminal trial of the alleged Petro Union and Gas Limited fraud case is set to resume on 15th November at a Federal High Court in Lagos. According to the hearing notice issued recently by the court, the trial court will conduct the matter exclusively over two days in the first instance.

The case, which kicked off in March 2020, was filed by the Economic and Financial Crimes Commission (EFCC) against Petro Union Oil and Gas Limited (Petro Union), its financial consultant and four of its directors – Abayomi Kukoyi (trading under the name of Gladstone Kukoyi & Associates), Prince Kingsley Okpala, Prince Chidi Okpalaeze, and Prince Emmanuel Okpalaeze. The defendants alongside the firm are facing a thirteen-count charge on sundry criminal counts bordering on conspiracy, obtaining by false pretences, forgery, and fraud proffered against them by the anti-graft agency on behalf of the Federal Government of Nigeria.

Previous hearings have revealed what appears to be a blatant attempt by the accused persons to use Nigeria’s justice system to perpetuate and validate corrupt practices. Testimonies from key witnesses for the prosecution have further showed how the company and its directors allegedly plotted and conspired to defraud the Central Bank of Nigeria (CBN) and citizens of the Federal Republic of Nigeria. So far, eight witnesses have testified before the court including a former minister of Finance, a senior officer of the CBN, and an ex-Union Bank UK staff.

In her testimony, Senator Nenadu Usman who served as Minister of State for Finance and later, substantive Minister said a letter came to the Office of the Minister of Finance from Petro Union in February 2007. According to her, the letter requested the mandate of the Ministry of Finance for the CBN to approve the investment of funds into Nigeria. Subsequently, the letter went to the Permanent Secretary, Ministry of Finance who, in turn, sent it to the Home Finance Department for advice.

The Ministry concluded that what was required is for the Ministry to remind the Petro Union that the CBN does not require the mandate of the Minister of Finance before such foreign capital can be imported to Nigeria because it is not public funds. She concluded her testimony saying the Ministry was not in a position to, and neither did it confirm, the existence of the funds referred to in Petro Union’s letter.

Olugbemileke Akinyemi Akinwunmi, another key witness who works with CBN Abuja as a Principal Manager responsible for domiciliary accounts and management of inflows into the Revenue Account informed the Court that he was mandated to compile the series of records relating to correspondence between the CBN and Petro Union.

When explaining international transfers, he stated that all outflows from the CBN go through a platform called SWIFT and that all processes must pass through this platform and that for payments to be processed, there must be a Correspondent Bank for the inflow. He further explained to the Court that the CBN services two categories of clients – Ministries, Departments, and Agencies (MDAs) in one category, and Banks and other financial institutions in the second category. He stated categorically that beyond these two types of customers, the CBN does not maintain accounts for individuals and is not involved in the receipt of funds into Nigeria for private transactions.

He said he saw a copy of a statement allegedly presented by Petro Union as the statement of account of a company called Goldmatic Limited. Upon review of the statement, he confirmed that no company with that name exists in CBN’s records. From the name, it is safe to say the company is a limited liability company and CBN does not keep accounts for such entities.

Walter Mbah, now a pensioner, was an employee of Union Bank from October 1971 to March 2009, during which he had the opportunity to work at Union Bank London Branch between 2000 and 2001. He informed the Court that Union Bank, London branch received a request from the Bank’s head office in Lagos to confirm a cheque for GBP2,556,000,000 in 2001. As is the usual practice, the London Branch wrote to Barclays Bank for confirmation of the cheque. Barclays Bank responded via its own letter stating that the account against which the cheque was drawn had been closed since 1989.

Mbah testified that while Union Bank could not trace the copy of the letter written to Barclays Bank, the Bank still had a copy of the response from Barclays Bank. The response from Barclays Bank was tendered and admitted by the Court in evidence.

It is expected that when the criminal trial resumes on Monday, 15 November 2021, the prosecution will conclude its case and the defence will open its case either immediately or at the next adjourned date. (BusinessDay)

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EFCC indicts Sirika, brother in new N19bn fraud

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The Economic and Financial Crimes Commission has charged former Minister of Aviation, Hadi Sirika, his brother, Ahmad Sirika; and his company – Enginos Nigeria Limited, with over N19.4bn fraud.

The sum is said to be for several aviation ministry contracts from the former minister to Enginos Nigeria Limited, owned by Sirika’s younger brother, Abubakar.

The Sirika brothers and Enginos Nigeria Limited will be arraigned before Justice Belgore of the Federal Capital Territory High Court, Garki, Abuja today (Tuesday).

It is the second criminal charge the EFCC will be filing against the ex-aviation minister.

He was last Thursday arraigned for N2.7bn fraud before the High Court of the Federal Capital Territory in Abuja.

Sirika was arraigned on six counts alongside his daughter, Fatimah; brother-in-law, Jalal Hamma, and Al-Buraq Investment Ltd.

The defendants pleaded not guilty while Justice Sylvanus Oriji granted them N100m bail each, with the condition that they must not travel out of the country until the end of the criminal case.

On Monday, EFCC insiders informed The PUNCH that the anti-graft agency had filed a second charge against the ex-minister, bordering on N19.4bn fraud.

In the copy of the fresh charges sighted by our correspondent on Monday, the EFCC alleged that Sirika, “while being the Minister of Aviation, on or about 18th August 2022, in Abuja, within the jurisdiction of this honourable court, did use your position to confer an unfair advantage upon Enginos Nigeria Limited, whose alter ego, Ahmad Abubakar Sirika, is your biological brother, by using your position to influence the award to him, the contract for the construction of a terminal building at Katsina Airport for the sum of N1,345,586,500.00.”

According to the EFCC, Sirika’s alleged action was a violation of Section 19 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.

In another count, the EFCC alleged that “on or about 3rd of November, 2022, in Abuja,” Sirika used his position “to confer unfair advantage upon Enginos Nigeria Limited, whose alter ego, Ahmad Abubakar Sirika, is your biological brother, by using your position to influence the award to him, the contract for the establishment of Fire Truck Maintenance and Refurbishment Centre at Katsina Airport for the sum of N3,811,497,685.00.”

In another count, he was accused of corruptly awarding a N615,195,275.00 contract to his brother for the procurement and installation of lift and air conditioners and power generators for the Aviation House in Abuja.

Furthermore, the EFCC alleged that Sirika, between August 2022 and May 2023 in Abuja, “had possession of an aggregate sum of N2,337, 840,674.16, which sum you knew indirectly represented the proceeds of criminal conducts of Hadi Abubakar Sirika, who was the Minister of Aviation at the time.”

It was revealed that the ex-minister’s younger brother, Abubakar, was earlier arrested and detained by the EFCC in connection with N3,212,258,930.18 paid to his company, Enginos Nigerian Limited’s bank account by the former minister.

 

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Nigerian Bank chiefs obtain N549bn insider loans in five years

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Directors and key management personnel of Deposit Money Banks borrowed about N549bn from their financial institutions in five years.

This is according to The PUNCH analysis of the banks’ annual reports filed with the Nigerian Exchange Limited between 2019 and 2023.

However, the banks’ loans and advances to some directors and key management personnel as well as related party transactions dropped significantly in 2023.

These transactions dropped to N52.40bn for eight financial institutions compared to N111.31bn in 2022, indicating a 52.92 per cent decline in one year.

Financial institutions reviewed in the 2023 review include Access Holdings, Guaranty Trust Holding Company Plc, Zenith Bank Plc, United Bank for Africa, Fidelity Bank, Wema Bank, Stanbic IBTC Holding Plc and the FCMB Group.

This decline came amid the release of new corporate governance guidelines by the Central Bank of Nigeria which went into effect August 1, 2023.

In the circular dated July 13, 2023, and signed by Director, Financial Policy and Regulation Department, Chibuzo Efobi, the guidelines which imposed responsibilities on the bank board and the executive compliance officers, supersede other previous codes, circulars and related directives, according to the apex bank.

The CBN guidelines on related party transactions said, “Banks shall establish a policy concerning insider trading and related party transactions by directors, senior executives, and employees, as well as publish the policy or a summary of that policy on their website. 22.2 The policy shall contain appropriate standards and procedures to ensure it is effectively implemented. 22.3 In addition to the requirements in Section 22.2, there shall be an internal review mechanism carried out by the internal audit function of the bank, to assess the compliance and effectiveness of the policy.

“22.4 Any director whose facility or that of his/her related interests remains nonperforming in any financial institution for more than one year shall cease to be on the board of the bank and shall be blacklisted from sitting on the board of such bank and that of any other financial institution under the purview of the CBN. 22.5 No director-related loans and/or interest thereon shall be written off without the CBN’s prior approval.”

Leading the pack in terms of major decline in loans to related parties and entities controlled by key management personnel was Fidelity Bank Plc, which went from N92.31bn at the end of December 2022 to N2.09bn at the end of last year.

In footnotes, the bank however said that some of the related parties like A-Z Petroleum Limited, Dangote Group and Genesis Group as of 31 December 2022, had “exited the related party relationship post 2022 financial year in line with CBN requirement.”

In 2022, the total value of insider loans for 10 banks including Access Holdings, Guaranty Trust Holding Company Plc, Zenith Bank Plc, United Bank for Africa, Fidelity Bank, Wema Bank, Stanbic IBTC Holding Plc, FCMB Group, Unity Bank and Sterling Bank amounted to N131.04bn.

Fidelity Bank led the highest for the year, followed by Unity Bank at N17.32bn and UBA at N13.74bn.

In 2021, the loans to related parties of these financial institutions rose to N139.16bn with Fidelity Bank and UBA leading at N97.73bn and N15.28bn, respectively. GTCO trailed in third position with N6.859bn.

Between 2019 and 2020, a total of N226.6bn was disbursed as loans. In 2019, eleven banks borrowed its key management personnel a total sum of N29.65bn. The figure also includes loans to companies related to the directors.

An analysis showed that GTCO lent N155m, Zenith Bank (N1.76bn), UBA borrowed its directors N297m, Wema Bank (N5.2bn), Stanbic IBTC (N95m), FCMB (N4.8bn), Unity Bank(N7.14bn), Sterling Bank (N10.12bn) to related parties.

In 2020, the figure increased by 564 per cent or N167.32bn to N196.97bn.

Checks showed that Access Bank lent the highest with a total of N174bn to its directors and companies related to them. This was followed by Unity Bank with N7.55bn. Third on the list was Sterling Bank with N6.01bn.

Other banks including Fidelity borrowed its directors N986.2m, GTBank (N67.9m), Zenith Bank (N1.797bn), UBA (N206m), Wema Bank (N2.82bn), Stanbic IBTC (N332m), FCMB (N3.2bn), Unity Bank (N7.55bn), Sterling Bank (N6.01bn).

Commenting on the trend, the Chief Research Officer at InvestData Consulting, Ambrose Omordion said “In my language, they say, it is the yam that you know that you use to make pounded yam. If an organisation feels that the insider or director can pay the loans given to them, then there is no issue. It is when they do not pay that is where there would be issues.

“Like what is happening now in the economy, banks are not giving loans to ordinary companies unless those with names because of economic headwinds. If they give loans to the public and they are unable to repay, Non-Performing Loans will rise. If the banks offer to insiders that would pay, it is better for them.”

 

The Punch

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Court Orders Arrest of Ex-Naval Chief, Usman Jibrin Over Alleged N1.5billion Money Laundering Charges

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Justice Inyang Ekwo of the Federal High Court, Abuja, has ordered the arrest of a former Chief of Naval Staff, Vice Admiral Usman Jibrin, and two other officers over N1.5 billion money laundering charge.

 

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) dragged the trio before the court over fraud N1.5bn allegations.

 

The court issued the arrest warrant after hearing a motion exparte marked FHC/ABJ/CR/158/2023 and filed by ICPC counsel, Osuobeni Ekoi Akponimisingha.

 

In the motion, the lawyer submitted that Usman Jibrin Oyibe, Adam Imam Yusuf, Brigadier General Ishaya Gangum Bauka (first to third defendants), were investigated for allegations of money laundering and making false statements regarding diversion of funds in their respective military and paramilitary institutions, into companies in which they allegedly had stake.

 

According to him, at the commencement of the investigation into the allegations, the defendants were released on administrative bail on self-recognition because of their status as serving and former public figures and has since then refused to show up for possible arraignment in court.

 

The Lawyer prayed the court for a bench warrant against the 1st, 2nd and 3rd Respondents (Vice Admiral Usman Jibrin Oyibe, Adam Imam Yusuf, and Brigadier General Ishaya Gamgum Bauka) in charge No. FHC/ABJ/CR/158/2023 which is pending before the court for the purpose of arresting and bringing them to court for their arraignment and trial.

 

Listed as first to sixth defendants in the 17-count charge are Usman Jibrin Oyibe, Adam Imam Yusuf, Brigadier General Ishaya Gangum Bauka, Lahab integrated & Multi Services Limited, Gate Coast Properties International Limited and Ummays Hummayd Energy Ltd

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