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Former Scotland Yard Crime Chief Begins Investigation Into Alleged Fraudulent Implementation of Nigeria’s Crude Oil Tracking Note Scheme

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The questionable contract award of Cargo and Crude Oil Tracking Note Scheme to a Belgian firm, Antaser BV by the Federal Government of Nigeria has now become a subject of international investigation, which may burst a can of worms and expose top Nigerian public and private officials involved in the perennial scotch of oil theft, which denies the country over eighty percent of its oil revenue.

 

Donnington Nigeria Ltd and its technical partner Vortexa UK,the companies that were allegedly shortchanged in the wrongful award, had been at legal loggerheads with the Government of Nigeria, as well as Antaser Belgium and Antaser Nig Ltd, Velocity Logistics and Maritime Services, Winslow Logistics, Equal Logistics and Saham Crystal Investment Nig Ltd and individuals, the purported beneficiaries of the project to implement the Advanced Cargo Declaration/Cargo Tracking Note Scheme.

 

Donnington, which alleges wrongdoing and breach of extant laws in the contract award, has engaged the services of a former Assistant Commissioner of London’s Metropolitan Police, Tarique Ghaffur, CBE, QPM, to dig into the fraudulent contract award, in breach of relevant provision of the Public Procurement Act.

 

This was disclosed in a press statement on Tuesday by the Managing Director of the company, Mohammed Sani, who stated, “We have some compelling information which leads us to suspect that wrongdoing within the high levels of the Nigerian Federal government, its ministries and agencies, has taken place. Accordingly, we have engaged Tarique Ghaffur, CBE, QPM, a former Assistant Commissioner of London’s Metropolitan Police, and his team of public corruption and economic crime experts, to investigate such wrongdoing, which appears to have its foundations in the continuation of thefts of crude oil.”

 

It is widely believed by a cross-section of Nigerians that government officials and top brass of the military are complicit in the crude oil theft. Donnington alleges that the award to Antaser Bv Belgium and the other “bubble companies” is because those in government are looking for a smokescreen for their allies in the organized crime of oil theft.

 

According to documents seen, as of January 2024, the Nigerian Government had unilaterally appointed six other companies to implement the Cargo Tracking Scheme, instead of Donnington Nigeria Ltd, which had complied with all the requirements, including gaining Presidential approval on 4th May 2021, for the re-introduction of the scheme. The company had also secured other relevant approvals from the various ministries and agencies.

 

Mr Ghaffur, who has successfully led many high-profile international investigations, both whilst with the police as head of Scotland Yard’s Specialist Crime Directorate, and as the head of an international security consultancy, has already commenced his pre-investigation review, he was quoted as saying in the statement:

 

“My team and I shall explore all legal means to robustly gather evidence to prove criminal intentions and related acts”.

 

“We know from our previous work that criminals permeate the highest levels of many governments, and their ultimate victims are the citizens they are supposed to serve”.

 

“Organized crime takes many forms, and it is in this case our mission to expose such criminality wherever we find it, and Nigeria is no exception,” Mr Ghaffur was quoted to have said.

 

Mr. Sani added that the investigation will be far reaching and extend both domestically and internationally, to jurisdictions such as the United Kingdom of Great Britain and the United States of America, including known repositories for criminal assets and laundered money.

 

Meanwhile, certified documents obtained from the Corporate Affairs Commission in Nigeria, show that appointees of former President Muhammadu Buhari’s Government may have used proxy companies to hijack the Cargo Tracking Scheme Contract, which triggered the legal tussle between Donnington Ltd and the Government of Nigeria.

 

Intriguing, is the fact that they secured the contract, worth billions of Naira, without due diligence, as investigations reveal that four out of the five companies used were not registered with the Special Control Unit Against Money Laundering, SCUML of the Economic and Financial Crimes Commission EFCC, which tends to suggest that the government officials involved unduly influenced the Bureau of Public Procurement BPP, whose duty it is to carry out due diligence.

 

Only Velocity Nigeria Ltd was duly registered, according to checks. The four others companies, which were not endorsed by SCUML, as required, are Antasar Nigeria Ltd, Equal Logistics Ltd, Winslow Logistics Ltd and Sahams Crystal Investment Ltd. This was confirmed by the Economic and Financial Crimes Commission in a letter to solicitors of Donnington Nigeria Ltd, which was dated 30th March 2023. It was in response to their inquiry after they had gone to court to challenge the sham award of the said CTN Contract.

 

This aside, Antaser BV Belgium and Antaser Nig Ltd were both indicted along side Transport and Port Management System Ltd(TPMS) by the EFCC in 2011 in case involving financial crime

 

Former President Olusegun Obasanjo recently said that one of the reasons why Nigeria’s economy is in ruins is that while other oil-producing countries have records of their oil production, Nigeria cannot account for hers due to theft. And this investigation by ex-Scotland Yard’s crime chief would be welcomed by commonplace Nigerians, who are currently lumbering through a historic hardship, amid soaring prices and high cost of living.

 

Nonetheless, this inquest would sling more mud on Nigeria’s already battered image. A country once described by former British Prime Minister David Cameron as “fantastically corrupt.“

 

A source at Donnington Ltd revealed that Kroll Associates UK, a financial investigation company, was also engaged to investigate and expose the Beneficial Owners of the six companies favored by the Nigerian government – using money trail to link the real owners and it was based on their preliminary report that a criminal investigation became necessary.

 

The Office of the Secretary to the Nigerian Government had yet to respond to this embarrassing development, as at the time of filing this report. Calls and messages sent to that office had not been answered.

News and Report

Just In: Tinubu swears in Ibok-Ette Ibas as Rivers sole administrator

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President Bola Tinubu has officially sworn in Vice Admiral Ibok-Ete Ibas (rtd.) as the Sole Administrator of Rivers State.

 

The ceremony took place after a brief meeting between the president and the newly appointed sole administrator at the Presidential Villa in Abuja on Wednesday afternoon.

 

Ibas’s appointment follows President Tinubu’s declaration of a state of emergency in Rivers State due to ongoing political instability and security challenges.

 

 

As part of the emergency measures, the president suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the state’s House of Assembly for an initial six-month period.

 

Vice Admiral Ibas will oversee governance in the state, although his role does not extend to enacting new laws.

 

However, the judiciary in the state will continue to operate independently.

 

 

 

 

 

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Finally, Reps pass Tinubu’s four tax bills

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The four tax bills transmitted to the National Assembly by President Bola Tinubu in October 2024 were on Tuesday passed on the third reading in the House of Representatives.

The House had last Thursday considered and approved the report of the House Committee on Finance, which proposed several recommendations on the executive bills.

After a delay of about three months, which included public hearings and the receipt of memoranda from concerned stakeholders, the National Assembly finally resumed work on the bills three weeks ago.

The hearings were focused on how best to reform Nigeria’s tax administration system.

During Tuesday’s plenary, House Leader, Julius Ihonvbere, moved for the bills to be read for the third and final time.

He said: “Mr. Speaker and honourable colleagues, I move that the bill for an Act to provide for the assessment, collection of, and accounting for revenue accruing to the federation, federal, states, and local governments, prescribing the powers and functions of tax authorities, and for related matters be read for the third time.”

He further moved for the reading of additional bills for the third time.

These included a bill to repeal the Federal Inland Revenue Service (Establishment) Act, No.13, 2007, and enact the Nigeria Revenue Service (Establishment) Bill, which would establish the Nigeria Revenue Service with powers for assessment, collection, and accounting for revenue accruable to the government.

He also moved for a bill to establish the Joint Revenue Board, the Tax Appeal Tribunal, and the Office of the Tax Ombudsman for the harmonisation, coordination, and settlement of disputes arising from revenue administration in Nigeria.

Lastly, a bill to repeal certain acts on taxation and consolidate the legal frameworks relating to taxation, enacting the Nigeria Tax Act to provide for the taxation of income, transactions, and instruments was also moved for third reading.

The bills were then overwhelmingly voted on by the lawmakers and passed with Speaker Tajudeen Abbas presiding over the session.

The next step will see the bills forwarded to President Tinubu for assent after passing through the Senate and, if necessary, undergoing harmonszation between the Senate and House versions.

Despite the overwhelming support, the bills faced opposition, particularly from lawmakers from northern Nigeria, who, in solidarity with their governors, called for the bills to be withdrawn for further consultation.

 

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NBA to Tinubu: You lack power to remove elected governor under emergency rule

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The Nigerian Bar Association (NBA) has told President Bola Tinubu that he lacks the constitutional powers to remove any elected governor of a state in Nigeria.

Besides, the umbrella body for legal practitioners in the country held that Tinubu’s Tuesday night declaration of a state of emergency in Rivers State “remains constitutionally inchoate and ineffective” until the National Assembly approves the declaration.

In a statement issued to journalists on Tuesday night, the NBA President, Mazi Afam Osigwe, SAN, observed that the action of Mr. President has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution, which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

While stating that Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, Osigwe argued that “The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.”

Besides, the NBA President observed that “the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and the dissolution of parliament are governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”

The NBA further submitted that “A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

The NBA, in addition, asserted that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials, adding that “the purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.”

While reiterating that the President does not have the constitutional power to remove an elected governor under a state of emergency, the body stated that any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.

The NBA therefore called on the National Assembly to “reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.”

Besides, it warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.

Meanwhile, the NBA demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.

It also encouraged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement added.

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