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HOW TUNDE AYENI RAN INTO MONUMENTAL DEBT………

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*****How He Secured A Multi-Billion Naira Loan To Finance The Revival Of Moribund Government-Owned NITEL and Yola Disco

*****+ How government’s refusal to honor contractual agreements ran him into monumental debt

It wouldn’t be hyperbolic to say that Dr. Tunde Ayeni has a patriot’s heart and the soul of a revolutionary. This is to assert the fidelity and stoic perseverance of the genius within the footholds of power and a troubled oil sector.

Yes, despite his exit from Skye Bank, where he served as chairman, the cascade of blows against the successful lawyer turned business magnate has neither softened nor ceased.

At the moment, Ayeni is battling tooth and nail to save his most audacious investment, Ntel, from some powerful forces decidedly hell-bent on taking over the telecoms company and probably messing him up.

A consortium run by Ayeni, NATCOM Telecommunications, bought over the moribund national telecoms company, NITEL, and its mobile subsidiary, MTEL, from the Federal Government in 2014 and transformed it to Ntel.

Within a year of operations, Ntel has emerged a force to be reckoned with in the very competitive telecommunications sector, introducing the most sophisticated 4G service to Nigerians, while delivering superfast call connect times, crystal clear voice-over-LTE and high-speed Internet access. No sooner had Ntel introduced these innovative services that its problems began.

In the last one week, Ayeni has come under a barrage of media onslaughts, bordering on his stewardship at Skye Bank Plc., essentially due to the multi-billion naira loan he secured to finance the revival of NITEL.

Prior to the take-off of the Global System of Mobile Communications, GSM, in Nigeria in 2001, the services of the national telecommunications carrier had been spasmodic at best. In spite of successive administration’s efforts to revive it, nothing worked, thus consigning NITEL to the dustbin or so, until NATCOM came through in 2014.

According to a retired Director in the old Ministry of Communications Technology which oversaw the bid for NITEL, “It is quite sad how in Nigeria we dig our own grave and yet cry that we are not making progress. I just saw an online medium publish some grave allegations about Tunde Ayeni and his stewardship in Skye Bank.

“While I do agree that officeholders should be accountable for their actions, I wonder what the real intent of the government or whoever is behind that story is. Having petitioned the Presidency, why hastily bring the same allegations to the media?” He wondered whether the loan was unilaterally obtained in such a big bank or it went through due process.

“Now, who approved the loan? If the bank did not find the business proposal worthwhile, why approve the loan in the first place? Could these alleged financial losses running into almost N300bn as stated by the bank possibly have been accumulated in just over two years of Ayeni’s chairmanship because he only became chairman in 2013?

How much was the total deposits base of the bank during the over two years that one chairman would incur such expenses in so short a time? Why single Ayeni out of the three chairmen when Alhaji Musiliu Smith and Mrs (Moronkeji) Onasanya are still alive?”

Tunde and his partners borrowed money from the bank to buy Yola Electricity Distribution Company, but unfortunately for them, because of terrorist attacks, they declared a force majeure. Following the declaration of a force majeure by Integrated Energy Distribution and Marketing Company, the core investor in the Yola Electricity Distribution Company, the Federal Government took over the beleaguered power firm.

Consequently, the Federal Ministry of Power took over the management and control of the electricity distribution company since 2015. The Federal Government promised to pay back Integrated Energy Distribution Company $180 million since 2015, an agreement that the government has not fulfilled to date. The government has taken Yola Disco from the core investor and has yet to refund (the investor) the money used to acquire the asset.

The Yola Disco is running even as you read, and the Federal Government is even planning to sell it. Ayeni and his partners are paying back the huge loan to the bank with a huge interest. Meanwhile, it’s the same government that owes Integrated Energy Distribution Company such a humongous amount of money that is perpetrating cynical witch-hunts against them. Isn’t it ridiculous?

Obviously, the source also said, “The intent of this is either to conduct a media trial and convict the person (given Nigerians’ general phobia of not wanting to be in the press), or to pre-empt the President and blackmail him to act in a particular manner. Or better still, it may be to achieve a sinister motive of discrediting the man in the eyes of potential partners so as to make him a commercial outcast and ultimately overrun his business. Otherwise, how do you explain this action?

However, that electricity supply in Nigeria is still a spasmodic flourish, a yo-yo at best, is fairly and squarely the missteps and myopia of former President Goodluck Jonathan. This is the unanimous assertion of the investors behind Distribution Companies, DISCOs, who are the providers of last mile services in the electricity supply value chain.

Alas, at the time of the acquisition of the unbundled companies, core investors paid $2.238 billion which they sourced at N150 to the dollar. Two years later, dollar oscillated between N370 and N400, an investment-debilitating increase. This has plunged many of the investors into harrowing webs of debts.

Many have lost their assets and savings in the process. Life could not be more difficult for genuine, patriotic Nigerians who saw an opportunity to bail their fellow countrymen out of the cauldron of darkness but got frustrated by the system.

Now, their migraine does not end there; back then, the Federal Government promised to invest about $7 billion to revamp the old, obsolete networks; maintenance of network equipment; investment in trained manpower and customer data; increase meter penetration; and resolve health, safety and environmental issues.

All these have remained typical Nigerian politicians’ promises, empty and vainglorious. To compound the problems of the investors since the conclusion of the privatisation process, they are now faced with huge operational challenges, clearly visible in their operations and service delivery; lack of sufficient energy supply from the national grid; and a near absence of investments due to poor revenues, inadequate tariffs and external funding constraints.

According to the Executive Director, Association of Nigerian Electricity Distributors, the umbrella body for the DISCOs, Sunday Oduntan, “In that agreement, there is a list of what the Federal Government was going to do and what we as operators, the DISCOs, GENCOs and investors are to do. But unfortunately, the government reneged on all its obligations and promises.

“And those things that the government offered to do were essentially preconditions meaning ‘if I do this, you will do that. So, if I don’t do this, you will not be able to do that.’ An example is the issue of tariffs. From day one, the term they used was cost-reflective tariff. The simple meaning of that is what can be called the appropriate pricing of products. Tariff is about price and electricity is the product.”

Captain Idahosa Okunbo, a businessman, philantropist and investor extraordinaire, said, “The Federal Government has not met most of the conditions under which we should operate as a distribution company, and the best thing that can happen today to us or to me is for the government to take back the assets and pay us back our money.

“We are paying the loan we took to acquire the Yola Disco; we are also paying interest on the Yola investment and the Yola Disco has already been handed over to the government three years ago. Yet, we, as investors, have not been refunded. Is that how to do business? Is that how to encourage investors to do business in Nigeria?” Continuing, the billionaire oil magnate and philanthropist, said, “We brought business out of those entities. In fact, those assets should have been sold for $1 while we invest the money we paid to the Federal Government in optimising the asset.

“How can the government have sold these assets to Nigerians in dollars when the assets are in naira?”

Literally emitting fire, Okunbo also said, “I am not a thief; I have been servicing debts from my hard-earned money, servicing debts of a business that is not working. We carry members of staff that we are constantly paying salaries to.”

Capt. Okunbo, a former pilot who retired from the aviation industry in 1988 when he was barely 30, Okunbor, also a popular philanthropist, states, “In my three decades in business spanning engineering and technology, energy, integrated service in the petroleum sector, maritime, security, agriculture and others, integrity has been my guiding principle and a core value with which I have been able to earn trust and confidence of companies and corporations of global repute.

I have never stood before any administrative, judicial or legislative panels to answer any questions related to any shady deal. I have conducted my businesses with utmost openness, honesty and integrity. I am not oblivious of the fact that not a few people look up to me as a role model; the least I can do is to exhibit exemplary leadership quality to this group of young Nigerians, many of whom interact with me on a regular basis.”

Interestingly, however, there are so many people that borrowed huge money from the banks and stash it in foreign banks while some keep theirs in shallow grave. And they still walk freely in Nigeria.

With the present situation of things, it is short of reaching the conclusion that our government is set up such that it cripples local businesses and discourage local investors while offering foreigners unbelievable waivers and opportunities that are denied Nigerians who genuinely want to move the country forward.

 

The Capital

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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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