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FG Silent as the World Probes Illegal Sale of OPL 245

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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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Defending the foundations for connectivity

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By Engr. Gbenga Adebayo

In 2001, when the first GSM call was made in Nigeria how many of us would have envisaged the digital world that we live in today? The pace of growth and the rate of adoption of telecoms solutions in Nigeria has been revolutionary. It is a globally acknowledged case study that we should be proud of and a clear demonstration of what can be achieved.

Almost all of us today are reliant on the network connectivity that it has enabled in different shapes and forms. From the simple need to communicate with loved ones, to the digital platforms that enable our access to and consumption of entertainment, financial products and other critical services. Our reliance on these systems is becoming more and more acute, whether it is citizens, governments, or corporations. System downtime is increasingly disruptive and offline manual redundancies are often in the advanced stages of being phased out. The pace of this transition is not slowing down. With the core infrastructure in place, innovation is driving the exponential growth of services that ride on it. From the fully adopted social media that has changed the way we interact, to the emerging Artificial Intelligence (AI) revolution.

While this innovation is enabling exciting new possibilities, there is a tendency to focus on those opportunities, to the detriment of the core infrastructure on which it rides. It is imperative that we retain a focus on the optimisation of that infrastructure and enable continued investment in its development. We have seen how the transition from 2G, through to 3G, 4G and 5G have each enabled the development of more and more sophisticated solutions.

The continued development of core infrastructure has to be sustainable, and over the last few months we have begun to see the challenges that the operators that provide it are facing. Both MTN and Airtel have declared significant foreign exchange (FX) losses in Nigeria, and the stress is not linked to them alone. The entire ecosystem is battling with a range of challenges that must be addressed. If we fail to do so, the downstream impact on innovation will be severe. Telecoms infrastructure requires a base level of investment to maintain its current capabilities, and significant additional investment to expand and grow. It is capital intensive and that capital has to be generated through sustainable business models.

At the heart of the challenge the industry faces is the issue of rising costs. Recent financial losses are directly linked to the cost of operating towers that rely on inputs like diesel, which have increased significantly as the Naira has depreciated. The provisions large telecom companies have had to make, and the consequent losses and impact on their reserves is a red flag. It tells us that business as usual is not sustainable. If we continue as we are, then those companies will struggle to continue to invest in and maintain existing services.

But those costs are not the only challenge. General cost inflation, multiple taxation, regular and damaging vandalisation of infrastructure and the costs associated with regulatory compliance all help contribute to the high cost of operations. We cannot continue to follow a path that asks those companies to simply accept those rising costs. It is no longer sustainable, and we have reached an inflection point.

This is a critical moment for the industry. How we approach and resolve it will define the future of Nigeria’s digital economy. If you want to be able to enjoy the benefits that digitisation brings. If we want the infrastructure that enables AI and helps us drive growth, then we must take action now.

Cost-reflective tariffs, like it or not, are simply non-negotiable. We have seen the impact of price controls in other segments of the economy, like power. If providers cannot operate sustainable business models, then they stop investing. When that happens, the existing infrastructure starts to crumble. For power, a consumer can choose to take ownership of the solution by buying a generator, or a solar panel. For fuel, the government can step in as the provider of last resort and manage a subsidy regime that mitigates the impact on the population. Those options are not available in the telecoms sector. There is no self-help solution.

We fully understand and appreciate the financial stress that Nigerians are experiencing today. The cost of living is the single most significant factor in most people’s daily lives. But those people are still able to enjoy the benefits that connectivity brings, at the price they paid before these challenges became so acute. Imagine a future in which the gains of the last twenty years are reversed. Nigeria, and Nigerians simply cannot afford it. The pain that we would feel under those circumstances would be exponentially worse.

We need to find a long-term, sustainable and manageable solution to this problem. Prices will need to rise, but action needs to be taken in a measured way, through sustainable conversations and partnership with the government. It is time to address this head on.

Engr. Gbenga Adebayo is the Chairman, Association of Licensed Telecoms Operators of Nigeria (ALTON)


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LCCI Urges FG to Simplify Trade Procedures to Boost Economy

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The Lagos Chamber of Commerce and Industry (LCCI) has said that the government needs to simplify and harmonize trade procedures and address bottlenecks in order to boost economic growth in the country.

President of LCCI, Mr. Gabriel Idahosa, gave the charge at a Quarterly media briefing on the State of the Economy yesterday in Lagos.

He said that the government has to create an atmosphere that promotes export growth and competitiveness, which is projected to boost export earnings, raise domestic revenue, improve citizens’ welfare, and increase business productivity.

“We recommend that reforms must include simplifying and harmonizing trade procedures as well as addressing bottlenecks such as port logistics, congestion, and transportation costs. This is expected to position the country as the commercial centre of the region and a springboard into regional value chains,” he stated.

On managing the persistent high inflation, the LCCI president said both monetary and fiscal authorities should focus on the factors driving the inflation rates by tackling the supply-side deficiencies instead of focusing too much attention on the demand-side management.

“We urge the Central Bank of Nigeria (CBN) to continue with its foreign exchange (forex) market reforms with intense discipline, as the high exchange rate against the naira is a major driver of the skyrocketing inflation rates.”

Idahosa acknowledged the improvement in the naira exchange rate in the last few days, moving towards the level of N1000 per dollar or lower.

“CBN needs to sustain its policy and regulatory reforms in the FX market, adopt policies that would attract more FX inflow into the economy as well as build market confidence in the performance of the FX market,” he added.

 


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Dufil Takes Donation of Indomie Noodles Cartons to Vulnerable Communities in Abuja and Environ

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In line with its commitment to provide critical support to indigent members of communities around the country in the face of the ongoing economic challenges, Dufil Prima Foods Limited, makers of Indomie Instant Noodles, in partnership with Golan Helps Abuja Food Bank Initiative (GHAFBI) and Meluibe Foundation on Wednesday, April 17 distributed Indomie noodles cartons to vulnerable communities in Kuje and Kubwa Local Government Areas in Abuja.

With the goal of alleviating hunger and supporting communities across Nigeria, Indomie Instant Noodles has committed to donating a substantial quantity of noodle packs to various NGOs working tirelessly to address food insecurity.

These organizations play a crucial role in reaching remote and underserved areas, ensuring that nutritious meals reach those who need them most.

“We are deeply committed to making a positive impact in the communities where we operate,” said Olusola Olayinka Idowu OON, former Permanent Secretary, Budget and National Planning, and the CEO/Founder of GHAFBI.

“At GHAFBI, we believe that everyone deserves access to wholesome and nourishing food. Our partnership with Dufil Prima Foods to donate Indomie Noodles packs is a big step towards addressing food insecurity and supporting vulnerable communities in Abuja”, said Idowu who was also the former National Conveyor, UN Food System Dialogues in Nigeria.

Speaking in the same vein, Obialunanma Nnaobi-Ayodele, Executive Director, The Meluibe Empowerment Foundation, expressed her gratitude to Indomie Noodles for the partnership. “Our vision as an NGO is to change the world one step at a time, by providing relief and support to vulnerable communities.

This is achieved through collaborations and partnerships, one of which is what we have done with Indomie Noodles. We remain grateful for their support through this food relief initiative”, she said.

By partnering with NGOs, Indomie Instant Noodles works closely with local leaders and community heads in directly engaging with rural communities to distribute noodle packs and provide immediate relief to families facing hunger and ensuring that food assistance reaches those who are most in need, especially in hard-to-reach areas.

“We are grateful for the opportunity to collaborate with NGOs and community leaders to make a meaningful difference in the lives of people facing food insecurity”, said Temitope Ashiwaju, Group Corporate Communications and Events Manager, Dufil Prima Foods Limited. “Together, we bring hope, love and relief for all”.

The community leaders and some of the beneficiaries also expressed their immense gratitude to Indomie for the support, stressing the impact the products donated will have in alleviating hunger in their communities.

Speaking at the outreach centre, His Royal Highness, Muhammed D. Jibril, Community Leader of Gbazango Community in Kubwa Local Government Area said: “I am very grateful to Indomie Noodles for coming to our aid in these challenging times. I pray for more expansion and growth for the business and may God bless Indomie Noodles”.

Other communities who benefited from the product donations include Wunmi, Tondo, Godoji and Shazhi communities in Kuje Area Council of Abuja.

Dufil Prima Food’s donation of Indomie Noodle packs underscores its commitment to corporate social responsibility and its dedication to supporting communities in need. By providing essential food relief, Dufil Prima Foods is contributing to the well-being and resilience of vulnerable populations in Nigeria.

Indomie Instant Noodles remains dedicated to bringing joy to mealtimes and making a positive impact in communities around the world.


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