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From Brazil to Nigeria, a Trail of Samsung’s Graft Inclination

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Samsung Heavy Industries, SHI, the South Korean ship builder, has been in the news in Nigeria, since January this year following the arrival into the country of the multi-billion dollar Egina Floating Production Storage and Offloading, FPSO, vessel, built by it for Total and partners in the Egina oilfield project.

The arrival of the vessel at the Ladol shipyard in Lagos for the integration of its topsides was ceremonious being that the vessel is regarded as one of the biggest in the world and also because it would be the first time the nation would be witnessing the integration of the topsides of an FPSO locally.

Samsung’s good deed in delivering the vessel is however over-shadowed by its corruption history, which has become well-known in Brazil as in Nigeria. Indeed, in Nigeria, like in Brazil, Samsung Heavy Industries has its name etched in a history of graft.

Samsung’s graft story in Brazil is represented by the drillerships, Petrobras 10000 and Vitoria 10000. In Nigeria, its corrupt inclination blew open with the award of the Egina FPSO contract and the company’s manipulation of the government and NNPC officials to land the multi-billion dollar deal.

Organised bribery

In Brazil. a judge had in 2015 sentenced Nestor Cervero, former international chief of state-run oil firm Petrobras, to over 12 years in prison on charges of corruption and money laundering related to a bribe allegedly paid to the speaker of Brazil’s lower house of Congress.

Cervero and two other defendants were accused of organising bribes from Samsung Heavy Industries in exchange for two drillship contracts, the Petrobras 10000, which was leased jointly by Petrobras and Mitsui in 2006, and the Vitoria 10000, hired by Petrobras in 2007.

Consultant Julio Camargo, who said in a plea bargain testimony that the then speaker of Brazil’s lower house of Congress, Eduardo Cunha, asked him for a $5 million bribe, was given a 14-year sentence that was reduced to reporting to police twice monthly and doing community service because he collaborated.

Lobbyist Fernando Soares, accused of funneling bribes to Cunha’s Brazilian Democratic Movement Party, PMDB, was sentenced to over 16 years in jail.

Cunha, who quitted former Brazilian President, economist and politician Dilma Rousseff’s ruling coalition a few years back, had accused her government of framing him in the broadening scandal focused on Petroleo Brasileiro SA or Petrobras.

He was not a defendant, but the sentences handed down by federal judge, Sergio Moro, gave federal prosecutors in Brasilia more ammunition to bring charges against Cunha and other politicians thought to have benefited from the price-fixing and political kickback scheme.

Cervero’s 12 years and three-month sentence was the second he had received from Moro.

In May 2015, he was sentenced to five years in prison for using a front company to launder money stolen from Petrobras and buy a luxury apartment in Rio de Janeiro. He was fired from Petrobras in 2014 and arrested in January as he stepped off a plane from Europe.

Despite the degree of graft uncovered in the case, executives at Samsung Heavy Industries were not charged, neither were they investigated in the corruption and bribery case. Its officials, therefore, walked away unscathed.

Corruption at home

Prior to the Brazil event, a corruption scandal broke out at the Samsung Group in 2007, leading prosecutors to open a formal investigation into charges that its chairman, Lee Kun Hee, masterminded a broad scheme of bribery and illegal transactions.

Prosecutors had investigated three major accusations of criminal behaviour: the creation of a slush fund; the bribery of prosecutors and government officials; and an effort by the chairman, and his aide to illegally help his son take over control of Samsung.

“We are ready to unveil the truth through a stern, fair and thorough probe,” The New York Times had reported, quoting Kim Kyong Soo, a prosecution spokesman, then as saying.

In previous scandals that have plagued Samsung, several executives were convicted of illegally trying to help Mr. Lee’s son, Jae Yong, take control of management, and of bribing politicians. But Mr. Lee’s family had escaped largely unscathed.  This had led critics to charge that Samsung runs a vast network of bribery and influence-peddling through the government, the judicial branch and the media, making the Lee family untouchable — a claim vehemently rejected by Samsung.

A whistle-blower: Kim Yong Chul, Samsung’s former chief lawyer, had also confessed to having been personally involved in bribing and fabricating court evidence on behalf of Mr. Lee and Samsung.

*Again, Samsung denied all of Mr. Kim’s allegations Tuesday, saying that he was turning against Samsung out of “personal grudges.”

However, in a legal complaint filed with prosecutors Mr. Kim, who worked as an internal lawyer for Samsung for seven years until 2004, said that Mr. Lee and his top aides illegally ordered transactions that allowed his son to acquire Samsung shares from Samsung affiliates at unfairly low prices.

When prosecutors investigated one transaction in 2003, Mr. Kim said lawyers in his legal division at Samsung trained Samsung executives to serve as scapegoats to protect Mr. Lee, even though those executives were not involved.

Two of the executives were found guilty in a court ruling in October 2005.

In interviews with South Korean media, Mr. Kim said he was “sidelined” by Samsung after he refused to pay 3 billion won, or $3.3 million, in a bribe to the judge presiding over the case.

Mr. Kim’s accusations later took on a new drama when he gave a nationally televised news conference in a Catholic church in Seoul.

“Samsung instructed me to commit crimes,” he said at the news conference. “A basic responsibility for all Samsung executives is to do illegal lobbying, buying people with money.”

Samsung later issued a 25-page rebuttal denying all major accounts of Mr. Kim’s allegations. It noted that Mr. Kim did not provide evidence to support his claims.

Samsung in Nigeria

An independent investigation by the leading energy publication SweetcrudeReports in 2013 and this month had uncovered how Samsung Heavy Industries was handed over the Egina FPSO project after heavy bribing of corrupt government officials, who have also promised it other juicy upcoming contracts such as Shell’s Bonga and Zaba-Zaba led by Agip.

SweetcrudeReports gathered that Samsung bribed its way to land the Egina FPSO contract award, as another South Korean company which participated in the bids tender processes, Hyundai Heavy Industries, HHI, emerged preferred bidder, and was subsequently recommended by the National Petroleum Investment Management Services, NAPIMS, the investment arm of the Nigerian National Petroleum Corporation, NNPC, making the circumstances in which Samsung was selected appear inexplicable.

Checks revealed that Samsung had entered into a partnership with Intels for execution of the Egina FPSO packages and that the Nigerian company had deployed its immense political clout to pressure the NNPC management into breaking its own tendering processes, and rules of engagement.

It was gathered that at a meeting which took place after a Group Executive Committee meeting, held a few days before 2013 Christmas, Mr. Andy Yakubu, the NNPC group managing director, Abiye Membere, the NNPC group executive director and Mr. Tony Madichie, the NNPC secretary and legal adviser, decided to select Samsung for the FPSO package.

The Group Executive Committee, GEC, of the NNPC at the time explained that the rationale behind the award to Samsung Heavy Industries was that the company gave a 5 percent discount on the bid advanced by HHI for the Egina FPSO package. Strangely, HHI was neither invited by the GEC nor afforded the same opportunity to match or best the SHI offer lending credence to talk of bribery.

Subverting Nigerian Content scope
The selection of SHI for the Egina FPSO award ran against the grain of due process, the Nigerian Content scope was completely muddled up, putting in jeopardy the possible gains derivable thereof, and the aspirations of the federal government.

Before the Egina FPSO award, Samsung had never executed any project in Nigeria neither did it have any presence in the country.

An NNPC staff who pleaded anonymity had told SweetcrudeReports as far back as 2013, that “Obviously, no aspect of the FPSO package will be executed in Nigeria if Samsung gets the endorsement of the NNPC Board”.

Continuing efforts to obtain a reaction from executives of Samsung have so far proved abortive.


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Advancly, Bolt Nigeria Team Up to Provide Drivers With Access To Credit

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Advancly, a credit-tech company, is proud to announce its partnership with Bolt Nigeria, to provide drivers on Bolt with access to credit. This strategic collaboration aims to support drivers’ financial needs, enabling them to receive up-front earnings and boost their productivity.

Through this partnership, drivers who earn consistently on Bolt will have seamless access to Advancly’s credit solutions via an integration with Bolt.

This integration streamlines the borrowing process for Bolt Drivers, offering a hassle-free experience and access to low-interest, short-term loans to cover pressing expenses such as fuelling and maintaining their cars, ultimately empowering them to enhance their services and grow their income.

“We are thrilled to embark on this journey with Bolt Nigeria and bring our innovative credit solutions to their extensive network of drivers,” said Lolia Kienka, Country Manager, Nigeria for Advancly.

“The gig economy is playing a vital role in shaping the future of business for independent workers and this partnership reaffirms our commitment to enable entrepreneurs grow on their own terms by providing them with access to credit.”

“We recognize the vital role that financial stability plays in the lives of our drivers,” added Yahaya Mohammed, Country Manager at Bolt Nigeria. “In addition to our platform, we are excited to offer them additional resources that will help them manage their finances, provide exceptional services to riders and ultimately grow their businesses with Bolt.”

Launching first in Lagos and Abuja in beta, this strategic collaboration marks a significant milestone in providing healthy financial options to people who work within the gig economy, underscoring both companies’ dedication to empowering people to take control of their finances, on their terms.

 


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Court Backs CBN, Directs Banks to Collect Customer’s Social Media Handles

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Federal High Court sitting in Lagos has held that a Central Bank of Nigeria (CBN) regulation, which requires financial institutions to demand and collect the social media handles of their customers, as part of the standard Know-Your-Customer procedure, is not a breach of the right to privacy.

Justice Nnamdi Dimgba struck out a suit filed by a Lagos-based lawyer, Chris Eke, seeking a declaration that the regulation as contained in Section 6(a)(iv) of the Central Bank of Nigeria (Customer Due Diligence) Regulations, 2023, is undemocratic, unconstitutional, null and void, to the extent of its inconsistency with Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The applicant had also asked the court, to grant an order of perpetual injunction, restraining CBN from enforcing the regulation which requires financial institutions, to request customers’ social media handles as part of normal bank customer due diligence requirements.

The CBN in its response to the suit, filed a notice of preliminary objection, challenging the competence of the suit. The apex bank also disagreed that the said regulation constitutes any interference with the private life of the applicant, as claimed.

In his judgment, Justice Dimgba held that the notice of preliminary objection had merit, and he subsequently struck out the suit.

The judge said in his view, the provision of a social media handle is the same as the provision of email address, phone numbers and other means by which a potential customer of a bank can be contacted and or due diligence, to determine if the person is a fit and proper person for the bank to do business with, and as such, the regulation does not amount to an infringement on the right to privacy.

According to Justice Dimgba, the essence of having a social media account was for one to be publicly visible communication-wise, and it would be highly unreasonable to hold the CBN in breach of privacy for it.

The judge held that “First, the Applicant claims that the requirements on the CBN Regulations for financial institutions to request and collect the social media handle of its customers as part of KYC infringes on his right to privacy.”

“This claim is very ambitious and amounts to a very far throw. The said Regulations are directed to and apply to financial institutions. It does not apply to private individuals such as the Applicant.

“Even if, as appears to be argued, that the Regulations itself would inevitably affect the Applicant, this claim is speculative for the simple reason that in nowhere in the affidavit in support was it stated that the Applicant operates an account with a financial institution and that the said institution had demanded his social media handle. So the suggestion that he would be affected by this Regulation, albeit negatively, is very speculative and at large.

“Secondly, there is also no deposition to the effect that any financial institution had begun to implement this Regulation and that its implementation had begun to create disruptions and inconvenience against the general population, in which case one could infer that the suit should be legitimated as a public interest litigation.

“Thirdly, assuming even that the banks had begun to implement these regulations, the applicant assuming he maintained any bank accounts or sought to open one, but is being hindered or irritated by the requirement of the Regulation to avail his social media handle as part of KYC, the Applicant still had a choice, which is to refuse to do business with any bank insisting on the information as part of its social media handle, but to seek other alternatives.

“Fourthly, and for all it is worth, I do not see how asking a banking or potential banking customer to provide his social media handle can ever amount to a breach of privacy.

“Granted that Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides inter alia: “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

“My view is that the provision of a social media handle is of the same genre as the provision of email address, phone numbers and other means by which a potential customer of a bank can be contacted.

“Thus, it is clear from the face of the Regulations as set out above that email addresses, phone numbers and social media handles are all provided for under clause 6iv just to show that the aim was not to pry on anyone but rather to provide alternative ways by which a customer of the bank can be contacted, and or due diligence conducted on the person to determine if the person is a fit and proper person to extend banking services to.

“I do not see how this infringes on the right to privacy. I should even say that the essence of having a social media account was for one to be publicly visible communication-wise. It, therefore, appears quite ironic, though wryly, that one can suggest that asking for information about a social media handle with which the individual exposes and immerses himself or herself in the public, can amount to a violation of privacy rights, which rights itself is all about isolation of one from public glare.

“It is also to my knowledge that even in filling some business applications, personal information of this sort, is sometimes requested, and parties generally oblige. If it does not constitute a breach of privacy, why should it now?

“A social media handle is left at large for the world to see, being in the public space, everyone enjoys the liberty to have access to it whether or not consent was obtained. It would be highly unreasonable to hold the Respondent in breach of privacy for what other persons have access to.

“The apprehension of the Applicant of his social interactions being monitored is manifestly speculative in itself and rather incredulous to believe that the financial institutions have the luxury of time to concern itself with such frivolities.

“On the whole, if I did not sustain the NPO, I would have dismissed the suit for the reasons stated. But the NPO having been sustained, the suit is therefore hereby struck out.

“I make no order as to costs”.


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President Bola Tinubu Commissions Seplat Energy’s ANOH Gas Processing Plant

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The President of the Federal Republic of Nigeria, His Excellency Bola Ahmed Tinubu has commissioned the Seplat Energy ANOH Gas Processing Plant, marking a significant milestone in Nigeria’s energy landscape. The commissioning ceremony, which was held May 15, 2024, in Ohaji, Imo State, brought together key stakeholders in the industry.

Right-Left: Effiong Okon, MD ANOH Gas Processing Company; Roger Brown, CEO Seplat Energy Plc; Mele Kyari, GCEO NNPCL; Chinyere Ekomaru, Deputy Governor of Imo State; Udo Udoma, Board Chairman, Seplat Energy Plc and others during the Presidential Commissioning of the ANOH Gas processing Company in Owerri, on Thursday 15th May 2024.

Built by the ANOH Gas Processing Plant Company (AGPC), the ANOH plant is a joint venture owned equally by Seplat Energy and the Nigerian Gas Infrastructure Company (NGIC), a wholly owned subsidiary of Nigerian National Petroleum Corporation (NNPC). The Plant attained mechanical completion in December 2023 without a single recordable Lost Time Incident (LTI) across 12 million man-hours. With a Phase One processing capacity of 300 million standard cubic feet per day, The ANOH Gas Processing Plant Company is expected to deliver dry gas, condensate, and LPG to domestic and international markets.

Speaking at the commissioning occasion, The President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, commended Seplat Energy and its partners for their dedication to advancing Nigeria’s energy agenda. He stated, “Today is a great day of achievement demonstrating teamwork, commitment, and dedication to duty. I congratulate you for all you have done for the country and for fulfilling this in only 11 months. This event is highly significant and demonstrates the administration’s determination to accelerate the development of critical gas infrastructure geared at demonstrably enhancing the supply of energy to boost industrial growth and create employment opportunities and further prosperity for the nation.

“The project also fully aligns with the Decade of Gas initiative and our quest to create value from the nation’s abundant gas asset while eliminating gas flaring and celebrating industrialization. I wish to assure the Nigerian people that indeed this project represents only the beginning as the Federal government is stepping up its coordination of other landmark projects and initiatives that will ensure the earliest possible realization of gas fuel for prosperity in abundance”.

In his remarks Mr. Udoma Udo Udoma, Board Chairman, of Seplat Energy, emphasized the strategic importance of the ANOH project, adding that “The ANOH gas project strongly aligns with Seplat Energy’s mission of leading Nigeria’s energy transition with accessible, affordable, and reliable energy that drives social and economic prosperity. As a testament of our pledge to Nigeria, in partnership with the NNPC Ltd, we have delivered this project that will support the current administration’s drive for industrialization and growth of the economy through low-cost reliable power.

“To put this into context, if all of the gas from this plant went into the power sector, it would produce enough electricity to transform the lives of over 5 million people. Given that Nigeria’s population is growing at a rate of over 5 million per annum, we need one of these plants a year every year just to meet the demand of our new arrivals. We all have work to do. We appreciate the unwavering support of our partner NNPCL, the cordial relationship with our host communities, Imo state government and the support of all stakeholders that are too many to mention.”

Commenting on the commissioning of the ANOH project Mr. Roger Brown, CEO, of Seplat Energy, stated that, “Seplat Energy is pleased with the progressive reforms by His Excellency President Bola Ahmed Tinubu and his administration. In March 2024, the President signed executive orders to enhance investments in greenfield gas development and midstream capital projects. Also, the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) recently improved gas prices under the DSO, to trigger further investments to the domestic gas sector – our ANOH gas plant will benefit from these reforms and incentives. “No doubt, the ANOH’s gas will further reduce Nigeria’s carbon intensity and increase energy supplied to the Nigerian domestic market.”

The commissioning ceremony was well-attended by members of the Board, Management and Staff of Seplat Energy, government officials, institutional partners, traditional rulers as well as indigenes, and industry players, amongst other stakeholders.

Speaking on the collaborative efforts between Seplat Energy and the Nigerian Gas Infrastructure Company (NGIC) in bringing the ANOH Plant to fruition, Mr. Mele Kyari, the Group CEO of NNPC Ltd stated that, “The ANOH Gas Processing Plant being commissioned by NNPCL and our partner is in line with Nigeria’s decade 0f gas agenda and particularly consistent with the administration’s efforts to boost gas supply in the domestic market”.

Also speaking at the commissioning, Imo State Governor, Hope Uzodinma ably represented by the Deputy Governor, Mrs. Chinyere Ekomaru, congratulated Seplat Energy on the record time completion of the project and expressed his delight at the opportunities that lie ahead of the State on account of the successful completion of the ANOH plant, just as Rt. Hon. Ekperikpe Ekpo, the Minister of State Petroleum Resources (Gas) remarked that, “With a capacity of 600 million standard cubic feet per day, the ANOH Gas Processing Plant is a shining example of advancement. This plant will greatly advance the availability of domestic gas which will boost power generation and hasten industrialization.”

The ANOH Gas Processing Plant, located at Ohaji, in Imo State, is set to become one of Nigeria’s most strategic gas projects. It is poised to pave the way for increased gas production in Nigeria, accelerating the nation’s transition from small-scale diesel generators to cleaner, less expensive fuels such as natural gas for power generation. In February 2021, AGPC, successfully raised $260 million in debt to fund completion of the ANOH project. The project is now fully funded following the completion of equity investments of $210 million by each partner ($420 million combined).

Seplat Energy is committed to maximizing the potential of the ANOH Gas Processing Plant and delivering value to all stakeholders. As the plant begins operations, Seplat Energy looks forward to harnessing its full potential and contributing to Nigeria’s energy transition journey.


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