Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Thursday, November 9, 2023, admitted, in evidence, more documents tendered by the Economic and Financial Crimes Commission, EFCC, against Mamman Nasir Ali and Christian Taylor, who are being prosecuted for an alleged N2.2bn oil subsidy fraud.

They were arraigned alongside Nasaman Oil Services Limited on amended 49-count charges bordering on conspiracy to obtain money by false pretence ,contrary to Section 8 and 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006; obtaining money by false pretences, contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006; forgery, contrary to Section 363 (3)(j) of the Criminal Law of Lagos State 2011; and use of false documents contrary to Section 364 of the Criminal Law of Lagos State 2011.

One of the counts reads: “Nasaman Oil Services Ltd, Mamman Nasir Ali, Christian Taylor, Oluwaseun Ogunbambo (now at large) and Olabisi Abdul-Afeez (still at large), on or about the 9th day of November 2011 at Lagos, within the Ikeja Judicial Division, with intent to defraud ,conspired to obtain the sum of N749,991,273.36 (Seven Hundred and Forty-Nine Million, Nine Hundred and Ninety-One Thousand, Two Hundred and Seventy-Three Naira Thirty-six Kobo) from the Federal Government of Nigeria by falsely claiming that the sum of N749,991,273.36 represented subsidy accruing to Nasaman Oil Services Ltd under the Petroleum Support Fund for the importation of 10,031,986 litres of Premium Motor Spirit (PMS), which Nasaman Oil Services Ltd purported to have purchased from SEATAC Petroleum Ltd of British Virgin Islands and imported into Nigeria through MT Liquid Fortune Ltd of British Virgin Islands and imported into Nigeria through MT Liquid Fortune Ltd Ex MT Overseas Lima, which representation you knew to be false.”

Another count reads: “Nasaman Oil Services Ltd, Mamman Nasir Ali, Christian Taylor, Oluwaseun Ogunbambo (now at large) and Olabisi Abdul-Afeez (still at large),on or about the 11th day of April 2011 at Lagos, within the Ikeja Judicial Division, with intent to defraud, obtained the sum of N1,480,074,125.61 (One Billion Four Hundred and Eighty Million, Seventy-Four Thousand, One Hundred and Twenty-Five Naira Sixty-One Kobo) from the Federal Government of Nigeria by claiming that the sum represented subsidy accruing to Nasaman Oil Services Ltd under the Petroleum Support Fund for the importation of 20,492,982.50 litres of Premium Motor Spirit (PMS),which Nasaman Oil Services Ltd purported to have purchased from SEATAC Petroleum Ltd of British Virgin Islands and imported into Nigeria through MT Liquid Fortune Ex Mt. Hellenic Blue and Ex MT. Milleura, which representation you knew to be false.”

They pleaded “not guilty” to all the charges preferred against them.

They were initially standing trial before Justice Adeniyi Onigbanjo of the Lagos State High Court sitting in Ikeja. However, Justice Onigbanjo withdrew from the case, prompting the re-assignment of the case to Justice Dada.

At Thursday’s proceedings, a prosecution witness, Tolulola Tola-Ukabam, an investigative officer with the EFCC and a member of the Special Team on Petroleum Subsidy, STPS, set up in 2012 by the EFCC to probe the alleged fraud in the fuel subsidy regime, told the court that “The Special Team on Petroleum Subsidy was tasked to investigate payment of subsidies to importers of Premium Motor Spirit, PMS. As a member of the team, I was given the sole responsibility of investigating the vessels that were used by the marketers to import PMS.” Led in evidence by the prosecution counsel, S.K. Atteh, she told the court that her task was to confirm that vessels were active as well as the locations of the vessels on some particular dates – that is, the date they loaded PMS at the port of origin and also the date they had ship-to-ship, STS transfer with smaller vessels. “I carried out my investigation, using the Lloyd’s List of Intelligence database,” she said.

According to her, the Lloyd’s List of Intelligence is a subscription -based online platform, which provides real time and historical maritime data. “It tracks the location and movement of vessels, and you can also find details of each vessel such as the type of vessel, the history of the ownership and the status of the vessel, whether inactive or active. The EFCC subscribed to this platform by paying a fee, and an account was created for the Commission in the name of the then Director of Operations. I was selected as the Desk Officer to access the platform”, she said.

She further testified that she began her vessel’s search on the website of the Lloyd’s List of Intelligence,using the name of the vessel and its International Maritime Organization (IMO) number, which is unique to each vessel. According to her, “Once it displays the result, I then download the copy of the report on the vessel. Nasaman Oil Services Limited was one of the marketers I was investigating. In quarter two, 2011, they had a transaction in which they claimed to have imported PMS, using a vessel called MT Overseas Lima loaded at Belgium on the 9th of September 2011, and they also claimed that it had a ship-to-ship transfer with a daughter vessel called MT Liquid Fortune on the 1st of October 2011 offshore Lome. From my search on the Lloyd’s List of Intelligence, I discovered that the mother vessel was at Chile on that 9th September 2011; and on the 1st of October 2011, the vessel was at China, not offshore Lome, as claimed.”

The witness further told the court that Nasaman Oil Services Limited also had two transactions for quarter three, 2011. “First, they claimed to have imported PMS, using the vessel called MT Milleura loaded at Belgium on the 14th of October 2011; they also claimed it had a ship-to-ship transfer on 23rd November 2011, with MT Liquid Fortune offshore Lome. From my search on Lloyd’s List Intelligence database, MT Milleura was around Dover, UK, during the period of loading, while on the 23rd of November 2011, it was in Russia, not offshore Lome as claimed”, she said.

“For the second transaction, they claimed to have used a vessel called MT Hellenic Blue, which loaded from Amsterdam on the 14th of November 2011; they claimed it had ship-to-ship transfer on the 20th of December 2011 with MT Liquid Fortune. My search further revealed that the vessel, MT Hellenic Blue, had its name changed to MT Nireus on 26th January 2010 and its last position was in India on February 17, 2010. So, the vessel was long broken up and dead before this second transaction”, she said.

She stated that she subsequently downloaded copies of the report and also printed the Certificate of Identification, which was also endorsed by her. Thereafter, Atteh applied to tender the bundle of documents.

There was no objection by the defence. In view of this, the documents were admitted in evidence by the court and marked Exhibit P20.

Testifying further, she told the court that she obtained the port of loading from the bill of laden. She identified the bills of laden for the vessels, which were already before the court as Exhibit P18.

Under cross-examination by the defence, she told the court that the bills of laden were the ones submitted by the defendants to the then Petroleum Products Pricing Regulatory Agency, PPPRA, to claim subsidy funds. She also confirmed that she interviewed Christian Taylor, the third defendant, in the course of the investigation.

After listening to all the submissions by the prosecution witness, Justice Dada adjourned the matter till December 15 and 20, 2023 for continuation of trial.

Media & Publicity

November 11, 2023.

PRESS RELEASE

IMO ELECTION: SANWO-OLU CONGRATULATES UZODINMA, COMMENDS TINUBU FOR CREATING LEVEL PLAYING GROUND

Lagos State Governor, Mr. Babajide Sanwo-Olu, has congratulated his Imo State counterpart and the All Progressives Congress (APC) candidate, Governor Hope Uzodinma, on his victory at Saturday’s governorship election in the state, saying his re-election is well deserved.

Governor Sanwo-Olu in a congratulatory message issued by his Chief Press Secretary, Mr. Gboyega Akosile, on Sunday in London, said Governor Uzodinma’s success in the election is a validation of people’s acceptance of his administration, having impacted positively in the lives of the citizens during his first term in office.

He said the people of Imo State deserve commendation for coming out en-masse to perform their civic responsibility and for defying all odds to vote for Governor Uzodinma-led APC administration in the state.

Sanwo-Olu said Governor Uzodinma’s victory is a clear manifestation that the APC remains the party of choice for Nigerians, stressing that the party will continue to work in the best interest of Nigerians in line with the Renewed Hope agenda of President Bola Tinubu.

He said: “I congratulate my brother and the Chairman of the Progressives Governors Forum (PGF), Governor Hope Uzodinma, for emerging victorious in Saturday’s gubernatorial election. I am glad that Governor Hope Uzodinma was returned by the good people of Imo State after a convincing victory over his opponents as declared by the Independent National Electoral Commission (INEC) at the poll.

“Governor Hope Uzodinma’s re-election affirms his administration’s good performance in the last four years. I believe strongly that he was re-elected because he delivered beyond the expectations of the Imo people during his first term.

“The APC candidate’s victory across the 27 local government areas in Imo State with over 400,000 vote margin against his main opponent, is a confirmation of the trust and belief of the people in the APC-led administration in Imo State, having benefitted immensely from the various people-oriented programmes of his administration.

“The real winners at the end of the day are citizens of Imo State because they have re-elected a “talk and do” governor. The victory is deserving. It is an assurance to us that the APC government at the state and national levels is doing something right. We know there are areas of improvement and we are determined to ensure that we give Nigerians the best they deserve.”

Governor Sanwo-Olu also commended President Bola Tinubu for creating a level playing ground for the gubernatorial elections in Imo, Kogi and Bayelsa states.

He said the President deserves commendation for deepening democracy and the electoral process in Nigeria, considering some successes recorded in the Imo governorship election and gubernatorial polls in Kogi and Bayelsa states.

SIGNED

GBOYEGA AKOSILE

CHIEF PRESS SECRETARY

12 NOVEMBER 2023

Identify, arrest sponsors of electoral offences in Bayelsa, Kogi, Imo, SERAP tells INEC

Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) “to promptly establish a joint, credible, transparent, effective, and broad-based investigation into allegations of electoral bribery and violence in the off-cycle governorship elections in Kogi, Imo and Bayelsa states.”

SERAP urged him to “identify, arrest, name and shame suspected perpetrators and their sponsors of these grave human rights crimes, and ensure their effective prosecution, regardless of their political status or affiliations.”

SERAP also urged him to “disclose the spending details on the governorship elections in Kogi, Imo and Bayelsa states, including the specific amount spent to conduct voter and civic education and activities carried out in these states.”

In the letter dated 11 November 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “If INEC is to live up to its constitutional and statutory responsibilities, it must take bold and effective measures to combat the culture of impunity for electoral bribery and violence in the country.”

SERAP said, “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.”

The letter, read in part: “INEC must acknowledge its own limitations and now embrace a transparent, credible, inclusive and broad-based investigation into the allegations of grave electoral offences in Kogi, Imo and Bayelsa states.”

“Electoral integrity is critical to a legitimate democracy. When the integrity of that process is compromised, the legitimacy of our government and the public confidence in our public institutions is seriously undermined.”

“Reports of grave electoral offences in Bayelsa, Kogi and Imo states have shown that INEC and politicians have learnt little or nothing from the well-documented problems during the 2023 general elections.”

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel INEC to comply with our request in the public interest.”

“The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.”

“Persistent cases of bribery and violence in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.”

“Unless there is a transparent, effective, credible, inclusive and broad-based investigation into these allegations, and perpetrators and their sponsors are named and shamed and brought to justice, impunity for these electoral crimes will continue. And citizens will continue to lose confidence in the electoral process.”

“Nigerians have the right to know how INEC is spending public funds in the discharge of its constitutional and statutory responsibilities. It is in the public interest to publish the details of spending on governorship elections in the three states.”

“According to our information, the governorship elections in Kogi, Imo and Bayelsa states witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.”

“The proposed joint investigation should comprise of INEC, anticorruption and law enforcement agencies, the Office of the Attorney General of the Federation, the National Human Rights Commission, the Nigerian Bar Association (NBA), and independent leaders and citizens’ groups from Kogi, Imo and Bayelsa states.”

“Electoral bribery and violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act.”

“Electoral bribery and violence and other electoral offences reportedly committed during the off-cycle governorship elections in the three states are contrary to the Nigerian Constitution, the Electoral Act and international standards.”

“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”

“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’”

“Under section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election processes.’”

“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral bribery and violence is combated through a transparent, credible and effective investigation and prosecution of suspected perpetrators.”

“There are reports of specific cases of pre-completed result sheets including in five local government areas of Kogi State – Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.

“Suspected political thugs reportedly harassed journalists covering the governorship election in Omuma Community in Oru East Local Government Area of Imo State. INEC official in the Oguta Local Government Area (LGA) of Imo State also alleged that some men invaded her polling unit and carted away result sheets.”

“According to a report by the Centre for Democracy and Development (CDD), there were several reports of electoral violence and vote buying across the three states. For example, there were reports of incidents in PU 1, Ward 8 and PU 11, Ward 1 in Sagbama LGA in Bayelsa West.”

“In Bayelsa Central, vote trading was reported in PU 16, Ward 6 in Yenegoa LGA, PU 22, PU 30 and 31, Ward 13 in Southern Ijaw LGA with reports of voter inducements ranging from N5,000 – N22,000, and items such as wrappers and rice were also reportedly shared to buy votes.”

“In Kogi, there were reports of vote buying in PUs 004, 038 and 039 in Ward A of Lokoja LGA, where party agents were allegedly sharing out money to voters upon confirmation that they voted for their party candidates.”

“In Imo, the two major parties’ agents reportedly engaged in vote buying, sharing between N2000 to N3000. INEC officials were reportedly bribed. Electoral violence was reported in Dekini LGA, town where a thug was reportedly shot and killed by military officials while fleeing in an attempt to snatch a ballot box.”

“INEC presiding officer was also reportedly abducted in Bayelsa while on his way to the Registration Area Centre – 06 (Ossioma) in Sagbama Local Government Area.” There are reports of thugs attacking several polling units in the three states.”

Kolawole Oluwadare

SERAP Deputy Director

12/11/2023

Lagos, Nigeria

Emails: info@serap-nigeria.org; news@serap-nigeria.org

Twitter: @SERAPNigeria

Website: www.serap-nigeria.org

For more information or to request an interview, please contact us on: +2348160537202