Embattled acting chairman of the Economic and Financial Crimes
Commission (EFCC), Ibrahim Magu, has accused the Attorney-General of the
Federation, Abubakar Malami, of frustrating efforts made by the
anti-graft commission to transparently dispose vessels forfeited to the
Nigerian government.
Mr Magu, who was responding to an enquiry by the presidential probe
panel investigating allegations of corruptions leveled against him by
the Attorney-General of the Federation, Abubakar Malami, accused Mr
Malami of working at cross-purposes with the commission in the disposal
of vessels involved in illegal activities to the extent of costing the
country at least N283 million in recovered assets.
Mr Magu’s response suggested that the AGF’s action was responsible
for the loss of one of the vessels, which was carrying 1,459 metric
tonnes (1,979,056.45 litres) of Premium Motor Spirit (PMS).
The suspended EFCC boss made the allegation while responding to a
part of the query that alleged that the commission under him mismanaged
recovered asset, including vessels involved in economic sabotage.
Explaining what happened with the forfeiture of one of the vessels,
MT Good Success, Mr Magu explained that the vessel was seized with 1459
metric tonnes of PMS. He said the company also forfeited the N66,069,505
and $975,694.50 in FCMB Plc account of Hepa Global Energy Limited, the
owner of MT Good Success.
He said although the company tried to upturn the judgement by O.E
Abang, a high court judge in 2015 the attempt failed at the Court of
Appeal.
Mr Magu explained that before the stay of execution filed by the
company at the Court of Appeal, he had already commenced actions to
ensure that the government benefited from the forfeited funds by lodging
it with the Central Bank of Nigeria (CBN).
He said the EFCC similarly wrote a letter to Mr Malami with reference
number EFCC/SC/JUS/07/101 dated 24/03/16 titled “NOTIFICATION TO
DISPOSE” of MT GOOD SUCCESS, recommending the disposal of the vessel and
the processes to be adopted.
He said the EFCC under his leadership did so “in demonstrating my
total commitment for accountability and transparency in the process of
disposition of the forfeited asset”.
He claimed that the AGF did not respond to the letter.
He said on November 10 and 23, the commission received a couple of
memos from the Nigerian Navy, which was the custodian of the forfeited
vessels stating that MT Good Success had sunk.
He said the navy explained that when the vessel was about to sink,
efforts were made to relocate it from Lagos Anchorage and attempts were
made to inform the commission’s Lagos office but were unable to do this
before the vessels submerged.
“Pursuant to the above recommendation a meeting was held with the
Flag Officer Commanding Western Naval Command wherein he explained that
the vessel had sunk but same could be salvaged, after incurring heavy
costs, as only very few companies, such as Julius Berger, have the
equipment and capacity to salvage the vessel.
“The report of the meeting was conveyed through a memo dated 19th
December 2016 wherein it was recommended that all vessels in the custody
of the Navy listed in the memo including MT Good Success should be
salvaged, evacuated and disposed of, if possible,” he wrote.
He said a letter was subsequently issued to a company, Pinnacle Trading and Investment Nigeria Limited, to dispose the vessel.
He explained that upon the discovery that the letter issued to
Pinnacle flouted a statutory procurement procedure in the Public
Procurement Act, 2007, the EFCC directed that the letter be revoked and
subsequently issued a disclaimer.
Mr Magu explained that the commission had to make the decision when
it found out that Pinnacle Limited is owned by the same people behind
Omo-Jay Limited, a company which was being prosecuted for illegal oil
dealings in the Niger Delta.
Last week it emerged that Mr Malami authorised Omo-Jay to dispose of
crude oil and diesel in four sea vessels despite the companies standing
trial for stealing 12,000 metric tonnes of crude oil.
Mr Malami had argued that his directive to the company to dispose of
the oil was legal. He stated that although the company and its owner,
Jerome Itepu, were standing trial, they have not been convicted by any
court of law in the country and should not be denied the opportunity to
participate in the bidding process.
Malami gifted more forfeited content of seized vessels to Omo-Jay
Mr Magu also explained how the actions of the AGF led to the double
disposal of seized vessels and how, Malami directed the same Omo-Jay
Limited to dispose the forfeited vessels.
He said on April 7, 2017, the commission got a court order from
Justice Idris of the Federal High Court in Lagos for the sale of
Automated Gas Oil (AGO) onboard the vessel PSV Derby.
The judge ordered the court registrar in collaboration with the
prosecutor and defence counsel to dispose the asset while the proceeds
of the sale would be in the court’s custody pending the determination of
the case.
Mr Magu said while the EFCC was trying to execute the court order, Mr
Malami commenced a fresh process for the disposal of the vessels while
ignoring a letter from the EFCC informing it of the court order it had
obtained.
“In so doing, the HAGF did not respond to the letter written to him
by the former Secretary to the Commission recommending the disposal of
MT Good Success. Rather the HAGF commenced his own process of disposing
of not only MT GOOD SUCCESS but other vessels already forfeited by the
Commission including MT ASTERI, MT DERBY, MV THAMES and in any others
connected to pending court cases,” he wrote.
He informed the probe panel that the AGF then contracted a private
law firm, Dipo Opeseyi and Co, to obtain forfeitures on his behalf while
instructing the commission to work with the firm to reconcile the
orders obtained by the firm
Mr Magu also told the probe panel that Mr Malami through a letter
with reference number HQ/011/78/98/93/A/VOL.1/21 dated 14th of February,
2020 addressed to him and the Nigerian Navy informed the Commission
that by virtue of the Federal Government of Nigeria official Gazette No.
163 Vol 106 of 2019, the navy has been directed to allow Omo Jay
Nigeria Limited to evacuate the content of two other forfeited vessels –
MT Peace and Mt Asteris.
Mr Magu said the commission later learnt through an auctioneer it
engaged that the Ministry of Defence and Mr Malami had commenced the
process of engaging other auctioneers to dispose of the vessels “thereby
taking away the opportunity given to this auctioneer by the Commission
to dispose of the vessels through transparent due process.”
“The aforesaid law firm of SANI & CO wrote a similar petition to
the Bureau of Public Procurement (BPP) against the Commission and the
HAGF for undertaking double disposal process of the same assets. The
Commission was invited to BPP to respond to the allegation
“By a letter ref. No: MOD/PROC/GEN/346/1 dated 21st June 2018 the
Honourable Minister of Defence informed the Commission of the approval
of Mr President to the Ministry of Defence to dispose the vessels.
“The HAGF through the Head of Asset Recovery and Management Unit of
the Ministry of Justice, Ladidi B. Mohammed, wrote a letter to the
Commission with reference number HAGF/ARMU/RMDOVS/2017/11 dated 27th
July 2018 requesting for access to the vessels for valuation by Omo-Jay
Nigeria Limited, Federal Ministry of Works and Housing and Dipo Okpeseyi
& Co.”
Mr Magu explained that in demonstration of his commitment towards
ensuring Federal Government get the full economic benefit, he informed
Vice President Yemi Osinbajo, who is the chairman, Presidential
Committee on Asset Recovery “of the steps taken by the Commission to
prevent economic loss as a result of the depreciating nature of the
forfeited assets, the challenges we are encountering and the need to
urgently dispose of the perishable and depreciating forfeited assets.”
Mr Malami did not answer or respond to calls made to him on Tuesday morning to comment for this story.
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