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$9.6bn judgment: EFCC launches forensic probe

$9.6bn judgment: EFCC launches forensic probe - Photo/Image
Operatives of the Economic and Financial Crimes Commission (EFCC) have commenced a forensic examination of documents relating to the controversial agreement between the Nigerian government and Process and Industrial Development Limited (PI &ID), Daily Trust reports.

The anti-graft agency has also intensified its search for a former Deputy Director Legal in the Petroleum Ministry, Grace Tiaga, over the contractual agreement which led to a London arbitrary court awarding the sum of $9.6 billion against Nigeria over breech of the contractual agreement.

A highly placed source within the EFCC told Daily Trust yesterday that investigators are doing a forensic examination of all documents relating to the agreement and is looking to interrogate persons involved with the contract.

The source who wouldn’t want his name in print because he is not authorized to speak on the matter said the commission (EFCC) has intensified its search for former Deputy Director Legal in the Petroleum Ministry, Grace Taiga over the controversial Gas Supply Processing Agreement (GSPA) between the Nigerian Government and Process and Industrial Development Limited (PI &ID).

“No stone is being left unturned to locate Taiga and have her explain how the letter was signed and the agreement concluded without the assent of the Federal Executive Council (EFC)”, the source said.

The United Kingdom, Business & Property Courts (the Commercial Court), presided by Justice Butcher, had on August 20 granted a request for the enforcement of a March 20, 2013, award against Nigeria by a District Circuit Court in Washington DC.

The award in favour of Process & Industrial Development Limited (P&ID), a British engineering firm, followed an alleged breach of a 2010 gas contract agreement by the company and the Nigerian government.

The agreement was signed during the tenure of late President Umaru Musa Yar’Adua, with Rilwan Lukman as Petroleum Minister.

In 2017, the tribunal awarded P&ID $6.6 billion as damages but the amount grew to about $8.9billion with an additional $2.3 billion in accumulated interest at 7 per cent rate per annum following Nigerian government’s refusal to enter an appeal for over five years.

Daily Trust reports that the forensic investigation launched by the EFCC is coming amid denials by officials of the current administration of complicity in the botched gas supply contract even as the founder of the company at the centre of the controversy, Michael Quinn, on Saturday named key Nigerian government officials who played different roles in the process that led to the contract.

Mr Quinn had named two former presidents, Yar’Adua and Goodluck Jonathan, as well as the late petroleum minister Lukman, as privy to the contract.

He also named top government officials in the negotiations for the contract to include former petroleum minister, Diezani Alison-Madueke, former energy minister, Olatunde Odusina, former presidential adviser on petroleum, Emmanuel Egbogah, former Group Managing Director of NNPC, Shehu Ladan, as well as his counterparts between 2011 and 2012.

Others are the then manager (Gas) of National Petroleum Investment Management Services (NAPIMS), Labi Ajibade; the Managing Director, Addax Petroleum in 2010, Neil Hitchcock; then Permanent Secretary, Ministry of Petroleum Resources, Goni Sheikh; the director (legal) of the petroleum ministry, Grace Taiga, and a representative of the ministry’s head of policy (Ibrahim).

Mr Quinn also named the then Group General Manager/Special Technical Adviser to NNPC (General Executive Director, Power and Gas, NNPC), David Ige; representatives of the Department of Petroleum Resources, Ogwu Jones and Sunday Babalola; the then technical assistant to the petroleum minister, Taofiq Tijani; the then general manager of planning, gas and petroleum of NNPC, Uno Adeniji; then manager, gas and petroleum, NNPC (Umar); the then technical adviser to the Group Managing Director of NNPC, Nuhu Tizhe; the then assistant legal adviser to the petroleum minister, Belgore; Debo Spaine of Addax Petroleum, and Mohammed Kuchazi of P&ID.

The federal government has described the award as a conspiracy to cause economic damage to Nigeria.

Attorney-General and Minister of Justice, Abubakar Malami, said the government has resolved to probe the contract with a view to bringing suspected collaborators and conspirators to account.

Daily Trust gathered that the contract was agreed on January 11, 2010 when Michael Aaondoaka (SAN) was Attorney General of the Federation and Minister of Justice, and Yar’Adua was on sick leave in Saudi Arabia.

The British court gave the nod for the enforcement of the liability award nearing $10bn against Nigeria on Friday, August 16 following Nigeria’s failure to meet its obligations with Process and Industrial Development Limited (P&ID) in a 20-year Gas Supply Processing Agreement (GSPA).

Under the terms of the agreement, P&ID was to build and operate an Accelerated Gas Development project to be located at Adiabo in Odukpani Local Government Area of Cross River State.

The Federal Government’s obligation was to provide natural gas of 150MMSCuFD of associated Wet Gas from oil field OML 123 operated by Addax Petroleum and supply to P&ID to refine into fuel suitable for power generation in the country to operate at high rate in the twenty year period.

Yar’Adua went to Saudi Arabia in late November 2009 for treatment of kidney problems, without handing over to his deputy, Goodluck Jonathan.

On February, 9, 2010, by a resolution of the National Assembly, Vice President Jonathan was mandated to assume office in acting capacity. On February 10, Jonathan redeployed Aaondoaka as AGF to the Ministry of Special Duties, and appointed Adetokunbo Kayode in his place.

Presidency denies meeting with P&ID

The presidency yesterday denied reports that the Vice President, Yemi Osinbajo met with officials of the Process and Industrial Development Limited (P&ID) over $9.6bn judgement against the federal government.

Reports had filtered round that the vice president and some top officials of the federal government met with the representatives of the P&ID at the Presidential Villa, Abuja.

But a presidential spokesperson, Laolu Akande in a text message said officials of the firm were not at the State House, Abuja.

“We have seen some reports purporting that P&ID representatives attended a meeting in the Vice President’s office this afternoon (yesterday).  No such thing happened. There were no P&ID representatives in any shape or form near the Villa,” he said.

The vice president yesterday met with  the Finance, Budget and National planning Minister, Zainab Ahmed, Minister of Justice, Abubakar Malami, Minister of Information, Lai Mohammed, the Minister of State for Petroleum, Timipre Sylva, Minister of State for Niger Delta Affairs, Festus Keyamo and the Group Managing Director of NNPC, Mele Kyari,

Others who attended the meeting that lasted for about three hours were the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, and the Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele.

But Akande told journalists that he has no mandate to speak on the meeting.

It would be recalled that the CBN governor had said that the federal government will apply for stay of execution on the $9.6bn judgement against the country.

“I am not scared at all and I think it is also important that this question has come up. Since the news about the judgement broke out late on Friday, we have been discussing with our counsels, and they have advised that there are sufficient and strong grounds on the basis of which we could file a stay of execution and also an appeal against that judgement.

“There are certain anomalies in the process leading to the award of that contract which is currently being looked into by the EFCC and I believe that the EFCC themselves have their own investigation reports,” he reportedly said in an interview.  (Daily Trust)
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