Economy
How Eterna Oil MD Duped FG with Forged Documents—Witness
By Modupe Gbadeyanka
More revelations are emerging as the trial of those accused of involvement in the subsidy fraud continues.
At the Lagos State High Court sitting in Ikeja presided over by Justice Hakeem Oshodi, a prosecution witness, Abdul-rasheed Bawa, an investigator with the Economic and Financial Crimes Commission (EFCC), alleged that the Managing Director of Eterna Oil and two others forged 30 documents to defraud the federal government in fuel subsidy.
The trio of Mahmud Tukur, Abdullahi Alao and Ochonoghor Alex and their companies Eterna Plc and Axenergy are being prosecuted by the EFCC for defrauding the government to the tune of N3.12 billion.
The defendants had previously been arraigned before Justice Lawal Akapo on December 10, 2015 for allegedly diverting the money obtained from the Federal Government for the purpose of importing Premium Motor Spirit (PMS).
Counsels to the accused had subsequently filed a joint application seeking to quash the charge preferred against their clients by the commission.
According to the EFCC, the defence counsels had argued that the State High Court lacked jurisdiction to entertain the matter on the grounds that the allegations against them were oil and gas related, which could only be heard by a Federal High Court.
The accused, through their counsels, had also argued that the prosecution could not establish a prima facie case against them.
In his ruling on the application, Justice Oshodi had dismissed the application and upheld the argument of the prosecution.
The judge also held that the prosecution had successfully established a prima facie case against the accused persons and described the application as “premature”.
At the resumed hearing before Justice Oshodi on Friday, November 24, 2017, the defence, again, argued that the prosecution did not have the fiat of the Attorney General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami (SAN), to prosecute the case.
In his response, the prosecution counsel, Mr Rotimi Jacobs (SAN), however, submitted that he did not have to show the defence the fiat of the AGF to prosecute them.
Mr Jacobs further submitted that he could only show his client, the EFCC and the court the fiat and not the defence counsels.
Justice Oshodi upheld the argument of the prosecution counsel, thereby setting the stage for the prosecution witness, Mr Bawa, to give his evidence against the accused.
The accused, among others, claimed that they had imported and discharged PMS sometime in September, 2011 at a tank farm in Lagos, First Deep Water Discovery Limited, for which they were paid the sum of N626 million subsidy.
Also, the accused said they received the sum of N595 million from the government after claiming to have imported and discharged PMS at the same tank farm in Lagos sometime in October, 2011.
However, the witness, in his testimony, told the court how the accused, without any fuel importation, forged over 30 documents and submitted same to the Petroleum Products Pricing Regulatory Agency (PPPRA), to fraudulently obtain the subsidy for importation of PMS in 2011.
Led in evidence by the prosecution counsel, the witness said: “The owner of the vessel, MT Deepwater EX MT Valle Di Castiglia, and the claimed tank farm of discharge, First Deep Water Discovery Limited, denied the usage of their vessel for the transaction and also confirmed forgery of documents submitted by Eternal to PPPRA.
“The EFCC had access to Lloyds List Intelligence and search conducted for the movement of MT Valle Di Castiglia revealed that the vessel was at the Republic of Turkey all through the period that Eternal claimed to have taken PMS from it with MT Deepwater. So, how can a vessel that was in Turkey give products to another vessel in offshore Cotonou?”
Giving further evidence on both MT Fulmar Ex MT Emirates Star and MT Panther EX MT Emirates Star, the witness said the modus operandi employed by the defendants to defraud the government was alteration of bills of loading dates resulting in higher costs of importation.
He said: “The claimed MT Emirates has a bill of lading dated 28 April, 2011 which gave Eternal a loading cost of about N151.
“However, investigation revealed that the actual mother vessel for the transaction is MT GonHild Kirk, which had a bill of loading with the date of April 3, 2011, with landing cost of about N141.
“The government, acting on forged importation documents indicating MT Emirates Star, paid Eternal about N3.3 billion instead of N2.9 billion. Thus Eterna Oil was overpaid about N300 million.
He added that search on LLyods Intelligence on Emirates Star indicated that the vessel sailed out of Doven Strait, United Kingdom and arrived New York, USA within the period that the Eternal documents claimed that the vessel was discharging its products into MT Fuliman and MT Panthern.
The case was adjourned to February 26, 2018 for continuation of trial.
By Adedapo Adesanya
Food Concepts Plc neutralized the gains recorded by three securities, returning the NASD Over-the-Counter (OTC) Securities Exchange into the negative territory with a 0.27 per cent loss on Thursday, December 4.
Yesterday, the share price of the parent company of Chicken Republic and PieXpress declined by 34 Kobo to sell at N3.15 per unit compared with the previous day’s N3.49 per unit.
This shrank the market capitalisation of the OTC bourse by N5.72 billion to N2.136 billion from N2.142 trillion and weakened the NASD Unlisted Security Index (NSI) by 9.57 points to 3,571.53 points from 3,581.10 points.
Business Post reports that Central Securities Clearing System (CSCS) Plc went down by 50 Kobo to N38.50 per share from N38.00 per share, FrieslandCampina Wamco Nigeria Plc gained 29 Kobo to sell at N55.79 per unit versus N55.50 per unit, and Geo-Fluids Plc added 5 Kobo to close at N4.60 per share compared with Wednesday’s closing price of N4.55 per share.
Trading data indicated that the volume of securities recorded at the session surged by 6,885.3 per cent to 4.3 million units from the 61,570 units posted a day earlier, the value of securities increased by 10,301.7 per cent to N947.2 million from N3.3 million, and the number of deals went up by 146.7 per cent to 37 deals from the 15 deals achieved in the previous trading session.
At the close of business, Infrastructure Credit Guarantee Company (InfraCredit) Plc was the most traded stock by value on a year-to-date basis with the sale of 5.8 billion units for N16.4 billion, trailed by Okitipupa Plc with 170.4 million units worth N8.0 billion, and Air Liquide Plc with 507.5 million units valued at N4.2 billion.
InfraCredit Plc also finished the session as the most traded stock by volume on a year-to-date basis with 5.8 billion units transacted for N16.4 billion, followed by Industrial and General Insurance (IGI) Plc with 1.2 billion units sold for N420.2 million, and Impresit Bakolori Plc with 536.9 million units traded for N524.9 million.
By Dipo Olowookere
The upward trend witnessed at the Nigerian Exchange (NGX) Limited in recent sessions continued on Thursday as it further improved by 0.10 per cent.
This was despite investor sentiment turning bearish after the local equity market ended with 23 price gainers and 28 price gainers, indicating a negative market breadth index.
UAC Nigeria gained 10.00 per cent to finish at N88.00, Morison Industries appreciated by 9.94 per cent to N3.54, Ecobank rose by 8.53 per cent to N36.90, and Coronation Insurance grew by 8.47 per cent to N2.56.
On the flip side, Ellah Lakes depreciated by 10.00 per cent to N13.14, Eunisell Nigeria also shed 10.00 per cent to finish at N72.90, Transcorp Hotels slipped by 9.95 per cent to N157.50, Omatek shrank by 9.23 per cent to N1.18, and Guinea Insurance dipped by 8.46 per cent to N1.19.
Yesterday, the All-Share Index (ASI) went up by 152.28 points to 145,476.15 points from 145,323.87 points and the market capitalisation chalked up N97 billion to finish at N92.726 trillion compared with the previous day’s N92.629 trillion.
Customs Street was bubbling with activities on Thursday, though the trading volume and value slightly went down, according to data.
A total of 1.9 billion stocks worth N19.2 billion exchanged hands in 23,369 deals during the session versus the N2.3 billion valued at N21.0 billion traded in 21,513 deals a day earlier.
This showed that the number of deals increased by 8.63 per cent, the volume of transactions depleted by 17.39 per cent, and the value of trades decreased by 8.57 per cent.
For another trading day, eTranzact led the activity chart with 1.6 billion units sold for N6.4 billion, Fidelity Bank traded 31.0 million units worth N589.3 million, GTCO exchanged 28.3 million units valued at N2.5 billion, Zenith Bank transacted 27.1 million units for N1.6 billion, and Ecobank traded 21.9 million units worth N744.3 million.
By Adedapo Adesanya
The Naira marginally depreciated against the United States Dollar in the Nigerian Autonomous Foreign Exchange Market (NAFEM) on Thursday, December 4 amid renewed forex pressure associated with December.
At the official market yesterday, the Nigerian currency lost 0.01 per cent or 18 Kobo against the Dollar to close at N1,447.83/$1 compared with the previous day’s N1,447.65/$1.
It was not a different scenario with the local currency in the same market segment against the Pound Sterling as it further shed N15.43 to sell for N1,930.97/£1 versus Wednesday’s closing price of N1,925.08/£1 and declined against the Euro by 20 Kobo to finish at N1,688.74/€1 compared with the preceding session’s N1,688.54/€1.
Similarly, the Nigerian Naira lost N5 against the greenback in the black market to quote at N1,465/$1 compared with the previous day’s value of N1,460/$1 but closed flat against the Dollar at the GTBank FX counter at N1,453/$1.
Fluctuations in trading range is expected to continue during the festive season as traders expect the Nigerian currency to be stable, supported by intervention s by to the Central Bank of Nigeria (CBN)in the face of steady dollar demand.
Support is also expected in coming weeks as seasonal activities, particularly the stylised “Detty December” festivities, will see inflows that will give the Naira a boost after it depreciated mildly last month, according to a new report.
“As the festive Detty December season intensifies, inbound travel, tourism spending, and diaspora inflows are expected to provide moderate support for FX liquidity,” analysts at the research unit of FMDA said in its latest monthly report for November.
Traders cited by Reuters expect that the Naira will trade within a band of N1,443-N1,450 next week, buoyed by improved FX interventions by the apex bank.
Meanwhile, the crypto market was down as the US Federal Reserve’s preferred inflation gauge, core PCE, likely rose in September—moving in the wrong direction. However, volatility indices show no signs of major turbulence.
If the actual figure matches estimates, it would mark 55 straight months of inflation above the US central bank’s 2 per cent target. The sticky inflation would strengthen the hawkish policymakers, who are in favour of slower rate cuts.
Ripple (XRP) depreciated by 4.5 per cent to $2.08, Solana (SOL) went down by 3.8 per cent to $138.11, Litecoin (LTC) shrank by 3.1 per cent to $83.23, Dogecoin (DOGE) slid by 2.5 per cent to $0.1463, Cardano (ADA) declined by 2.1 per cent to $0.4368, Bitcoin (BTC) fell by 0.9 per cent to $91,975.45, Binance Coin (BNB) crumbled by 0.9 per cent to $899.41, and Ethereum (ETH) dropped by 0.7 per cent to $3,156.44, while the US Dollar Tether (USDT) and the US Dollar Coin (USDC) closed flat at $1.00 apiece.
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