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EFCC Drops N3bn Subsidy Fraud Case Against Eterna, Others

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By Dipo Olowookere

The N3.1 billion subsidy fraud case instituted against Eterna Plc; Managing Director of the firm, Mr Mahmud Tukur; Abdullahi Alao; Ochonoghor Alex; and Axenergy by the Economic and Financial Crimes Commission (EFCC), has been dropped.

Counsel to the EFCC informed Justice H. O Oshodi of the Lagos State High Court sitting in Ikeja on Friday, February 14, 2020, that having reviewed the facts of the case, it will be extremely impossible to further lead evidence in the matter against Eterna and Mr Tukur.

In December 2015, the EFCC had arraigned the defendants before Justice Lawal Akapo for allegedly diverting the money obtained from the federal government for the purpose of importing Premium Motor Spirit (PMS), otherwise known as petrol. They were also accused of forging 30 documents to defraud government in fuel subsidy.

In November 2017, during hearing before Justice Oshodi, Eterna and others claimed they 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.

They also 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, allegedly forged over 30 documents and submitted same to the Petroleum Products Pricing Regulatory Agency (PPPRA) to 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 Eterna 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 Eterna 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 was overpaid about N300,000,000.”

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 Eterna documents claimed that the vessel was discharging its products into MT Fuliman and MT Panthern.

But in a notice to the Nigerian Stock Exchange (NSE) this week, Eterna confirmed that this case has been struck out by the court after the prosecuting team stopped pushing the matter.

“Eterna Plc is pleased to announce that the criminal case instituted in 2012 by the Economic and Financial Crimes Commission (EFCC) against Eterna Plc, Mahmud Tukur and several other persons has been struck out,” the disclosure said.

Dipo Olowookere is a journalist based in Nigeria that has passion for reporting business news stories. At his leisure time, he watches football and supports 3SC of Ibadan. Mr Olowookere can be reached via [email protected]

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Economy

Nigeria Accesses $1.5bn from UAE Lender’s $5bn Swap Deal

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By Adedapo Adesanya

Nigeria has received the first tranche of its $5 billion derivatives financing arrangement with the First Abu Dhabi Bank (FAB), the United Arab Emirates’ largest lender.

According to a Bloomberg report published on Friday, the federal government drew about $1.5 billion over the past two weeks through a Total Return Swap (TRS) transaction with the lender.

The report stated that Nigeria will provide naira-denominated securities valued at 133.3 per cent of the loan amount as collateral for the transaction, while international financial institutions continue to express concerns about the risks associated with such derivative-based financing structures.

The financing is expected to support the government’s debt management strategy by replacing more expensive borrowings while helping finance the country’s fiscal deficit.

The first tranche is priced at 395 basis points above the Secured Overnight Financing Rate (SOFR), rising to SOFR plus 400 basis points thereafter.

The transaction further expands Nigeria’s financial relationship with First Abu Dhabi Bank, which had earlier provided about $1.2 billion to support the construction of a section of the ongoing Lagos-Calabar Coastal Highway.

The swap deal has come with much scrutiny from critics and international organisations. Recall that the International Monetary Fund (IMF), after a consultation visit, warned Nigeria against the deal, noting that such transactions are ‌often opaque and complex.

“Our view is that the transactions in these types of structures carry risks. Usually they are opaque, so the terms are not always ⁠very transparent when we reviewed these instruments across countries,” according to the IMF’s mission chief in Nigeria, Mr Christian Ebeke.

Mr Ebeke said Nigeria could instead issue eurobonds to finance its deficits or other means to raise funding, including on concessional terms.

The Senate in April gave its approval to the agreement put forward by President Bola Tinubu, who said his administration intends to use proceeds from the total return swap to refinance expensive debt and pay for infrastructure.

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Economy

Nigeria Needs More Taxpayers, Not Higher Taxes—Oyedele

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By Adedapo Adesanya

The Minister of Finance and Coordinating Minister of the Economy, Mr Taiwo Oyedele, yesterday clarified that the federal government is not increasing taxes but making efforts to raise the tax net.

Mr Oyedele made this remark on Thursday while receiving a delegation from the Chartered Institute of Taxation of Nigeria (CITN) at his office in Abuja.

He hailed the institute for introducing a National Tax Awareness Day and for supporting the current tax reforms of the federal government.

The minister charged the institute to double its effort in public enlightenment, stressing that many Nigerians still view taxation as a means for the government to take money from citizens.

He reiterated that the priority of the government is not to increase tax rates but to broaden the tax base by ensuring that all eligible taxpayers meet their obligations.

“We are still not getting enough revenue from taxes.

“It is not about increasing taxes but making sure that those who are supposed to pay taxes. We want to promote fairness in tax administration,” he said.

Nigeria is challenged by the inability to generate adequate revenue from taxation despite ongoing reforms, stressing that a significant number of eligible taxpayers have yet to fulfil their civic obligations.

He said the challenge facing the country was not necessarily about raising tax rates but ensuring that individuals and businesses that ought to pay taxes do so in a fair and transparent system.

The minister also commended the institute for supporting the federal government’s tax reform agenda and promoting public understanding of taxation, but urged it to intensify its advocacy efforts, noting that many Nigerians still harbour misconceptions about taxation.

According to him, many citizens continue to view taxation merely as a tool for the government to take money from the people rather than as a critical instrument for national development.

“We are still not getting enough revenue from taxes. It is not about increasing taxes, but making sure that those who are supposed to pay taxes. We want to promote fairness in tax administration,” he added.

Mr Oyedele stressed that if Nigeria succeeds in building an efficient and equitable tax system, the impact on infrastructure, public services and economic development would be transformative, challenging the institute to introduce annual awards for the country’s most tax-compliant individuals and organisations as a means of encouraging voluntary compliance and recognising responsible taxpayers.

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Economy

Akara, Kulikuli, Roasted Corn Business Not Capital Intensive—Remi Tinubu

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​By Modupe Gbadeyanka

Nigeria’s First Lady, Mrs Oluremi Tinubu, has given Nigerians business advice that may not involve a lot of money to start.

Speaking with newsmen recently, the wife of President Bola Tinubu said businesses like akara (fried bean cake), kulikuli (a crunchy snack from roasted peanuts or groundnuts) and roasted corn can be set up without breaking the bank.

She disclosed that to support her husband’s Renewed Hope agenda, she has provided funding packages to traders and others to the tune of N3.5 billion.

“To start akara business doesn’t take a lot of money. To start roasting corn and kuli-kuli doesn’t take much. We didn’t give them a loan; we gave it to them as a grant,” she stated.

She further said, “We’ve encouraged Nigerians as best as we could, what is within our hands, I have given, and I keep giving. Those are the things we’ve done.”

“I remember giving for TB (tuberculosis) when I heard of many TB cases; I gave N2 billion, to breast cancer, I gave N1 billion, and to [tackle] malnutrition, I gave N500 million.

“These are the things we’ve been doing to assist the government. So, we’ve had impact in agriculture, social investment, education (as scholarship and ICT training) and others. We are still open to doing more,” she disclosed.

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