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
The NASD Over-the-Counter (OTC) Securities Exchange recorded a 0.65 per cent gain on Friday, December 13, boosted by three equities admitted on the trading platform.
On the last trading session of the week, Okitipupa Plc appreciated by N2.70 to settle at N29.74 per share versus Thursday’s closing price of N27.04 per share, FrieslandCampina Wamco Nigeria Plc added N2.49 to end the session at N42.85 per unit compared with the previous day’s N40.36 per unit, and Afriland Properties Plc gained 50 Kobo to close at N16.30 per share, in contrast to the preceding session’s N15.80 per share.
Consequently, the market capitalisation added N6.89 billion to settle at N1.062 trillion compared with the preceding day’s N1.055 trillion and the NASD Unlisted Security Index (NSI) gained 19.66 points to wrap the session at 3,032.16 points compared with 3,012.50 points recorded in the previous session.
Yesterday, the volume of securities traded by investors increased by 171.6 per cent to 1.2 million units from the 447,905 units recorded a day earlier, but the value of shares traded by the market participants declined by 19.3 per cent to N2.4 million from the N3.02 million achieved a day earlier, and the number of deals went down by 14.3 per cent to 18 deals from 21 deals.
At the close of business, Geo-Fluids Plc was the most active stock by volume on a year-to-date basis with a turnover of 1.7 billion units worth N3.9 billion, followed by Okitipupa Plc with the sale of 752.2 million units valued at N7.8 billion, and Afriland Properties Plc with 297.3 million units sold for N5.3 million.
In the same vein, Aradel Holdings Plc remained the most active stock by value on a year-to-date basis with the sale of 108.7 million units for N89.2 billion, trailed by Okitipupa Plc with 752.2 million units valued at N7.8 billion, and Afriland Properties Plc with a turnover of 297.3 million units worth N5.3 billion.
By Adedapo Adesanya
The Naira appreciated further against the United States Dollar at the Nigerian Autonomous Foreign Exchange Market (NAFEM) by N1.50 or 0.09 per cent to close at N1,533.00/$1 on Friday, December 13 versus the N1,534.50/$1 it was transacted on Thursday.
The local currency has continued to benefit from the Electronic Foreign Exchange Matching System (EFEMS) introduced by the Central Bank of Nigeria (CBN) this month.
The implementation of the forex system comes with diverse implications for all segments of the financial markets that deal with FX, including the rebound in the value of the Naira across markets.
The system instantly reflects data on all FX transactions conducted in the interbank market and approved by the CBN.
Market analysts say the publication of real-time prices and buy-sell orders data from this system has lent support to the Naira in the official market and tackled speculation.
In the official market yesterday, the domestic currency improved its value against the Pound Sterling by N12.58 to wrap the session at N1,942.19/£1 compared with the previous day’s N1,954.77/£1 and against the Euro, it gained N2.44 to close at N1,612.85/€1 versus Thursday’s closing price of N1,610.41/€1.
At the black market, the Nigerian Naira appreciated against the greenback on Friday by N30 to sell for N1,650/$1 compared with the preceding session’s value of N1,680/$1.
Meanwhile, the cryptocurrency market was largely positive as investors banked on recent signals, including fresh support from US President-elect, Mr Donald Trump, as well as interest rate cuts by the European Central Bank (ECB).
Ripple (XRP) added 7.3 per cent to sell at $2.49, Binance Coin (BNB) rose by 3.5 per cent to $728.28, Cardano (ADA) expanded by 2.4 per cent to trade at $1.11, Litecoin (LTC) increased by 2.3 per cent to $122.56, Bitcoin (BTC) gained 1.9 per cent to settle at $101,766.17, Dogecoin (DOGE) jumped by 1.2 per cent to $0.4064, Solana (SOL) soared by 0.7 per cent to $226.15 and Ethereum (ETH) advanced by 0.6 per cent to $3,925.35, while the US Dollar Tether (USDT) and the US Dollar Coin (USDC) remained unchanged at $1.00 each.
By Dipo Olowookere
For the fourth consecutive trading session, the Nigerian Exchange (NGX) Limited closed higher on Friday by 0.63 per cent on sustained renewed buying pressure.
Apart from the energy and industrial goods sectors which closed flat, every other sector ended in the green territory, according to data obtained from the bourse.
Business Post reports that the insurance index appreciated by 1.52 per cent, the banking space improved by 0.63 per cent, and the consumer goods counter expanded by 0.46 per cent.
As a result, the All-Share Index (ASI) gained 617.47 points to settle at 99,378.06 points compared with the preceding day’s 98,760.59 points and the market capitalisation went up by 375 billion to close at N60.242 trillion, in contrast to Thursday’s closing value of N59.867 trillion.
The volume of transactions on Customs Street yesterday grew by 11.13 per cent to 544.2 million shares from the 489.7 million shares transacted a day earlier.
The value of transactions increased during the session by 49.30 per cent to N10.6 billion from N7.1 billion and the number of deals went up by 1.93 per cent to 8,464 deals from the 8,304 deals posted in the previous trading session.
The busiest equity for the trading day was Japaul with the sale of 71.7 million units valued at N158.0 million, eTranzact exchanged 70.7 million units worth N477.5 million, Tantalizers sold 57.3 million units for N101.2 million, FCMB traded 33.0 million units worth N297.3 million, and Universal Insurance transacted 27.1 million units valued at N9.6 million.
A total of 36 stocks ended on the gainers’ chart, while 15 stocks finished on the losers’ table, indicating a positive market breadth index and strong investor sentiment.
The trio of Aradel Holdings, Ikeja Hotel and Caverton gained 10.00 per cent each to trade at N550.00, N8.80, and N1.98, respectively, as Africa Prudential rose by 9.87 per cent to N17.25 and Golden Guinea Breweries soared by 9.64 per cent to N8.64.
On the flip side, Austin Laz lost 10.00 per cent to close at N1.62, ABC Transport crashed by 8.00 per cent to N1.15, Royal Exchange slumped by 7.69 per cent to 60 Kobo, Secure Electronic Technology plunged by 5.26 per cent to 54 Kobo, and The Initiates crumbled by 4.26 per cent to N2.25.
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