Ifeanyi Uba, the controversial owner of Capital Oil and Gas, now
regarded as the largest beneficiary of the multi-billion fuel subsidy
scam, led a small band of company staff to rip the nation of several
billions of naira through falsification and forgery, a police report
into the scheme says.
The Special Fraud Unit-authored report, obtained by PREMIUM TIMES,
affirms in part, earlier accusations of large scale fraud brought
against Capital Oil and its management by the Presidential Committee on
Verification and Reconciliation of Fuel Subsidy Payments.
But the
report also provides new details about a scheme that blossomed for
years, involving several oil importing companies that made similar
receipts, while draining the nation of hundreds of billions naira in
2011.
The presidential panel identified 25 companies that
allegedly, through multiple fraudulent ploys, received
payments for fuel
products they never delivered.
But the panel’s composition- with
Aigboje Aig-Imoukhuede, Managing Director of Access Bank, the scheme’s
major financier, as chairman- drew criticisms with many citing a
potential conflict of interest in the committee’s work.
The panel
listed Capital Oil and Gas as the number one amongst the fraudulent
firms, sparking months of wide-ranging controversies between Mr. Uba and
the committee.
Mr. Uba has accused Mr. Aig-Imoukhuede of bias,
claiming Capital Oil was “witch-hunted” over a failed business pact it
undertook with Mr. Aig-Imoukhuede.
The case remains in court, and
at Mr. Uba’s behest, the House of Representatives Petitions committee is
also reviewing the allegations.
The police report
The
23-page report by the Police Special Fraud Unit, dated November 5,
2012, said Capital oil received N43.291 billion for a supposed
importation of 538.74 million liters of fuel, through fabrication and
forgery of documents.
Vital import and clearance documents
including Import duty certifications, Bill of Lading, Letters of
Credit/form Ms and others were faked with the connivance of officials of
the Department of Petroleum Resources, DPR, Petroleum Products Pricing
Regulatory Agency, PPPRA, Nigerian Ports Authority, NPA, Nigerian
Maritime Administration and Safety Administration, NIMASA, bank
officials and other port clearing agents, police said.
The PPPRA was singled out for scathing criticisms.
The
report said besides implementing terribly lax regulations, officials of
PPRA, whose board is chaired by Ahmadu Ali, the former chairman of the
ruling People’s Democratic Party, PDP, colluded to forge papers to clear
Capital Oil.
An earlier investigation by the House of
Representatives into the subsidy fraud recommended Mr. Ali’s removal and
prosecution. Mr. Ali has retained his post despite the indictments
being passed to the executive.
The key actors in the Capital Oil
scheme were Mr. Ubah; the company’s Executive Director for Operations,
Orji Joseph; the General Manager Operations, Chibuzor Ogbuokiri; the
Depot Manager, Godfrey Okorie; and the Head of Training, Nsikan Usoro.
The police report said all the accused persons and officials from all the named government agencies were questioned.
Those
interrogated were asked questions related to sourcing of documents,
canal channel depths/width and storage capacity of their tank farms,
retail outlets invoices and trucking activities from the tank farms.
The
SFU however said investigations were continuing, and efforts were being
invested to establish criminal liabilities against the officials of
Capital Oil and Gas Limited, and others who conspired in fabricating
documents.
“We have requested certified copies of all letters of
credit, bills of lading covering PMS cargoes brought by Capital Oil and
Gas,” the report said. “All these documents are needed to consolidate
our proof of evidence. Investigation is ongoing to unravel all criminal
infractions in the transactions, the report emphasized.”
The
documents will enable case of conspiracy to commit felony, money
laundering, forgery, stealing, obtaining by false pretence and economic
sabotage to be filed against Capital Oil and Gas, Mr. Uba and the rest,
the police said.
The Access bank connection
The report also indicted the bankers of Capital oil, saying they were complicit in the deals.
“These
cloudy transactions of Capital Oil and Gas Limited was anchored on
credit facilities provided by the bankers, which make the banks party to
the transactions as original copies of the bills of lading were kept by
banks as consignees of the cargoes, also proceeds of this fraudulent
act were domiciled in banks,” the reports adds.
The report
confirms earlier PREMIUM TIMES stories of how bank officials allowed
their banks to be used to illegally receive billions of subsidy funds.
Mr. Aig-Imoukhuede’s ACCESS Bank financed a large chunk of the subsidy imports including those of Capital oil.
With
more than a month since the completion of the document, it is not clear
to what extent the police final investigation has reached.
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