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EFCC Report On Atiku
September 5, 2006
Your Excellency’s attention is being drawn to the request made by the United State Attorney’s Office, Department of Justice via a letter Ref: MEW:DPW:KDL:AV 1 File 182.23818 dated June 22, 2006. The US Attorney’s office requests for certain investigations to be carried out by the EFCC with regards to a business venture involving iGATE an American company and NDTV, a Nigerian company. Pursuant to this request I caused an in-depth investigation to be conducted. I append below a detailed report of the investigation as follows:-
FACTS: The United States Attorney’s office for the Eastern District of Virginia, The United State Department of Justice, Criminal Division, Fraud Section, and the Federal Bureau of investigation (FBI) are investigating possible violations of federal law, including offences involving bribery of public officials, wire fraud (depravation of honest services and scheme to defraud), bribery of a foreign public official and conspiracy.
The US Central Authority request that Nigerian Authority locates and provides the documents and information on some government officials/institutions, private companies and individuals in relation to the official acts of the congressman in promoting US business ventures in Africa as its relate to IGate/ NDTV business venture, iGate/Rosecom among others. The request of information revolves around the following individuals and companies.
S/N Full Name
1 Atiku Abubakar
2 Otumba Fashawe
3 Vernon Jackson
4 Maureen Scurry a.k.a Maureen Edu
7 Life Energy Technology Holdings (LETH)
8 TDC Oversees
9 Arkel Sugar
10 Arkel International
12 ANJ Group
13 W2-IBBS, Limited
14 Diverse Communication
15 Global Energy& Environmental Services
16 Jefferson Interest Inc
17 IBILE Holdings Limited
18 International Broadband Services, Limited
19 William Jefferson
20 Andrea Jefferson
21 Jamila Jefferson
22 Jalilah E. Jefferson
23 Nailah A. Jefferson
24 Jelani F. Jefferson
25 Akilah A. Jefferson
26 Tory Bullock
27 Philips Jones, Jr
28 Mose Jefferson
29 Bennie Jefferson
30 Archie Jefferson
31 Coy related to the above
The Requests are as Follows:
Provide U.S. Law enforcement authorities whatever information the government of Nigeria may have with respect to the witnesses including employment history, history of travel outside Nigeria, criminal history and other biographical information. In addition, please permit U.S law enforcement authorities, including the prosecutors and agents who will travel to Nigeria, to communicate directly with the lead investigator in Nigeria involved in collecting this information.
Provide the certified copies of the listed documents, records and articles of evidence stated below:
a. Any and all documents in the possession of NDTV and its present or former officers, employees, or representative (including, but not limited to, Otunba Oyewole Fashawe, Ahmed Vanderpuije, Dumebi Kachikwu) relating to or involving some of the above listed individuals and entities
b. Any and all documents in the possession of any Nigeria public official or agency- including but not limited to the Nigerian Communications Commission, Ministry of Communications, Nigerian Embassy to the United States, Nitel, and the Managing Director of Nitel- relating to or involving some of the above listed individuals and entities
c. Correspondences between United States Congressman Williams Jefferson and Vice President Alhaji Atiku Abubakar relating to any U.S. based business venture in Nigeria
d. Correspondences between United States Congressman Williams Jefferson and Jamilah Jennifer Atiku- Abubakar , wife of Vice President Alhaji Atiku Abubakar, relating to any U.S. based business ventures in Nigeria
e. Correspondence between IGate, including its officers and representatives and Vice President Alhaji Atiku Abubakar and any other Nigerian Public official
f. Correspondence between NDTV, including its officers and representatives and Vice President Alhaji Atiku Abubakar and any other Nigerian public official
g. Correspondence between Atiku Abubakar (or any of his subordinates or representatives), and any government official or agency, including Nitel, relating to some of the above listed individuals and entities
h. Any and all documents in the possession of Rosecom.Net and its present or former officers, employees, or representatives ( including Suleiman Yahyah) and any Nigerian public official or agency ( including Nitel and its officials, employees or representatives) relating to business ventures involving iGate or W2-IBBS Limited
i.Any and all records and documents relating to any concessions for petroleum products transferred to some of the listed individuals or entities
j.Toll records from January 2001 to the present for telephone 23410803504000, which number has been used or subscribed by Atonte Diete –Spiff
k. Any and all documents in the possession of the Nigerian Embassy in the United States related to any travel to Nigeria by Congressman Williams Jefferson in connection with U.S. business ventures in Nigeria, including, but not limited to
l. Records from the Sheraton Hotel & Towers related to the stay of Congressman William Jefferson, Vernon Jackson, and any other party affiliated with Jefferson and Jackson during the February, 2004 trip
m. Records from the Sheraton Hotel & Towers related to the stay of Congressman William Jefferson, Vernon Jackson, Patrick Gerdes, Adolfo Lambaren, BK Son, and any other party affiliated with Jefferson and Jackson during the May, 2004 trip
n. Records and filing relating to some of the listed entities. The requested documents include, but are not limited to company formation documents, shareholder documents, ownership record, management documents, documents relating to payment of fees related to company filings, and any other company information. The request was particular on Diverse Communications Limited, a company associated with William J. Jefferson through which he was to collect kickback in form of percentage of profit for his official act in respect of NDTV / IGate deal
o. Bank records of accounts held by Ahmed Vanderpuije, Otumba Fashawe NDTV, and Dumebi Kachiku from January, 2003 to present, including, but not limited to, accounts held in Trans International Bank, Transcontinental Bank, Citizen International Bank, Standard Trust Bank, and Continental Trust bank
p. Bank records relating to any payment or transfer of funds from the Petroleum Trust Development Fund to any accounts held by NDTV, Vanderpuije, Fashawe and Kachiku (including but not limited to any accounts held at the Trans International Bank)
q. Bank records relating to any payment or transfer of funds from PTDF for or on behalf of NDTV, Ahmed Vanderpuije, Otumba Fashawe, or Dumebi Kachikwu, to any accounts held by some listed entities and individuals
r. Bank records of accounts held by Hajiya Aisha M. Buhari from January, 2001, to present, including, but not limited to, accounts at Citizen International Bank, Plot 130, Ahmadu Bello Way, Victoria Island, Lagos, Nigeria. The bank records should include documents relating to any wire transfers of $10,000 or more
s.Bank Records of accounts held by Maureen Scurry, also known as Maureen Edu, from January, 2003 to the present.
t. Bank Records of accounts held by Atonte-Diete Spiff and /or Providence International from January 2001, to present, including, but not limited to, account at FSB International Bank, 23 Awolowo Road, Ikoyi Lagos; Pacific Bank Limited Lagos; Eagle Bank Limited Lagos.
u. Bank records held by Allison K. Anadi from January 2001 to present including but not limited to, accounts at Assurance Bank. The bank records should include documents relating to wire transfer of $5,000 or more.
v. Bank records for any account held by listed companies from the date of the opening of any such accounts to the present.
w. Property transfer records and loan/mortgage records (including applications, correspondences, and documents referring to collateral or security for the loan) relating to the purchase of plot 555 Adetokumbo Ademola Crescent Wuse II Abuja (Location of NDTV office).
x. Correspondences and communication (electronic or otherwise) between officials, agents, or employees of standard Trust Bank and Maureen Scurry, also known as Maureen Edu, related to financing on behalf of NDTV and/ or IGate.
INVESTIGATION: On the strength of the request a team of detectives was detailed to investigate the matter with a view to gathering information and documents in respect of the request. Government Ministries, Parastatals and Agencies affected were contacted while some witnesses identified in the request were invited and they volunteered statements. A run down of our checks in the Government agencies, banks, hotels and telecom firms is as follows:
i. Petroleum Technology Development Fund (PTDF): Requesting for all correspondences and any other information relating to payments made to NDTV, individuals or Banks in connection with the U.S Business Venture in Nigeria. Our investigation revealed that the funds approved for the PTDF operations across the country were diverted to some banks namely Equitorial Trust Bank and International Bank for various placements at different interest rates over a period of time. These placements were made pursuant to an approval sought by the PTDF Executive Secretary Y.H Abubakar from the Vice President in whose office, the supervision of the PTDF lies. The investigation further revealed that these placements were made in these banks for purpose not unconnected with promoting some personal businesses which coincided with the placements. These businesses were the roll out of Globacom and the Netlink Digital Television (NDTV) project with a US based Technology vendor called iGate. This revelation led to extending the tentacles of this enquiry to such agencies as Nigerian Communication Commission and Cooperate Affairs Commission with a view to unraveling the individuals and entities behind the establishment of said Telecom Company and the NDTV.
ii. Ministry of Foreign Affairs: Requesting for all documents in the possession of the Nigerian Embassy in the United States relating to any travel to Nigeria by Congressman Williams Jefferson in connection with U.S. business ventures in Nigeria and other documents in possession of the embassy relating to any individuals or entities as contained in the letter of request. Their response is still being awaited.
iii. Bureau of Public Enterprises: Requesting to forward all documents in their possession relating or involving the companies/ individuals listed in the request: Response to our letter showed that the bureau only has information on Ibile Holdings Limited and Conpetro, the winning bidder for the sale of shares of National Oil and Chemical Marketting. Conpetro, Globacom and ETB are companies owned by Mike Adenuga.
iv. Nigeria National Petroleum Corporation (NNPC): Requesting for all records and documents relating to any concession for petroleum products to any of the individuals/entities contained in the request. The response to this request is still being awaited.
v. Nigerian Communications Commission (NCC): Requesting for all correspondences and any other information with/relating to the entities/ individuals contained in the request whose response showed that only NDTV, Globacom and Rosecom.Net featured in their records. Our enquiry on the Globacom’s equity structure showed that the shareholders of the company are Conoil 51%, Alhaji G. Subair 24%, Festus Okechukwu Igbomor 12.5% and Babatunde Akinyera 12.5%. Further enquiry conducted on the address of the shareholders however revealed that Alhaji Subair’s given address at 2/3 Dawaki Road, Kaduna was traced to a property where Mohammed Badamasi Babangida, the first son to the former military President, Ibrahim Badamasi Babangida was found to be the owner. This led to his invitation to the Commission where he was interviewed and volunteered statement.
vi. Corporate Affair Commission (CAC): Requesting for particulars of registration, names of directors and their addresses, shareholding structure and bankers, documents relating to payments of fees and records of filings on the companies related to individuals mentioned in the request. Response received revealed that only Rosecom.Net, Diverse Communication and W2 IBBS, Ibile Holdings Limited and Globacom were registered with CAC
vii. Supreme Court/Nigeria Bar Association: Requesting for details in respect of the two lawyers that incorporated Diverse Communication as featured in the response from CAC. We are still awaiting response.
Letters were written to all the 25 banks in the country requesting for the general details required. While much has been achieved in this regard we are still expecting information from other banks on the request. Specific letters were also written to some identified banks on NDTV, Ahmed Vanderpuije, Fashawe, Kachikwu, Hajiya Aisha Buhari, Maureen Scurry, Atonte-Diete Spiff/ Providence International, Allison K. Anadi. Information on property transfer records and loan/mortgage records was also sought from FCDA and TIB on NDTV office at plot 555 Adetokumbo Ademola Crescent.
Some issues were raised as a result of the investigation we carried out following the request as mentioned above. These issues include:
• What informed the Vice President’s approval for the placement of $125m PTDF approved funds into ETB and TIB.
•The unilateral approval of additional $20m by the Vice President to PTDF and its subsequent placements in TIB, there negating the purpose for which the funds were applied for.
˙ The allegation of meetings held between the Vice President, Otunba Mike Adenuga and Hamisu Y. Abubakar (Mairago) in the VP’s office/residence prior to the placements.
˙ The procedure guiding the approval of funds for PTDF as regards the VP’s supervisory role on PTDF and host of others.
This led to writing to the Vice President for his response which he ultimately obliged by replying to the Commission.
Letters have already been dispatched to the affected State Governors soliciting their cooperation as regards Arkel Sugar and Arkel International two US companies that are said to be involved in businesses in Akwa Ibom and Jigawa States
We have however received Bank records from Assurance Bank held by Allison K. Anadi from January 2001 to date, but we are still awaiting the bank records relating to wire transfer of $5,000 or more
Statements volunteered by some the witnesses/suspects identified in the request are summarized thus:
He is the branch manger of Trans International Bank who was the account officer of NDTV and who was a party to the meeting between NDTV officers and Maureen Scurry formerly of EX-IM Bank and whose bank advance facility to NDTV for the business deal with iGate. He stated that the NDTV project was to be funded by the TIB through loan finance to Otunba Fasawe against a further loan to be provided by EXIM bank of U.S.A. He further stated that a counterpart funding of $6.5million was to be paid by NDTV, while EXIM was expected to finance the $38million. He further narrated that PTDF is a deposit customer of the bank where some$30million was placed with them. As for opening the NDTV account at TIB in 2002, and the bank became interested in the project because of the letter of interest by the U.S Exim Bank to finance 85% of the project while Sofitel Inc Ltd, a U.S bank agreed to re-finance the remaining 15%. He narrated that out of the N400 Million granted to NDTV, $1.5 Million was transferred to iGate while the sum of N170 Million was utilized in purchasing the project house. He pointed out that a sum of $6.5M was transferred to iGate of which the company agreed to pay the sum of $4 Million when the deal collapses and up till date only $1.7M had been repaid by the company. He noted that though the sum of $5 Million was remitted in Jan 2004 to IGate when the PTDF funds came in, the bank as at then was highly liquid. He also noted that in the course of the project he had meeting with Maureen Edu (Scurry) who was introduced to him as consultant to the project and as an ex-staff of Exim U.S bank. He further stated that she was to facilitate the loan facility from Exim U.S bank in conjunction with Sofitel Inc. Ltd and she was paid a sum of $100,000M as part of her fee. He stated that NDTV also paid SOFITEL INCORPORATED a commitment fee of US$133, 680.00 and US$40, 312 for their role in the deal while the sum of $500,000 was made to Law offices of Jean Michel Malek P.C also in relation to the deal? He denied attending any meeting where bribery, commission or interest was discussed in respect of the project. He also denied knowing any Jefferson’s relations or any individual Otumba is fronting for.
He is the chairman of NDTV and the chief promoter of the IGate deal while other directors of the company are Ahmed Vanderpuije and Mr. Ted Hazeldine. He admitted that NDTV collected loan from TIB to finance the iGate deal at the time PTDF deposited funds with TIB as deposit and the loan was secured by his personal guarantee and NDTV building at No, 555 Adetokunbo Ademola Crescent, Abuja. He said his group, NDTV first met with Hon. W. Jefferson during the SULLIVAN summit in Abuja where he promised to give them Information Technology outfit to work with. The meeting was started in London, when Mr. Jefferson presented a technology group called iGate incorporated. He stated that as part of the agreement, NDTV first remitted $1.5million to iGate Inc, while the remaining balance of $5 million was later remitted through the TIB. He further narrated that when there was a breakdown in agreement, they demanded for their money to be refunded and that iGate only returned $1.7 Million which was paid back to TIB as part of the repayment for the loan. He stated that they visited U.S Exim Bank in Washington after they were given a letter of interest to support their NDTV project. He added that he is the NDTV Chairman and that he only assisted Scurry on humanitarian ground because her junior brother was having cancer. He said all funds sent to SOFITEL were professional fees. He lastly appealed to EFCC to help him chase iGate to return the remaining $4.7M. He stated that if there was any kick back given to anybody it would come out in the course of investigation. That he does not front for anybody except his humble self.
MRS MAUREEN EDU ‘F’:
Born on 25/09/66 in Umuahia, Imo State. She is a native of Umunya, Oyi Local Government Area of Anambra State. A holder of Bsc. Political Science from University of Jos in 1987. Also has an MBA Degree from University of Wales, Cardiff Business School USA in 1993. That she worked with U.S Export-Import Bank Washington DC from 2000 to 5th October, 2004 when she retired. That she joined the bank with the names of Maureen Scurry as Business Development Specialist on sub Sahara Africa. She mentioned that her work included among others helping to educate both Africa and America business on how to use Exim-Bank guarantees and insurance policies to facilitate the export of US goods and services. She mentioned that she visited many countries in Africa, including Nigeria in her capacity as an official of Exim-Bank. She further narrated that although Exim Bank recorded a lot of successes in Nigeria, there were several potential applications which never resulted in transaction or application to the bank. And this included NDTV, Bellview airlines, and a power plant project in Delta etc. Mrs. Maureen Edu narrated that sometimes in mid-2003; Congressman Jefferson called or emailed her requesting a meeting with Exim Bank to discuss a private transaction in Nigeria, involving a U.S based Technology Company called Igate. That she arranged for the meeting, which was led by the Exim-Bank’s Board member, Mr. Joe Grandmaison she was at the meeting. Others, who were in attendance, included Congressman Jefferson, Mr. Jackson from Igate. She said a second meeting on NDTV was made in the Bank and those present were Igate staff, NDTV chairman, Mr. Otunba Fasawe and Chief CEO, Mr. Ahmed vanderpuije as well as a gentleman from Senegal whom she could not remember if he was from Igate or was independent but could not recall specific duties. She recalled during the first meeting, it was a high level one, where Congressman Jefferson introduced Igate to the Bank. She said the second meeting was more of a staff level meeting, which allowed for detailed discussion and guidance by her on what the process would be to submit an application, which is loan application to Exim Bank. She added that she visited Nigeria during the first quarter of 2004, among others scheduled a meeting with NDTV in Abuja. The meeting included the Chairman Mr. Otunba Fasawe and probably someone from a local bank with Headquarters in Ibadan. She said NDTV had started several discussions with U.S banks, including small African institutions in Washington DC called Allfirst and Sofitel capital. She said NDTV did not pay any fees to Exim bank in connection with the transaction since no application was made, up till October 2004 when she left the bank. But she added that in the first few months of 2004, Otunba Fasawe gave her a gift of cash in the amount of $100,000.00 approximately which was paid into her account at Citibank Washington, DC. She said Otunba Fasawe sent the monetary gift to her through his company account, NDTV, and at that time she was still with Exim bank in the first few months of 2004 and resigned in October same year. She added that Otunba Fasawe was like a father, whom she made several appeals in person and on phone to assist her because of the financial problems she along with her family encountered as a result of the cancer disease of her brother.
MR. DUMEBI KACHIKWU ‘M’:
Born on 20/12/73. He attended Universities of Benin in Nigeria and York in Canada. He owns Netlink Technologies and Netlink Petroleum. He was once a Director in Netlink Digital Television, NDTV, which he incorporated several years ago. He said as he was doing that, Ahmed Vanderpuije approached him in London that he too was interested in investing in the company, who later introduced him to Otunba Fasawe who also showed his interest in the investment. He later left the Company when he saw that the objective of setting up the company has not been met. That the shareholding of NDTV was as follows: Otuba Fasawe 20%, Ahmed vanderpuije 20%, Dumebi Kachikwu 20%, Kites International Holdings an offshore Company belonging to him and Ahmed Vanderpuije 20%. That the Kite holdings were 50/50% between him and Ahmed respectively. He said, they had negotiated with equipment vendors in Europe and South Africa, when Congressman Jefferson said he had a technology and promised to introduce them to Vernon Jackson of Igate that they later signed a Memorandum of Understanding (MOU) with Igate, where it was arranged that Igate will provide them with initial roll-out and they subsequently paid $6.5 million to Igate. But to his greatest surprise argument ensued between Igate and NDTV over payment terms and refused to proceed with the project. He continued that it was at this stage that he parted ways with his partners. He stated that he first met Williams Jefferson at Sullivan Summit in Nigeria and had about three meetings with him thereafter, one in London and two in Nigeria. Concerning financial matters in NDTV, he stated that apart from technical aspect of the project he has no input. That Fasawe and Vanderpuije were in charge of all the finances in NDTV but that he is aware that they sought for loan from U.S Exim-Bank.
He is the Protocol Liaison Officer to the Vice President Atiku Abubakar since June 1999. He stated that at about 3.0am of 31/7/05 he received a call in his hotel, Marriot Suites, Bethesda Maryland, from the receptionist introducing a lady who brought a message from Congressman Jefferson for the Vice – president. The lady was introduced to him as the legislative assistant to the congressman. He further stated that he collected the message which was in envelop sealed and marked confidential with CAPITOL HILL- USA CONGRESS written on it. He added that that he handed over the letter to his colleague Umar Pariya around 5am for delivery to the Vice President because he had to travel to London that day.
ALBERT JULDE MASHI:
He is the Managing Director of Nitel. He stated that on July 26, 2005 he received a letter from the office of the Hon. Minister of Communication forwarding letter from Congressman Jefferson to Vice president Atiku Abubakar on the need to use iGate technology in Nitel’s exchanges through it Nigerian partner – Rosecom.Net. He further stated that they replied the letter communicating that Nitel is already offering IP wholesale and cannot therefore partner with any company unless the company agrees to use the technology that NITEL has already acquired from ZTE. He concluded that nobody prompted him to reconsider Rosecom.net business. He also said that he did not receive any sample of approval to co-locate iGate/Rosecom technology in Nitel and neither did he receive any correspondences from any official of iGate, Jefferson and Rosecom.net on the need for iGate to co-locate its Dslam with Nitel. He also said that he has no personal relationship with Alhaji Yahyah of Rosecom.
He is the chairman and CEO of Rosecom.Net and is behind all the deals between iGate and Rosecom.Net. He stated that Rosecom relationship with iGate started in June 2004 when he visited UK and the US under the sponsorship of Investment and Security Tribunal to explain to Congressmen, among other US agencies. He stated that he was received by Jefferson and three other Congressmen while in America and it was during their meeting that they exchanged cards with Jefferson who became interested in his line of business and arranged for a meeting where they discussed the iGate deal and he was introduced to Mr. Jackson the President of the company. He continued that initially iGate agreed to sell the technology to Rosecom but later requested for a joint venture agreement. He also stated that in one of their meeting in August 2004 when they introduced the Joint Venture Company to him, Lori Mordi, Brett Pfeffer, Williams Jefferson were all present which was held in the law office of Jones Walker. He narrated that Jamila Jefferson, daughter to Jefferson and a staff of Jones Walker, was present as iGate attorney. They also had another meeting at Kentucky in May 2005 with Williams Jefferson and Vernon Jackson on the need to sign the draft agreement. He however said that they have not signed any agreement with Igate/w2IBBs because they refused to sign their portion of the agreement. He stated that Rosecom had to agree to the Nitel offer to stay in the business and because he started to have some reservations about the whole deal because the equipment did not obtain the US Federal Communications Commission’s approval. He further stated that the business failed because of their reservation and when iGate requested for advance payment of about $350,000, which they refused, without any commitment on their part. He stated that Nitel gave Rosecom.Net an offer on 29/4/05 for internet services but it did not include co-location of technology in Nitel exchange though there was a provision for that. He pointed out that Nitel later offered him another contract which was totally different from the first, completely ignoring the issue of co-locating technology in their exchange and that because of this, their partners Igate/W@-IBB2 became worried that Nitel will not use their technology leading to the Jefferson letter to Vice President Atiku Abubakar requesting that he use his influence to make Nitel rescind their decision. On the issue of the letter to Vice President he recalled that sometimes in mid 2005 he called Jackson on a different issue and Jackson told him that Jefferson had written a letter to Vice President to rescue the Roecom/Nitel deal. He said that after the letter was faxed to him he immediately called Jefferson, voicing his objection on writing that Rosecom is a small telecommunication company and that Rosecom was not consulted before writing the letter. He said Jefferson told him that the letter to Vice President is a private business between him and the Vice President. He finally stated that he is not aware of any issue of payment of 25% of his expected profit to anybody and that there was even no reason for the payment.
MUHAMMED N. HARUNA:
He is Deputy Director in the Ministry of Communication in charge of Planning and Monitoring. He stated that on July 25/ 2005 he received a letter from the office of the Vice President forwarding a letter addressed to the Vice President by Congressman Jefferson for delivery to Nitel. He stated that on receipt of the letter he immediately wrote to the Managing Director requesting for his reaction. He stated that the Managing Director responded on 10/8/05 and on the strength of that he wrote to the Deputy Chief of Staff to the Vice President to the effect that there is no subsisting agreement between Nitel and Rosecom.Net for co-location of iGate technology. He stated further that he had never met anybody whether Nigerian or foreigner on the matter apart from correspondences and that he does not know Williams Jefferson and that he has no business with Suleiman Yahyah of Rosecom except in respect of a lease his company, Madeira properties, won for the lease of NIPOST post office project at Maitama on a Build, Operate and Transfer (BOT), awarded by the Ministry’s Tenders Board which he was the secretary.
OTUNBA MIKE ADENUGA (JR) ‘M’:
He was born on 29/04/53 at Ibadan. He is a businessman that presides over a number of companies. Amongst his Companies is Conoil, which he acquired through the privatization of National Oil by the Bureau for Public Enterprises (BPE). He claimed to have paid the sum of N7Billion for the purchase of the National Oil in year 2000. He also said that the Directors of Conoil are himself and some of his Indian partners’ from India Petroleum. Engineer Tychus who is the Managing Director, Dr Banigo, representing public interest, Chief Adegbola, his In-Law and Mr. Ike Orakwofu. He reiterated that the N7Billion used in purchasing National Oil - (Conoil) was sourced from long time savings from business e.g. banking, oil exploration and trading. He further narrated that, he knows one Jeffrey Tesler through one Mr. Femi Akinrinade in 1977 in London. That he had never received any money from any Multinational Company through the said Jeffrey Tesler and never involved in any activities with him talk-less of helping him to secure a loan of $700 Million for Conoil. He said that Jeffrey Tesler is only his external lawyer. He consults him from time to time to give him legal advice on agreements. His relationship with the Vice President Alhaji Atiku Abubakar is purely on friendship basis. That he had never given any money to the Vice President, Alhaji Atiku Abubakar and does not have any business relationship with him. With regards to Globacom, Mr. Mike Adenuga mentioned that, he bidded with other companies in January, 2001 after paying a non-refundable deposit of US$20Million and the balance on the closing date with a condition, but Nigerian Communication Commission, NCC, cancelled the license because it was said that they did not meet the deadline. When the second National Carrier was advertised he put up bid under the name Globacom in 2002, which he won and in August 2003 the service was launched. He further claimed that the financing was a non-refundable $20Million and this was sourced from family and other businesses. The financing of the balance, $180million was done by BNP Paribas of Paris under the agreement that it was to be repaid in 36 months. However, this loan was granted in the name of Conoil Producing of which he is the Sole Signatory. He also stated that he got a facility from Alkatel, a major Telecommunication equipment company for the supply of equipments for the roll out. He narrated that they initially took a loan facility of $180 Million and subsequently taken additional trances of 4 or 5 facilities from same BNP and it is still on going. They used Equatorial Trust Bank as reference for the loan. That he is the major Director of Globacom and the other Directors are his immediate family members. That he have been paying his dues/assessment to NCC on an on going basis. He explained that the Alkatel facility is a subordinated facility to BNP Paribas facility.
On the issue of Equitorial Trust Bank, ETB and Petroleum Technology Development Funds, PTDF he explained that he came to understand that ETB was marketing for PTDF funds and he requested for telephone numbers of the Executive Secretary of PDTF - Mr. Yusuf H. Abubakar. He eventually met him in the Vice President’s house and mentioned it to Vice President. Subsequently funds were deposited into the bank by PTDF. He claimed that both the principal and the interest accrued to the fund have been paid back to PTDF. He equally mentioned that he had seen Yusuf Hamisu in the V.P’s house, in the past without knowing him to be the Executive Secretary of PTDF. During this period, Hamisu requested for one of his close relations to be appointed a dealer of Conoil Plc. He obliged the request and introduced him to the Managing Director of Conoil. He claimed that he is not aware whether Hamisu is currently a transporter as he could have secured this without his knowledge. He declared that he has 4 Company accounts, viz: Globacom Ltd, Conoil Producing, Conoil Marketing and Vidlink accounts, and has about 24 properties within Lagos, Ibadan, Ijebu and Abuja.
NDA YAKUBU ‘M’:
He is a civil servant formerly working in the Accountant General’s Office, as Deputy Director –Special Duties, now with FIRS as Director of Finance. He stated that his schedule of duties then included preparing technical papers for AGF, reconciliation of Federal Reserves and Clearance of Banks for Federal Government Ministries and Agencies. A chartered accountant by profession and the author of a book entitled: Nigerian Laws on Public Finances. The book project account is owned by Transveri Services Ltd, his publishers. Signatories to the account are the publisher and himself. The publication of the book cost about $110,000:00. He continued by stating that as a result of the current problem with Trans-International Bank, TIB leading to the trap of the proceeds of the book, temporary arrangement were put in place to lodge the proceeds through Africa International College’s account with Assurance Bank. He denied being involved in Money Laundering. He further stated that he bought a duplex at Gaduwa Housing Estate, Abuja from the Ministry of Housing, at N13, 500,000.00. He stated that he earns income from salaries, travel estacodes from International journeys on official assignment and proceeds from sale of books. He also stated that he operates two foreign accounts namely: Wellforgo Bank in Los Angeles for his music proceeds, and chase J.P. Morgan bank, New York. He stated that he had returned the sum of $9,950 out of the $110,000 used by Transveri Services Ltd in publishing his books. He promised to liquidate the balance by the end of February, 2006 at N2m every month. He explained that request for funds by Petroleum Development Fund, PTDF is made to the Presidency which is its supervisory body. Upon the approval by the President, the Minister of Finance is then advised and in turn passes the approval to the office of the Accountant General, OAGF, of the Federation who processes the payment. He said the OAGF would routinely check the source of funding and would prepare payment instruction called the MANDATE to the Central Bank of Nigeria, CBN, in favor of PTDF with all the banker’s particulars. And what PTDF does with its funds is not subject of direct supervision by OAGF according to him. He further explained that he had no role in initiating request, approval and disbursement of funds at any point and for any organization, including the PTDF. He stated that his relationship with PTDF like any other government agency that is funded by the Federal Government are in two folds, one is the clearance process of the retail banking relationship with commercial banks, and the approval is by the AGF. The other is checking process of mandate before the AGF counter signs. This involved checking the approval, the beneficiary’s account particulars against the contents of the mandate. However, he said his checking of the mandate does not include checking the source of funding or the balance left in the account from where the payment is made. He said the approval for release of funds to PTDF would normally be by Mr. President and in some cases the Vice President. He added that the payment process is done by the OAGF upon receipt of approval of the presidency through the Hon. Minister of Finance and would not wait for Federal Executive Council ratification. He said to the best of his knowledge and understanding, all approvals in favor of the PTDF are made by Mr. President and when the Vice President’s approval is seen on the document for payment, it is assumed that he either does so in the absence of the President or under the authority of the President. He said the release of the copy of a mandate for $20Million shown to him, after examination of the document and the process of disbursement; he has no doubt as regards to the authenticity of the payment, especially given the procedure for foreign payment from the copies of documents. Other payment of $20Million presented to him, there is no evidence or reference of Executive Council’s approval, whether this is abnormal or not will be checked against all the payments to PTDF to date to know if it is exceptional as a routine of not referring such to Federal Executive Council. He said he has no personal relationship with PTDF. As for the Presidency he claimed he only visits for official meetings either for Federal Executive Council or accompanying AGF for consultative meeting with Mr. President or part of delegation of Board of Bank of Industry to visit Mr. President and the Vice President. He said the AGF cleared the Equitorial Trust Bank, ETB, and Trans-International Bank (TIB), based on the account submitted to OAGF and checked that they are in the CBN clearing house. That he has never been briefing any person in the Presidency on any government account.
MR. UKO UKAIWE NWAFOR ‘M’
He was born in Aba some 58 years ago, and a native of Ohafia Abia State. A graduate of London School of Accountancy, where he qualified as chartered accountant in 1979. He joined Petroleum Technology Development Fund, PTDF in 2000 and finally retired February 5th 2006 as Assistant General Manager, AGM Admin and Finance. He said his responsibilities included supervision of the department, ensuring adequate records are kept. He took directives from the Executive Secretary on how best to run the affairs of the Fund. He stated that the Fund received monies from the Federal Gov’t on two occasions in 2003. The first approval of USD125 million was sent to him with a covering memo from the Executive Secretary with an accompanying council memo applied by Dr. Rilwan Lukman. He added that the second approval of $20m was sent to him from Executive Secretary’s office approved only by the Vice President of the Federal Republic of Nigeria with a minute of the Accountant General of the Federation. That the PTDF main domiciliary account with the First Bank of Nigeria is the Fund’s main account for the purpose of receiving funds from Central Bank of Nigeria -CBN, before it is transferred to other bank accounts as may be approved. He said this system is adopted as a control and to avoid any possible fraud which enables easy reconciliation of the accounts. Funds released from PTDF account and sent to ETB and TIB was on straight deposit basis. While that of UBA was a current account/overnight deposit basis. The released funds for PTDF were meant for implementation of various programs as listed in the council’s memo. Following the release of the funds an approval was received from the office of the Vice President to fix the monies in Equitorial Trust Bank, ETB and Trans-International Bank, TIB. In the case of TIB the account was opened at the time the release of $10Million was received out of the $125Million. On ETB, the sum of $100Million was converted to Naira and placed over different periods. The $125Million was received in two trances. The first one was $72.1 Million and was distributed as follows: $62.1 Million to ETB it was fixed at 14% rate of interest per annum, while the $10 Million was fixed at 1.5% interest rate for the first 90 days with TIB. Then another $20 Million was placed on deposit of 365 days with TIB. He again added that on the issue of Minimum Lending Rate (MLR) and Minimum Rediscount Rate (MRR) the Central Bank of Nigeria-(CBN) do not control the Naira aspect only the US Dollar aspect. That at the time of this approval the market rate was between 14% and 15% as stated in the letter to Vice President. The purpose of generating income for the funds was to enable the management at that time preserve the capital fund as the need to ensure continuity in perpetuity. Also the fund was already running huge budget deficit in the planned program. He said he is fully aware of the distribution of the funds but not the initial application for release of the funds. He said for application by the bank to commence business with PTDF, the bank accounts for at least three years is analyzed and sent to the Executive Secretary for further action, after which it is sent to the Accountant General’s Office for consideration and approval. He said in the case of TIB, the approval was sent to PTDF via a letter dated 14/01/03 and this was the date of his resumption. On the issue of $10 Million and $20 Million placed with the TIB, he explained that he only acted on the directives and approval of the Executive Secretary. On the $20Million, the placement was based on the fact that the bank was already having $10M of the fund’s money and after meeting with ES, a memo was raised to consider TIB. That is all he stated.
NURENI A. YUSUF:
He was the Operations Manager in Abuja Branch of TIB. He stated that facilities were issued to NDTV and Mofas based on Otunba’s personality and connection within the business circle. The instruments that were used to draw the facility were duly signed by the authority based on Board of Directors approval. The collateral indicated for the facility is Unlimited Personal Guarantee of the Directors of the Company. N200million was used to acquire NDTV office at Ademola Adetokunbo Crescent Abuja. This was not proper, according to him. The second loan was given to Mofas Shipping to enable it enhance its business. The Branch Manager briefed him on the decision of the Head Office to assist Otunba Fasawe. Alhaji Ahamed Vanderpuje, a Director of NDTV is a close business friend of Otunba Fasawe. He stated that as a result of inadequate security they did not follow strictly the Central Bank’s credit guidelines in the granting of the loan and the subsequent disbursement.
RANTI ORIOKE ‘M’
He was appointed Executive Director TIB in 2002. He stated that Mofas and NDTV are customers of the Abuja Branch of TIB. They were granted facilities by the Board of Directors at various times. A total of N735, 000,000 as Bankers Acceptance as well as overdraft of N400, 000,000:00 bridging finance facilities were approved.
AMOS SEGUN ADEPOJU ‘M’:
He was the Managing Director of TIB effective on 01/08/04. As part of his schedule of duties he coordinates the activities of the four Directorates of the Bank: Cooperate Banking, Investment Banking and Finance Services, Finance and Management Services and the Inspectorates. He stated that N420m and another draft of N400m were approved for Mofas, while NDTV was granted loan of N735m and overdraft of N400m. The loans granted to Mr. Otunba Fasawe are based on Property and Unlimited Personal Guarantee. He said it was the duty of the Branch Manager to monitor the loans granted to his customer in the Branch. At credit meetings or performance monitoring, the Manager reports on the performance of the loans granted to his customers. Mr. Otumba Fasawe’s loans were discussed in one of such meetings. It was discovered at that time, that the accounts were no longer performing and the Business Development Manager was asked to pursue the loans. He further stated that he was a member of the Board of Credit and Investment Committee that approved a loan for N300m for Transveri Services Limited under the Managing Director Alh. Ahmed Vandarpuje. The Bank considered the recommendation of the Credit and Investment Committee to approve the loan. He stated that he did not see any agreement of contract between Transveri and National Hospital; Transveri and the Nigeria Police, and Transveri and National Meteorological Department. He stated lastly that he was not aware of any loan granted to Transveri Services to the tune of $110,000,000:00
ADENIKE ADEDEJI ‘F’:
She joined Mr. Otunba Fasawe in 2004 as his Secretary in NDTV Office, Abuja and denied that her Boss had sent her to United Kingdom or outside Nigeria for any purpose whatsoever. She concluded that to the best of her knowledge, she does not know anything about her boss’ foreign accounts.
ADEMOLA OYEJIDE ‘M’:
He stated that he is a Professor in the University of Ibadan and a member of TIB Board. He has been Chairman of the Board between 1989 and 1993. He acted as Chairman on several occasions since then. He is a member of Credit and Investment Committee of the bank that approved the loan to Mofas Shipping Limited, NDTV and Transveri Services Ltd. Properties and Unlimited Personal Guarantee were considered for the various loans granted. He mentioned that part of the securities for the loans for NDTV includes a commitment of co-financing by Exim Bank of the USA and a Memorandum of Understanding between Sofitel Cooperation and TIB. He mentioned that subsequent report from TIB management indicated poor performance of the accounts. Members of the Credit and Investment Committee met with officials of the Company in Abuja and discussed a way out. The committee requested the company, NDTV to prepare the repayment schedule for consideration, but this appears unrealistic. Therefore a decision was taken to recall the facilities. He also stated that the policy of the bank on credit facility requires that disbursement be made only after the specific requirements have been made. The same policy prescribes sanction when this is not done. And the policy document is available.
MUSA GARBA ‘M’:
He was born on 2/02/58 in Jimeta Yola, Adamawa State. He attended Government Secondary School, Yola in 1976. He then joined his late father’s company known as Madugu Commercial and Construction Ltd, Yola. He is a sole distributor of Ashaka Cement Plc, Gombe. He stated that his Company built ABTI Academy Secondary School and did its furnishing. He said up till today, they are still constructing ABTI American Primary and Nursery School in Jimeta-Yola. He said, in his thinking the School is owned by the Vice President of the Federal Republic of Nigeria, Alhaji Atiku Abubakar, because he was the one that awarded the contract to him. And all payments by Alhaji Atiku Abubakar were made directly to him, at times in his name and at times in his company’s name. He said presently, they are constructing a Primary and Nursery School at a total cost of N36Million which is yet to be completed. That he had once donated some vehicles, motorcycles and office complex to Obasanjo/Atiku Campaign Organization opposite Lamido Cinema and furnished everywhere. Alhaji Inuwa Labaran from Bauchi State, a PDP member was sent by the PDP Chairman to collect the vehicles and the motorcycles and later handed over to Governor Boni Haruna. He also reiterated that on the construction of ABTI, he did it based on trust between him and the Vice President. The Vice President used to give him drafts of different banks for the ABTI construction. But most of the drafts are for Habib Bank. His bankers are, Union Bank and Habib Bank, both in Yola. That he had never known company called Mofas. He said he remembered around 2002 and 2005, Atiku Abubakar brought some drafts on different occasions in favour of my name and told him it was not for ABTI construction. He told me that one of his friends donated to PDP North East. He requested that I cash the drafts and give him. When shown a copy draft of N60m dated 27/05/02 No. 02778573 of Trans International Bank, he explained that the money has to be part of the work he is doing at ABTI Academy. He admitted knowing Otunba Fasawe, as he used to meet him in the house of the Vice President, but has no any business relationship with him. The Coordinator of the ABTI American University in Yola, was one giving him all the bill of quantities and the drawings. For all the donations he made to PDP he has never received any favour from Federal Government, apart from this personal work he received from the V.P Atiku Abubakar. That is all.
UMAR N. PARIYAH ‘M’
He was born on 29/09/59 in Pariyah, Fufore LGA of Adamawa State. He obtained OND History, from University of Maiduguri. He joined Customs in 1984 and resigned in 1994 and joined Politics. That he is a Personal Aide to Mr. Atiku Abubakar the Vice President of Nigeria. His schedule was running errands for the V.P. The V.P. never sent him to collect money or draft from any person or company. That he knows one company called Mofas Shipping Company for the past 20 years and the owner is Johnson Otunba Fasawe. That Otunba Fasawe is a friend to the V.P. That Otunba Fasawe is a politician and he normally sends him to withdraw money for him for political affairs. That he normally collect PDP drafts for Otunba Fasawe. That apart from politics, he does farming and contracts. He has never registered his company for the contracts with the Corporate Affairs Commission, but normally got contracts through Umma Jaff Ltd. This company has an account in Habib Bank and one of his Directors is Jafaru Abdullahi, who resides in Kano. He normally collects drafts from Otunba Fasawe which he clears through his account. He said he had been shown some cheques and draft all in his names and has seen them and confirmed that he collected all the money written on them, viz: cheque No. 00000012 dated 22/01/04 of N5,250,000; No. 00000092 dated 08/04/04 of N2,750,000:00; No. 00000006 dated 30/04/04 of N3,000,000:00; cheque No. 00000070 dated 19/03/04 of N10,000,000:00; cheque No. 00000098 dated 2/10/03 of N7,500,000:00; cheque No. 00000072 dated 22/03/04 of N250,000:00; cheque No. 00000089 dated 3/09/03 of N6,000,000:00; cheque No. 00000083 dated 27/08/03 of N5,000,000:00; cheque No. 00000064 dated 22/07/03 of N20,000,000:00; cheque No. 00000050 dated 18/06/03 of N5,000,000:00; cheque No. 00000032 dated 12/02/04 of N6,000,000:00; cheque No.00000033 dated 04/06/04 of N3,000,000:00; cheque No. 00000070 dated 19/03/04 of N10,000,000:00; cheque No 00000023 dated 16/05/03 of N5,250,000:00; cheque No. 00000050 dated 18/06/03 of N5,000,000:00; and a draft No. 3171396 dated 22/07/03 of N20,000,000:00. All the above mentioned were cheques from Mofas Shipping Line Nigeria Limited in favour of him. That he is also one of the Directors of Umma Jaff Ltd. He said Mike Adenuga and the V.P Atiku Abubakar are friends. He declared that he has the following assets. One flat of 4 bedrooms built in Gwarinpa, Abuja which he bought at N14.5Million and has paid about N7Million. He has one other property in Apo, Abuja, a duplex of three bedrooms where he paid 10%, equivalent of N900, 000:00. All these were money sourced through estacodes and allowances. He has no shares. He has two vehicles, Peugeot 406 and 506.He does not have any foreign account.
He was born in Kaduna on 02/02/72. A holder of First Degree in Business Administration and Master in Business Communication and Public Relations both from the European University, Moutraix in 1993 and 1994 respectively. He stated that he owns the property at No. 3 Isa Kaita Road Kaduna, which is on the Profile Properties Ltd a Company owned by him. At present according to him, it is being occupied by tenants, and one Ibrahim Sani Zubairu is one of the tenants, and has been in the house for not less than two years. Isa Kaita property according to him was purchased through the NEW NIGERIA legal counsel in Kaduna. He stated that Profile Properties Ltd has another property located at No.57 Usuma Street Abuja. He further stated that Profile is a Group of Company owned by him as the Chairman. He added that, there are four companies under it: - Profile International, Profile Properties, Profile Security and Profile Technologies. Mohammed stated that he has no shares in Globacom Nig Ltd nor did he have any business relationship with the company.
He added that, he has parcels of land in the following places:-
(1) Samaru in Zaria
(2) Unguwar Kaji in Kaduna
(3) GRA Minna
(4) 2 pieces of land in Jigwai, Abuja
(5) Gwagwalada, Abuja and
(6) Apo near a NEPA substation.
He added that he possessed the following buildings:-
(1) No. 3 Isa Kaita Road , Kaduna
(2) No. 57 Usuma Street, Abuja
(3) Minna Hilltop
(4) Plot 212E Adetokunbo Ademola
(5) Kinshasa Unguwar Rimi, Kaduna
(6) Building at IBB Park, El-Amin and
(7) Kainji Street, Maitama, Abuja.
He added that No. 53 flat 4, Marlborough Hill St. John’s Wood, London belong to the family. He stated again that the family has some holding interest with Dantata and Sawoe. He added that the family has some interest in Amni International Petroleum Development Cooperation being headed by Colonel Sani Bello. He continued that, he has some shares in Intercellular, Intercity Bank, and Guaranty Trust Bank Plc. And finally added that he has foreign accounts as follows: HSBC, UK, Bank of America, BNP (France), UBS Switzerland, Saudi British and Union Bancaire Privee. That is all he stated.
IBRAHIM SANI ZUBAIRU
He was born in Zaria some 43yrs ago. He obtained a HND in Business Administration from Polytechnic, Kaduna in 2006. He works currently with NNPC Kaduna as supervisor Human Resource. That he lived at No. 3 Isa Kaita Road (former Dawaki Road) Kaduna. He has been one of the first set of tenants since January 2002. He stated that one Ahmed, G.I, a former colleague introduced him to Profile Properties when he was looking for a house to rent. He was later given forms, which after the completion; an offer was made which he paid through a bank draft in favor of Profile Properties Ltd Plot 996, Usuma Street, Abuja. He normally receives acknowledgment after each payment. He had full tenancy agreement. The drafts were normally given to one Bagobiri who operates a Kiosk in front of the house, No. 3 Isa Kaita Rd. That he does not have a share in Globacom and has no relationship with Babangida whatsoever. He has no business relationship or otherwise with Globacom or its Chairman. That he doesn’t know anybody by name G. Subair. That he is not the person; his full names are Ibrahim Sani Zubairu.
His Excellency, the vice
President, Atiku Abubakar was contacted through a letter EFCC/EC/VP/02/10 dated
18.08.06 to clarify issues raised in relation to his alleged role in approving
the release of funds to PTDF without recourse to the Federal Executive Council
and their subsequent placements in two banks of his choice. He responded that
all placements in Banks approved by him were based on the convincing reasons
advanced by the then Secretary of the Fund. He further explained that he was
also conscious of the fact that all the projects covered by the approvals would
eventually be subjected to ‘Due Process’ certification and Federal Executive
approval. And that it was even some few weeks back that approval of some of the
contracts were given by the Executive Council. Again, he explained that there is
usually a considerable time lag between project approval and actual
implementation. It was therefore impracticable to carry out specified projects
immediately money was approved or released. Still in his response, the Vice
President, went ahead to explain the placement of some of the funds in ETB that
it was based on their judgment on the safety of the investment on maturity and
the reasonableness of the returns on investment, bearing in mind what obtained
in the industry at the material time. However, it is pertinent to mention here
that His Excellency kept mute in respect of TIB, keeping in mind what he stated
as regards the placements of the fund in ETB.
ALHAJI IDRIS ISA:
•In compliance with the approval
–US$62,100,000:00 was transferred to PTDF Dollar Domiciliary Account with
Equitorial Trust Bank on 17/07/2003 at an interest rate of 15% per annum.
• That the given address of Alhaji G. Subair, 2/3 Dawaki Road Kaduna is a property belonging to Mohammed Badamasi Babangida, first son to the former military President, pointing to the fact that the shares might belong to the latter.
• That it has been established, Yusuf H. Abubakar, demanded and received $2million kick back from UNIVATION Ltd a UK based Company that was awarded $5million upgrade contract of PTI by PTDF in which he has already retuned N200million out of it.
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