Godwin Tsa, Abuja
The Economic and Financial Crimes Commission ( EFCC) has arraigned Malabu Oil & Gas Limited, an oil magnate, Aliyu Abubakar, and six other companies before the Abuja division of the federal high court.
They were docked before Justice Iyang Ekwo on a 48-count fraud charge relating to the alleged fraudulent transfer of controversial OPL 245 oil well.
The six companies listed in the charge marked FHC/ABJ/CR/268/2016 are A-Group Construction Company Limited, Rocky Top Resources Limited, Mega-Tech Engineering Limited, Novel Properties and Development Company Limited, and Carlin International Nigeria Limited.
The prosecution agency alleged that they were involved in money laundering to the tune of about $1 billion and N673 million.
According to the charge, Malabu Oil & Gas Ltd and two of its directors who are currently at large- Seidougha Munamuna and a former Minister of Petroleum Resources, Dauzia Etete, known as Dan Etete ‘directly or indirectly converted the sum of $401,540,000 paid from the Federal Government of Nigeria Escrow Account with JP Morgan Chase Bank in London into Malabu Oil’s account with First Bank of Nigeria Limited.’
They were also alleged to have converted the money, even when they knew that the funds formed part of unlawful activity, to wit: ‘negotiation and signing of oil block 245 Resolution Agreement with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited whereby taxes due to the Federal Government was waived.’
The prosecution told the court that the defendants took control of the sum of $401,540,000 in violation of section 9(a) of the Money Laundering (Prohibition) Act, an act punishable under section 15(3) of the same law.
The Commission also accused Abubakar and Rocky Top Resources Limited, in September 2011, took control of the sum of $336,456,906.78 which was part of proceeds of unlawful activity in the Malabu Oil deal.
In another count in the charge, the EFCC told the court that Abubakar and Imperial Union Limited, in August 2011, equally also took control of the sum of $34,540,00 they received from Malabu Oil and Gas, being proceeds of unlawful activity in the OPL 245 deal.
Abubakar was alleged to have neglected to report in writing to the EFCC certain single-fund transactions involving the bank accounts of his separate companies between 2011 and 2014.
The EFCC alleged that the firms being Designated Non-Financial Institutions, are by virtue of section 10(1)(b) of the Money Laundering (Prohibition) Act 2011, ought to report such huge transactions to the EFCC in writing, failing which is punishable under section 10(3) of the same law.
Abubakar and Carlin International Nigeria Limited allegedly failed to report the lodgment of N300 million in the firm’s account by a former Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN) in February 2012.
The EFCC further alleged that the businessman and A-Group Construction Company Limited failed to report the sum of N32.108m paid to Triax BDC in January 2014, and N38 million paid to them by Falana Properties Limited in August 2015.
The EFCC alleged that the sum of $73.5 million paid to Rocky Top Resources by Malabu Oil in September 2013 was not reported.
It told the court that Abubakar and Megatech Engineering had in August 2011 failed to report the transfer of $180 million that was made to them from Malabu Oil’s account.
They were said to have also failed to report another N50 million transfer that was equally made to them in September 2016.
Meanwhile, the Defendants pleaded not guilty to the charge.
Counsel to the anti-corruption agency Mr Bala Sanga did not oppose the bail application moved by counsel to Abubakar, Chief Akin Olujinmi, SAN.
Consequently, Justice Ekwo granted bail to Abubakar and adjourned the case to September 7.