*As trial begins September 10
By Alex Enumah
The federal government on Tuesday re-arraigned an oil magnate and business, Mr Aliyu Abubakar and seven others on an amended 67 criminal count charge over their alleged complicity in the disputed Oil Processing License OPL 245 otherwise known as Malabu Oil.
Abubakar was last July arraigned on a 48 count criminal charge bordering on money laundering, fraud and failure to disclose huge financial transactions in line with the nation’s financial laws.
Abubakar and others at large are also linked to huge fraud of over $1 billion in the Malabu Oil deal.
The others are: Malabu Oil and Gas Limited, A-Group Construction Company Limited, Rocky Top Resources Limited, Mega Tech Engineering Limited, Novel Properties and Development Company Limited, imperial Union Limited and Carlin International Nigeria Limited.
According to the Economic and Financial Crimes Commission (EFCC), Malabu Oil and Gas Limited negotiated and signed the “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 of Nigeria was waived.”
In the suit marked: FHC/ABJ/CR/268/2016,
Abubakar, was also accused of using his companies to receive monies which were proceeds from the Malabu oil deal.
He however pleaded not guilty to all 67 charges read to him.
In a short ruling, trial judge, Justice Inyang Ekwo, fixed September 10 for commencement of trial.
The 3 stated that the court had earlier fixed September 7 for trial but had to allow the defendant took his plea in the amended charge.
Count three of the charge read: That you Malabu Oil and Gas Limited, Seidougha Munamuna (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large) on or about August 30, 2013, in Abuja, within the jurisdiction of this Honourable Court took control of the sum of $74,200,000.03 (Seventy four million, two hundred thousand United States Dollars, three cents) paid from the Federal Government of Nigeria Escrow Account No: 0041451493 IBAN 30CHA5609242411492 with JP Morgan Chase Bank in London into the account No. 1005552028 of Malabu Oil & Gas Limited domiciled with Bank PHB Plc (Now Keystone Bank Limited Account No, 3610042472), when you reasonably ought to have known that the funds formed part of an unlawful activity to wit: Negotiation, signing and payment in respect of the Block 245 Resolution Agreement between the Federal Government of Nigeria with Shell Nigeria Ultra Deep Limited, Nigerian National Petroleum Corporation, Nigeria Agip Exploration Limited, Shell Nigeria Exploration and Production Company Limited whereby taxes, accruals and royalties due to the Federal Government of Nigeria were unlawfully waived and you thereby committed an offence contrary to section 15(2)(d) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 15(3) and 15 (4) of the same Act.
Malabu Oil & Gas Limited, Seidougha Munamuna (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), in count four, were accused of transferring the sum of $74,271,750.00 (Seventy four million, two hundred and seventy one thousand, seven hundred and fifty United States dollars) from Malabu Oil & Gas Limited account No. 3610042472 domiciled with Keystone Bank Limited to Rocky Top Resources Limited, when they reasonably ought to have known that the said funds formed part of an unlawful activity to wit: Negotiation, signing and payment in respect of the Block 245 Resolution Agreement between the Federal Government of Nigeria with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Nigerian National Petroleum Corporation, Shell Nigeria Exploration and Production Company Limited whereby taxes, accruals and royalties due to the Federal Government of Nigeria were unlawfully waived and you thereby committed an offence contrary to section 15(2)(b) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 15(3) and 15(4) of the same Act.
COUNT 5: That you Malabu Oil and Gas Limited, Seidougha Munamuna (at large), Amaran Joseph (at large) and Dauzia Loya Etete (at large), on or about the September 6, 2011, in Abuja, within the jurisdiction of this Honourable Court transferred the sum of $336,456,906.78 (Three hundred and thirty six million, four hundred and fifty six thousand, nine hundred and six United States Dollars, seventy eight cents) from Malabu Oil & Gas Limited account No. 3610042472 domiciled with Keystone Bank Limited (Formerly Bank PHB Plc account No. 10055520280) to Rocky Top Resources Limited, when you reasonably ought to have known that the said funds formed part of an unlawful activity to wit: Negotiation, signing and payment in respect of the Block 245 Resolution Agreement between the Federal Government of Nigeria with Shell Nigeria Ultra Deep Limited, Nigeria Agip Exploration Limited, Nigerian National Petroleum Corporation and Shell Nigeria Exploration and Production Company Limited whereby taxes, accruals and royalties due to the Federal Government of Nigeria were unlawfully waived and you thereby committed an offence contrary to section 15(2)(b) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 15(3) and 15 (4) of the same Act.
Count 65 read: That you, Aliyu Abubakar, a director of and signatory of the bank account of Carlin International Nigeria Limited; sometime in January 2014, in Abuja, within the Abuja Judicial Division of the Federal High Court, aided the company in failing to develop programmes to combat money laundering and other illegal acts, to wit: failure to establish within Carlin International Nigeria Limited, an internal audit unit to ensure compliance and effectiveness of measures taken to enforce the Money Laundering Prohibition Act 2011 (as amended), contrary to section 16(1) (f) read together with section 9 (1)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and you thereby committed an offence contrary to section 18(a) of the same Act and punishable under section 16 (2)(b) of the same Act.
