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4 THE NATION TUESDAY, APRIL 28, 2015<br />

NEWS<br />

•A member of the Indian Air Force carries a Nepalese child in Saturday’s earthquake to a waiting ambulance in Kathmandu…yesterday.<br />

Mimiko gets new deputy as Ondo House sacks Olanusi<br />

Continued from page 1<br />

was floored by Gen. Buhari.<br />

Olanusi later explained that he<br />

had been having a raw deal with<br />

his boss who defected from the<br />

Labour Party (LP) where they<br />

both were to the PDP without informing<br />

him.<br />

Last week, the House of Assembly<br />

directed the Chief Judge<br />

to raise a panel to probe the allegations<br />

against Olanusi, who insisted<br />

that he was never served<br />

the impeachment notice.<br />

The panel sat for a few hours<br />

and sent a report, which the<br />

House accepted yesterday, impeaching<br />

Olanusi and approving<br />

Mimiko’s recommendation<br />

of Alhaji Lassisi Oluboyo, the<br />

Commissioner for Agriculture,<br />

as deputy governor.<br />

The lawmakers impeached<br />

Olanusi following a recommendation<br />

of a report submitted by<br />

the seven-man panel, headed by<br />

retired Magistrate Olatunji Adeniyan,<br />

which was constituted<br />

by Chief Judge Olasehinde Kumuyi<br />

to investigate the seven allegations<br />

levelled against Olanusi.<br />

The report submitted by the<br />

Continued from page 1<br />

ficials – said the oil giant<br />

should have refunded $4.29billion.<br />

Besides, the report opened a<br />

can of worms, returning a<br />

damning verdict on NNPC’s<br />

operations.<br />

The Nigeria Petroleum Development<br />

Corporation (NPDC),<br />

according to the auditors, was<br />

hostile. It made its job difficult.<br />

Petroleum Minister Mrs Diezani<br />

Alison-Madueke said last<br />

week that $1.48billion was unremitted,<br />

adding that the<br />

NPDC was already returning<br />

cash.<br />

The NNPC, said the report,<br />

was making deductions in its<br />

revenue before remitting funds<br />

to the treasury.<br />

PwC stated: “Clarity is required<br />

on whether such deductions<br />

should be made by NNPC<br />

as a first line charge, before remitting<br />

the net proceeds of domestic<br />

crude to the federation<br />

accounts. If these are deemed<br />

not to be valid deductions, then<br />

the amount due from NNPC<br />

would be estimated at $2.07 billion<br />

(without considering expected<br />

known remittances from<br />

NPDC) or $4.29 billion (if expected<br />

known remittances from<br />

NPDC are considered).”<br />

PwC came to this conclusion<br />

because between 12 January<br />

and 29 January 2015, the audit<br />

firm confirmed that “NNPC<br />

panel to Speaker Jumoke Akindele<br />

reads: “Placing reliance on<br />

the meaning of gross misconduct<br />

as defined in Section 188<br />

(11) of the Constitution of the<br />

Federal Republic of Nigeria,<br />

1999 as amended, we hereby<br />

The multi-billion dollar NNPC fraud, by auditors<br />

Impeachment can’t stand, says APC<br />

THE All Progressives Congress (APC) yesterday<br />

rejected the impeachment of Ondo<br />

State Deputy Governor Ali Olanusi.<br />

It said the process leading to his removal violated<br />

provisions of the impeachment clause in<br />

the 1999 Constitution.<br />

The party said the House of Assembly’s action<br />

was in disobedience of a court order which<br />

asked all parties to maintain the status quo in a<br />

suit the deputy governor filed challenging the<br />

plot to impeach him.<br />

The party’s National Vice Chairman in charge<br />

of SouthWest, Chief Pius Akinyelure, faulted<br />

Olanusi’s impeachment, noting that the decision<br />

of the Assembly, which he said acted as<br />

Governor Olusegun Mimiko’s rubber stamp,<br />

would not stand.<br />

Akinyelure described the impeachment as a<br />

mockery of constitutional order, which he said<br />

Mimiko and members of the Assembly swore<br />

to uphold.<br />

find that the allegations of gross<br />

misconduct levelled against the<br />

Ondo State Deputy Governor<br />

are established.”<br />

Majority Leader Olugbenga<br />

Akinsoyinu moved the motion<br />

for Olanusi’s impeachment. It<br />

provided transaction documents<br />

representing additional<br />

costs of $2.81 billion related to<br />

the review period, citing the<br />

NNPC Act LFN No 33 of 1977<br />

that allows such deductions”.<br />

PwC said it did not have access<br />

to NPDC’s full accounts<br />

and records “and we have not<br />

ascertained the amount of costs<br />

and expenses which should be<br />

applied to the $5.11billion crude<br />

oil revenue (net of royalties and<br />

PPT paid) per the NPDC submission<br />

to the Senate Committee<br />

which should be considered<br />

as dividend payment by NPDC<br />

to NNPC for ultimate remittance<br />

to the Federation Account.”<br />

There were suggestions that<br />

the NNPC cooked the books.<br />

The oil giant, the audit firm<br />

said, “provided information on<br />

the difference leading to a potential<br />

excess remittance of<br />

$0.74 billion (without considering<br />

expected remittances from<br />

NPDC). Other indirect costs of<br />

$2.81billion, which were not<br />

part of the submission to the<br />

Senate Committee hearing have<br />

been defrayed to arrive at this<br />

position.”<br />

In its comments section, PwC<br />

noted that it did not obtain any<br />

information directly from<br />

NPDC, “but in accordance with<br />

NPDC former Managing Director’s<br />

(Mr Briggs Victor’s) submission<br />

to the Senate Committee<br />

hearing on the subject matter,<br />

for the period, NPDC generated<br />

$5.11billion (net of royalties<br />

and petroleum profits tax<br />

paid).”<br />

As a result, PwC said it relied<br />

on the legal opinion provided<br />

to the Senate Committee by the<br />

Attorney General (AG), Mr Bello<br />

Adoke “on the subject of the<br />

transfers of various NNPC<br />

(55%) portion of Oil leases<br />

(OMLs) involved in the Shell<br />

(SPDC) Divestments which impact<br />

crude oil flows in the period.<br />

The AG’s opinion indicated<br />

that these transfers were<br />

within the authority of the minister<br />

to make.”<br />

If this is true, PwC believes<br />

“these assets were validly transferred<br />

to NPDC. The same AG’s<br />

Legal Opinion also indicated<br />

that NPDC was to make payments<br />

for Net Revenue (dividend)<br />

to NNPC, which should<br />

ultimately be remitted to the<br />

Federation Account.”<br />

Some of the limitations encountered<br />

by the auditing firm,<br />

which affected its findings,<br />

were:<br />

•inavailability of NPDC personnel<br />

to provide information<br />

on its processes;<br />

•non-response of NPDC to<br />

request for detailed breakdown<br />

of the crude oil assets transferred<br />

to NPDC;<br />

•volume of allocations to<br />

Strategic Alliance Partners per<br />

partner and list of receiving<br />

banks;<br />

Wale Ajetunmobi and Leke Akeredolu, Akure<br />

He said despite the decision of a High Court<br />

sitting in Akure, that all parties should maintain<br />

the status quo until the substantive suit<br />

is determined, the House went ahead to impeach<br />

the deputy governor.<br />

He said the House of Assembly committed<br />

three infractions to the 1999 Constitution in<br />

the process of removing the deputy governor,<br />

who had travelled out of the country for medical<br />

check-up before the impeachment procedures<br />

started.<br />

He cited the violation of Section 188(2) (b)<br />

of the 1999 Constitution, stipulating that the<br />

Speaker of the House of Assembly “shall,<br />

within seven days of the receipt of the notice<br />

of impeachment, cause a copy of the notice to<br />

be served on the holder of the office and on<br />

each member of the House of Assembly and<br />

Continued on page 60<br />

was seconded by Deputy Majority<br />

Leader Oyebo Aladetan.<br />

Speaker Akindele thereafter<br />

put the motion to the House and<br />

all the 22 lawmakers at the plenary<br />

voted in favour of impeach-<br />

Continued on page 60<br />

‘I’m ready for probe after tenure’<br />

Continued from page 1<br />

Publicity, Dr. Reuben Abati,<br />

the President said he is not<br />

afraid of any investigation<br />

after leaving office.<br />

He noted that investigations<br />

will not be out of place<br />

since Jonathan’s Administration<br />

also reviewed the actions<br />

of previous governments on<br />

assumption of office.<br />

He said: “As Alhaji Mohammed<br />

threatened in his<br />

statement, the incoming administration<br />

will be perfectly<br />

within its rights to review<br />

all actions of the present government<br />

as it may deem fit.<br />

“We see nothing wrong<br />

with that. After all, the<br />

present Administration reviewed<br />

the actions of previous<br />

governments on assumption<br />

of office with resultant<br />

benefits for policy and project<br />

implementation.”<br />

Abati added that President<br />

Jonathan ordered the immediate<br />

release of the report of<br />

PriceWaterCooper’s investigations<br />

into the alleged unremitted<br />

$20 billion to the Federation<br />

account by the Nigerian<br />

National Petroleum Corporation<br />

(NNPC).<br />

He said: “President<br />

Jonathan is also deeply concerned<br />

by the continuing suggestions<br />

that his administration<br />

still has anything to hide<br />

about the unproven allegation<br />

that about $20billion is<br />

unaccounted for by the<br />

NNPC during his tenure.<br />

“To lay the matter to rest,<br />

President Jonathan in line<br />

with Section 7(2) of the<br />

NNPC Act, has directed that<br />

the full report of the PWC<br />

Forensic Audit of the NNPC<br />

accounts be released immediately<br />

to the public so that<br />

all Nigerians will be properly<br />

informed on the matter.”<br />

Denying the allegations<br />

by Mohammed, Abati said:<br />

“We have noted with concern<br />

the allegation by the<br />

spokesman of the All Progressives<br />

Congress (APC),<br />

Alhaji Lai Mohammed, that<br />

officials of the Federal Government<br />

are engaged in<br />

“last minute looting of the<br />

nation’s resources, rushed<br />

privatisation of key institutions<br />

and hurried recruitment<br />

into the public service”.<br />

“We also consider as most<br />

unfortunate and uncharitable,<br />

the suggestion by Alhaji<br />

Mohammed that the<br />

Jonathan Administration is<br />

trying to ‘tie the hands’ of<br />

the incoming government<br />

merely by continuing to discharge<br />

its constitutional responsibilities<br />

until the end<br />

of its tenure.”<br />

“The Jonathan Administration<br />

which continues to<br />

do its best to ensure a<br />

smooth and peaceful handover<br />

of power to the President-elect,<br />

General Muhammadu<br />

Buhari, deeply regrets<br />

the unfairness and<br />

combative frame of mind reflected<br />

in Alhaji Mohammed’s<br />

statement.”<br />

According to him, President<br />

Jonathan has done his<br />

best in the past five years to<br />

discharge his constitutional<br />

responsibilities for good<br />

governance and effective<br />

leadership of the nation.<br />

Abati said: “Without any<br />

prejudice whatsoever to the<br />

freedom of the incoming administration<br />

to do as it pleases,<br />

within the confines of extant<br />

laws when it assumes office,<br />

the Jonathan Administration<br />

will continue to discharge<br />

its responsibility to govern<br />

until May 29, 2015.<br />

“In continuing to fulfil the<br />

obligations of his office however,<br />

President Jonathan has<br />

not, and will never condone<br />

any form of unscrupulous<br />

conduct on the part of state officials.”<br />

He maintained that President<br />

Jonathan will never authorise<br />

any attempt to create<br />

any problems for the incoming<br />

administration, stressing<br />

that the outcome of the March<br />

28 presidential elections does<br />

not imply a cessation of governance.<br />

•account numbers and bank<br />

statements for NPDC crude<br />

proceeds.<br />

“We encountered some limitations<br />

in the course of executing<br />

some aspects of our scope<br />

of work. The key limitations<br />

were: Unavailability of relevant<br />

NPDC personnel to provide information<br />

on the NPDC’s processes<br />

particularly around its<br />

operations, business objectives<br />

and internal accounting/financial<br />

reporting, etc; change of<br />

management at NPDC during<br />

the course of the engagement,<br />

which further contributed to<br />

our inability to successfully obtain<br />

responses to our request for<br />

information; non-response of<br />

NPDC to our request letter,<br />

which meant that we weren’t<br />

provided with the following<br />

requests:<br />

•Detailed breakdown of the<br />

crude oil assets transferred to<br />

NPDC.<br />

•Terms of divestment and<br />

contract documents involving<br />

the assets taken over.<br />

•Strategic Alliance agreements<br />

between NPDC and<br />

counterparties.<br />

•Monthly volume allocations<br />

to Strategic Alliance Partners<br />

per partner.<br />

•Monthly balance of NPDC<br />

crude over-lifts by Strategic Alliance<br />

partners.<br />

•List of receiving banks, account<br />

numbers and bank statements<br />

for NPDC crude proceeds.”<br />

The report added: “We did<br />

not have access to NPDC’s full<br />

accounts and records and we<br />

have not ascertained the<br />

amount of costs and expenses<br />

which should be applied to the<br />

$5.11billion Crude Oil revenue<br />

(net of royalties and PPT paid)<br />

per the NPDC submission to<br />

the Senate Committee which<br />

should be considered as dividend<br />

payment by NPDC to<br />

NNPC for ultimate remittance<br />

to the Federation Account.”<br />

The firm said working with<br />

the documents made available<br />

to it, it established that the gross<br />

revenues generated from Federal<br />

Government’s crude oil liftings<br />

was $69.34bn and not $67<br />

billion as stated by the Reconciliation<br />

Committee for the period<br />

from January 2012 to July<br />

2013.<br />

It also found out that the cash<br />

remitted into the Federation<br />

Accounts in relation to crude oil<br />

liftings was $50.81bn and not<br />

$47b as stated by the Reconciliation<br />

Committee. It said this<br />

amount was arrived at because<br />

“ (Nigerian National Petroleum<br />

Corporation) NNPC has provided<br />

information on the difference<br />

leading to a potential excess<br />

remittance of $0.74 billion<br />

(without considering expected<br />

remittances from NPDC). Other<br />

indirect costs of $2.81billion,<br />

which were not part of the submission<br />

to the Senate Committee<br />

hearing, have been defrayed<br />

to arrive at this<br />

position.”<br />

The report observed that the<br />

“resulting potential excess remittance<br />

indicates that the Corporation<br />

operates an unsustainable<br />

model”.<br />

The report states that “the<br />

Corporation is unable to sustain<br />

monthly remittances to the Federation<br />

Account Allocation<br />

Committee (FAAC), and also<br />

meet its operational costs entirely<br />

from the proceeds of domestic<br />

crude oil revenues, and have<br />

had to incur third party liabilities<br />

to bridge the funding gap.<br />

Furthermore, the review period<br />

recorded international crude oil<br />

prices averaging $122.5 per barrel<br />

(Average Platts prices for<br />

2012). As at the time of concluding<br />

this report, international<br />

crude oil prices average about<br />

$46.07 per barrel, which is about<br />

sixty two percent (62%) reduction<br />

when compared to the<br />

crude oil prices for the review<br />

period. If the NNPC overhead<br />

costs and subsidies are maintained<br />

(assuming crude oil production<br />

volumes are maintained),<br />

the corporation may<br />

have to exhaust all the proceeds<br />

of domestic crude oil sales, and<br />

Continued on page 60<br />

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