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Investigative Forensic audit of crude oil revenues and remittances by <strong>NNPC</strong> (January 2012 – July 2013)<br />

These costs relate to amounts incurred by <strong>NNPC</strong> (and its subsidiaries) in<br />

executing its mandate. We observed that there were documents supporting<br />

these expenses.<br />

E<br />

This represents<br />

the revenues<br />

due to NPDC<br />

from crude oil<br />

sale for the<br />

period from<br />

January 2012 to<br />

July 2013. The<br />

balances used in<br />

this analysis<br />

were obtained<br />

from the<br />

submissi<strong>on</strong>s<br />

made by the<br />

former MD of<br />

NPDC Mr<br />

Victor Briggs,<br />

during the<br />

Senate<br />

Committee<br />

hearings. We<br />

could not find<br />

proof or<br />

evidence that<br />

these revenues<br />

were remitted<br />

by<br />

NPDC/<strong>NNPC</strong><br />

into the<br />

Federati<strong>on</strong><br />

Accounts<br />

For the purpose of this report, PwC has included these expenses as verified, and<br />

treated them as legitimately incurred in the process of the Corporati<strong>on</strong><br />

executing its mandate.<br />

Verified costs (NPDC yet to complete payment for assigned assets).<br />

It is important to note that the relati<strong>on</strong>ship between <strong>NNPC</strong> and NPDC as it<br />

relates to OMLs 30, 34, 40, 26, 4, 38, 41, 42 c<strong>on</strong>trolled by NPDC, is a key<br />

limitati<strong>on</strong> to our scope. We had no access to NPDC management; our work<br />

relied <strong>on</strong> discussi<strong>on</strong>s with <strong>NNPC</strong> management (Secti<strong>on</strong> 6.3.2) and review of<br />

submissi<strong>on</strong>s to the senate (Exhibit A1).<br />

From our reviews of the <strong>NNPC</strong> Act (secti<strong>on</strong> 6(1 c & d)), we noted that the<br />

Corporati<strong>on</strong> is empowered:<br />

(c) to enter into c<strong>on</strong>tracts or partnerships with any company, firm or pers<strong>on</strong><br />

which in the opini<strong>on</strong> of the Corporati<strong>on</strong> will facilitate the discharge of the<br />

said duties under this Act;<br />

(d) to establish and maintain subsidiaries for the discharge of such functi<strong>on</strong>s<br />

as the Corporati<strong>on</strong> may determine;<br />

Secti<strong>on</strong>s 6(1c & d) are critical to establishing the nature of sale of these OMLs.<br />

We have analysed these as follows:<br />

(Factors supporting a sale)<br />

1. NPDC paid taxes and royalties with a total of $1.7 billi<strong>on</strong>. We have not<br />

been able to establish the assets <strong>on</strong> which these taxes and royalties<br />

were paid. However, the practice of payment of these statutory<br />

deducti<strong>on</strong>s suggests that the revenues from the related assets bel<strong>on</strong>g to<br />

the Company. According to NPDC’s submissi<strong>on</strong> at the senate hearing,<br />

NPDC has not been assessed for royalty and PPT for the review period<br />

by DPR and FIRS respectively. The Company made part payments<br />

based <strong>on</strong> estimates.<br />

Vanguardngr<br />

2. Existence of a Deed of Assignment: As part of our work, we were<br />

informed of a document (Deed of Assignment) that transferred the<br />

assets from <strong>NNPC</strong> to NPDC. We were availed with copies of Deeds of<br />

Assignment for OML’s 26,30,40,42. We were not provided with copies<br />

of Deeds of Assignment for OML’s 4,38,41,34.<br />

3. An outright sale to NPDC means that NPDC would be expected to<br />

make a payment to the Federati<strong>on</strong> accounts for procuring the asset.<br />

DPR assigned a total value of $1.85 billi<strong>on</strong> dollars as reas<strong>on</strong>able<br />

amounts to be paid for the eight OML’s in c<strong>on</strong>siderati<strong>on</strong>, out of which<br />

the Corporati<strong>on</strong> had paid $100 milli<strong>on</strong>.<br />

An outright sale will also require dividend remittance by NPDC to <strong>NNPC</strong> (and<br />

C<strong>on</strong>fidential informati<strong>on</strong> for the sole benefit and use of the <str<strong>on</strong>g>Audit</str<strong>on</strong>g>or-General for the Federati<strong>on</strong>.<br />

PwC 22

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