•Tidewater, Tidex deny importation of toxins
The Tidewater Marine International Inc and Tidex Nigeria Limited have faulted a petition to the Economic and Financial Crimes Commission(EFCC) by an Abuja-based lawyer Max Ogar alleging that they imported toxins or toxin laden vessels into Nigeria.
They also claimed that the Federal Government had never accused the two firms of bringing toxins into the country.
They explained that the issue of alleged importation of toxins was never part of the agreement between the two companies and the Federal Government.
The EFCC is currently probing the whereabouts of the payment of $6million (N1.908billion) fines to the administration of ex-President Goodluck Jonathan by Tidewater in lieu of criminal charges.
The probe followed a petition by Ogar which implicated a former Minister and a Senior Advocate in the Settlement of Agreement.
But in a May 4 letter to The Nation by Dr. B.A.M. Ajibade(SAN), the companies said the two companies have never been accused of importing toxins nor did the Settlement Agreement make reference to toxins.
The letter reads: “Our clients’ attention has been drawn to your recent newspaper publication of 26th of April 2016 captioned “Alleged importation of toxins: EFCC probes firm’s payment of $6m to SAN.
“The publication reported by one Yusuf Alli is in respect of a petition by a firm of legal practitioners, Legal Max, requesting the EFCC to re-investigate a settlement involving our clients and the Federal Government of Nigeria under the auspices of the EFCC in 2010.
“At Page 7 of the publication, you published of our clients thus: ‘The EFCC is investigating the payment of $6m(N1.908b) fines to the administration of ex-President Goodluck Jonathan by Tidewater for alleged importation of vessels with toxins.
“Contrary to your false, defamatory, malicious and injurious publication, our clients have never been accused of importing toxins into Nigeria nor did the Settlement and Non-Prosecution Agreement entered into between our clients and the Federal Government of Nigeria have anything to do with the importation of toxins into Nigeria.
The agreement reads in part: “The terms of Settlement and Non-Prosecution Agreement is entered into as of February 2011 between the Federal Government of Nigeria and Tidex Nigeria Limited (TIDEWATER) a limited liability company incorporated under the laws of the Federal Republic of Nigeria as Tidewater and on behalf of each of its parent, subsidiaries, joint venture partner hereinafter collectively referred to as the companies on the other hand.
“The Federal Government of Nigeria agrees that it will not file or seek to file any criminal charges, complaints, allegations, lawsuits (civil or otherwise), indictments, or causes of action of any kind against Tidewater or any of the companies arising from any of the facts or allegations relating to the investigations carried out into the conduct of Tidewater and the companies business in Nigeria subject matter of the proposed criminal proceedings pursuant to any Nigerian laws and which arise, relate to, or are connected with any failure by tidewater and/or any of the companies to comply with applicable Nigerian law in relation to the temporary importation of vessels into Nigeria, or in relation to the use of Panalpina entities or other customs brokers or agents to secure permits or waivers from any federal government of Nigeria agency (Panalpina Services) including but not limited to actions under the Economic and Financial Crimes Commission Act, the Criminal Code Act, the Corrupt Practices and Other Related Offences Act, the Penal Code Act, the Companies and Allied Matters Act, the Customs and Excise Management Act and all other related legislations, regulations or any or successor legislations or modifications in relation thereto.
“No further and/or other sanctions: the FGN agrees that tidewater and the companies have extensive business interests in Nigeria and that tidewater and the companies intend to continue their regular …..
“Reimbursement of FGN legal costs and expenses; in recognition of the fact that the FGN has incurred legal costs and expenses in connection with the investigations carried out into the conduct of tidewater and companies’ business in Nigeria, tidewater for tidewater and the companies agrees to reimburse the FGN for legal costs equal to five percent of the ex-gratia payment set out in section 3 above in the sum of $300, 000 or its equivalent in Naira at the prevailing CBN exchange rate. Tidewater will pay the said legal costs and expenses to FGN’s designated counsel (as contained in the schedule 2 hereto) for tidewater and the companies not later than 14 days from the effective date of this agreement.
“FGN represents and warrants that the reimbursement of FGN legal costs to the FGN designated counsel in the terms of this agreement is lawful under Nigerian laws and regulations.”
”In consideration of this agreement, Tidewater will pay the sum of $6million or its equivalent in whole or in part in Naira to the Federal Government of Nigeria and on behalf of the companies.
“The payment would be made into the FGN designated accounts (as contained in Schedule 1 hereto) at the prevailing CBN exchange rate not later than 14 days from the effective date.”