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Tag: Halliburton

  • $180m Halliburton scandal: EFCC may opt for fresh trial

    $180m Halliburton scandal: EFCC may opt for fresh trial

    Agency to probe how ex-NSA Gusau, others brokered settlement

    Some of the suspects implicated in the $180million Halliburton bribery scandal are likely to be retried, following fresh evidence, it was learnt yesterday.

    Also yesterday, an Economic and Financial Crimes Commission (EFCC) source said it may review claims that a former National Security Adviser (NSA), Gen. Aliyu Gusau and a former Director-General of the Department of State Service (DSS), Col. Kayode Are, facilitated an out of court settlement with five companies on the scandal.

    A document submitted to the EFCC indicated  that the government opted for settlement agreement because of Julius Berger’s strategic roles in the nation’s economy.

    It was also gathered that the EFCC was prevailed upon to adopt plea bargain because the nation’s laws on the subject matter were weak.

    But the anti-graft agency has not foreclosed the trial of the suspects.

    A source said: “The EFCC is making significant progress in its ongoing investigation and at the end of the day, it may retry some of the suspects implicated in the scandal. Already, one of the suspects has a pending application before the Supreme Court.

    “There are other suspects who will also be arraigned, depending on the outcome of our investigation. All the key actors have written us to explain their roles.

    “We are probing the role of all past and present public officers involved in the deal.”

    In one of the documents made available to the EFCC, it was recommended that there is nothing wrong in prosecuting suspects afresh if there are new evidence.

    “On the issue of the Nigerians involved, we opted in the exercise of the prosecutorial discretion to charge them piecemeal and the lawyers commenced the prosecution. The proceedings were however not as fast as we expected because of lack of sufficient evidence and witnesses.

    “There is nothing stopping the EFCC from proceeding with these cases if they now have sufficient evidence and the requisite witnesses to prosecute instead of trying to impugn a transaction they initiated, participated and consummated. It should be noted that the EFCC vetted and co-signed all the Non-Prosecution Agreements.

    “Given the entirety of the circumstances and the facts at our disposal at the time the negotiations were conducted, we did our best to preserve the national interest.

    “Government is therefore invited to objectively review the transaction in order to arrive at an informed position and should not rely on the misconceived views and opinions of persons and agencies that have an interest to serve.”

    A document obtained by our correspondent yesterday confirmed the ongoing investigation by the EFCC that many public officers played some roles in the deal with the five companies.

    It alleged that Gen. Gusau and Col. Are facilitated out of court settlement with five companies on the $180million Halliburton bribery scandal.

    The document, which is being reviewed by the EFCC, states in part: “As soon as the criminal suits were filed, the then NSA, General Aliyu Gusau, called for an Out of Court Settlement in view of the strategic role that Julius Berger (one of the companies implicated in the bribery scandal) plays in our economy.

    “It was, therefore, agreed that a settlement meeting be held in his office and he nominated the Deputy NSA in the person of Kayode Are to chair the meeting.

    “At the meeting convened for that purpose, we took a critical look at the position of our laws and agreed that our laws on the subject matter were weak and reliance on the penal sanctions provided under the laws, only pittance by way of fines could be realized from the out of court settlement.

    “As a result, we opted to pursue the companies on the ground of ‘reputational damage’ occasioned the country by the alleged acts of bribery.

    “It was therefore resolved that the companies involved would be asked to pay fines for reputational damage to the country.

    “To serve as deterrence, it was agreed that companies involved would be made to disgorge 5 (five) times the amount that was transmitted through them and also pay the solicitors’ fees as was done in the Pfizer’s case involving the Federal Government.

    “That was how Julius Berger was made to pay $26million to the Federal Government of Nigeria exclusive of the solicitors’ fees, which was paid to them directly. This was with the knowledge and involvement of the EFCC nominated lawyer and Secretary.

    “This strategy became the threshold for negotiations with the rest of the companies at the instance of the EFCC themselves who came up with a lot of companies to negotiate and pay the FGN directly through the CBN and over $200 million were collected.”

    Also, insights were given on how the five lawyers, who fostered the plea bargain, were appointed.

    The document said in  2010, the then Chairman of the EFCC, Mrs Farida Waziri, got a “letter from some American lawyers to the effect that they wanted to sue Halliburton and other associated companies in respect of the LNG bribery scandal on the understanding that they would be entitled to 33 1/3 of whatever they recovered as professional fees.”

    The document said the government  felt “very uncomfortable with the approach and rather called for the files to  review the entire subject matter and fashion out an appropriate strategy that would best serve Nigeria’s over all interest.

    The document said after a review of the files on the subject, the government came to the considered view that the “best approach would be to assemble a team of Nigerian solicitors working together with the EFFC to commence criminal proceedings against the foreign companies involved, while reviewing on the basis of available evidence how best to deal with the Nigerian individuals involved.”

    To constitute a team to commence prosecution, the lawyers were nominated as follows: the President of the Nigerian Bar Association, Mr J.B. Daudu, SAN, Mr. E.C. Ukala, SAN, Mr. D.O. Dodo, SAN(the Office of the AGF) and the EFCC, nominated Mr. G.O. Obla, SAN and Mr. Emmanuel Akomoye, the then Secretary of the EFCC to participate in the trial and monitor the ensuing negotiations.

    “The then Executive Secretary of the National Human Rights Commission, Mr. Roland Ewubare, was also co-opted because of his extensive experience on the issue from the American perspective, having practised law in the United States of America for a long time.”

    An Abuja High Court on March 27, 2013 struck out the case against six Nigerian suspects arraigned over the Halliburton scandal.

    Those set free were a former Permanent Secretary,  Ibrahim Aliyu, Mohammed Gidado Bakari and four companies.

    The four companies are Urban Shelter Ltd, Intercellular Nigeria Ltd, Sherwood Petroleum Ltd and Tri-Star Investment Ltd.

    The six accused persons had  stood trial for allegedly  serving as conduits and receiving bribes in hard currency to facilitate natural gas contracts between 1994 and 2005.

    Justice Abubakar Sadiq Umar  said the prosecution had failed to diligently prosecute the case.

    Also, Bodunde Adeyanju,  former aide to ex-President Olusegun Obasanjo, was arraigned in 2010 alongside George Mark, Jeffrey Tesler(at large), Hans George Christ, Heinrich J. Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH.

    Mark, Tesler, Christ, Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH were alleged to have sometime between 2002 and 2003  conspired to make several cash payments in the sum of US$1million (five times) totalling in equivalent $5million to Bodunde .

    They were alleged to have committed an offence contrary to Section 16 of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act 2004) and punishable under Section 15(2) and (3) of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act, 2004).

    The EFCC is closing  in on more suspects in its ongoing probe of the whereabouts of the $200m (N66billion) penalty fines paid by five companies involved in the scandal.

    The anti-graft agency has asked the lawyers who handled the settlement to account for the fines and about $12million(N3.960billion) collected as “legal fees”.

    One of the lawyers, Mr.  Damian Dodo (SAN), in a letter to the EFCC Chairman, Mr. Ibrahim Magu admitted that the  legal team got $3.5million out of the $4.5million paid to it.

    He said the balance of  $1,000,000 was remitted to the Federal Ministry of Justice as “reimbursement cost to the Federal Government of Nigeria.

    The $180million bribery scandal involved the former Halliburton subsidiary, Kellogg Brown and Root (KBR), in respect of the Liquefied Natural Gas plant in Bonny.

    Albert J. Stanley admitted before a Houston court in the US on September 4, 2008 that he orchestrated more than $180million in bribe to senior government officials.

    Stanley alleged that the bribe was channeled through a UK lawyer, Tesler, in four installments of $60million; $32.5million; $51million and $23million.

    The bribe was allegedly facilitated between 1995 and 2005 in London.

    The countries where the bribe money was allegedly stashed by some top government officials and their accomplices are France, the United Kingdom, Switzerland, Portugal and Seychelles.

    Tesler, 63, was in February, 2012 sentenced to 21 months in prison in the US after pleading guilty in March last year to bribing Nigerian Government officials with $132 million between 1994 and 2004. He also forfeited $149 million to US authorities under the Foreign Corrupt Practices Act (FCPA).

    According to sources, Tesler played a fast one on Nigerian officials who were to benefit from the $180m by diverting $133, 073,750million to his account in Switzerland.

    He shared only about $22, 417, 000 and DRM 500,000 to some top government officials.

    Upon discovery of the $133, 073,750m in Tesler’s account, the Swiss government froze the account and during the trial of the accused person, the looted fund was transferred to the US.

    But the Federal Government, through the Office of the Attorney-General of the Federation, has initiated moves to recover the $133, 073,750m which was found in Tesler’s account.

  • Halliburton: Lawyers admit taking $3.5m as EFCC closes in on suspects

    Halliburton: Lawyers admit taking $3.5m as EFCC closes in on suspects

    Detectives are making progress in their resolve to find the $200m (N66billion) penalty fines paid by five companies involved in the $180million  Halliburton bribery scandal, The Nation learnt yesterday.

    The Economic and Financial Crimes Commission (EFCC) has asked the lawyers who handled the settlement agreement to account for the fines and about $12million (N3.960billion) collected as “legal fees”.

    One of the lawyers, Mr.  Damian Dodo (SAN), in a letter to EFCC Chairman Ibrahim Magu, admitted that the legal team got $3.5million of the $4.5million legal fees.

    He said the balance of  $1,000,000 was remitted to the Federal Ministry of Justice as “reimbursement cost to the Federal Government of Nigeria.

    The EFCC is closing in on more suspects implicated in the Settlement Agreement  on the Halliburton scandal.

    A source said: “This commission is making progress despite the braggadocio in the media by some people being investigated. The truth is that we have conflicting records which we need to reconcile.

    “If companies paid penalty fines as part of plea bargaining,  Nigerians deserve to know where the money is. Let them produce evidence of remittance of the fines.

    “We are going to get to the roots of this scandal, including the legal fees of about $12million. We may also interact with all those involved in the agreement. We want to locate the whereabouts of the fines duly paid.”

    “We are closing in on more suspects who have to come and tell us all they know about the whereabouts of the $200million purportedly remitted to the government.

    “Now, we have got a new dimension to the case involving payment or remittance of $1,000,000 to the Federal Ministry of Justice. We need all records and we may invite some key officials of the ministry to testify.”

    The source added: “In fact, the so-called $200million fines appeared to be a far cry from what the nation ought to have got.

    “About $1.5billion was paid by Halliburton to the US Government. Yet, the country, which was ripped off, got pittance.

    “Despite the fines, the facilitator of the bribery, a UK lawyer, Mr. Jeffery Tesler, has just completed a jail term. In Nigeria, all the culprits are walking freely as if it was a normal trend. We are looking at all these dimensions to the case. We want justice for Nigeria.”

    But one of the lawyers involved in the Settlement Agreement, Mr. Damian Dodo (SAN), in a February 15 letter to the EFCC chairman, admitted that the legal team got $3.5million professional fees  out of the $4.5million paid to the group through his firm,  D.D. Dodo and Co.

    He said $1million was “deducted” from $4.5million as “reimbursement cost” to the Federal Government.

    The $1million was paid to the Federal Ministry of Justice.

    The letter said: “Further to my brief dated 11th February, 2016, I hereby wish to bring to your attention that the sum of $1,000,000 (N150million at the time) was approved by the Hon. Attorney -General as reimbursement of cost to the Federal Government of Nigeria.

    “The said sum of $1,000,000 was deducted from the sum of $4.5million received by D.D. Dodo and Co. on behalf of the Federal Government of Nigeria legal team, leaving the team with $3.5million.

    “On the instruction of the Team Leader, Mr. J.B. Daudu(SAN), I forwarded to the Federal Ministry of Justice a cheque in the sum of N150milion(equivalent of $1,000,000) at the prevailing exchange rate at the time)in March 2011.

    “Copy of the acknowledgement from the Federal Ministry of Justice dated 16th March 2011 is attached for ease of reference.

    “I am also aware that some other sum was approved to the HAGF as Federal Government of Nigeria cost from the payments received by Obla and co and that the sum was accordingly remitted to the Federal Ministry of Justice. Chief Godwin Obla will provide you further details in this regard.

    “I hope this helps in the process of your investigation.”

    An Abuja High Court on March 27, 2013 struck out the case against six Nigerian suspects arraigned over the Halliburton scandal.

    Those set free were a former Permanent Secretary,  Ibrahim Aliyu, Mohammed Gidado Bakari and four companies.

    The four companies are Urban Shelter Ltd., Intercellular Nigeria Ltd., Sherwood Petroleum Ltd. and Tri-Star Investment Ltd.

    The six accused persons had  stood trial for allegedly  serving as conduits and receiving bribes in hard currency to facilitate natural gas contracts between 1994 and 2005.

    The trial judge, Justice Abubakar Sadiq Umar,  said the prosecution had failed to diligently prosecute the case.

    Bodunde Adeyanju, former President Olusegun Obasanjo’s aide, was arraigned in 2010 alongside George Mark, Jeffrey Tesler (now at large), Hans George Christ, Heinrich J. Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH.

    But Mark, Tesler, Christ, Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH were alleged to have sometime between 2002 and 2003  conspired to make several cash payments in the sum of $1million (five times) totalling $5million to Bodunde.

    They were alleged to have committed an offence contrary to Section 16 of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act 2004) and punishable under Section 15(2) and (3) of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act, 2004).

    The $180million bribery scandal involved the former Halliburton’s subsidiary, Kellogg Brown and Root (KBR) in respect of the nation’s Liquefied Natural Gas plant in Bonny.

    Albert J. Stanley admitted before a Houston Court in the US on September 4, 2008 that he orchestrated more than $180million in bribe to senior government officials.

    Stanley alleged that the bribe was channelled through Tesler in four instalments of $60million; $32.5million; $51million and $23million.

    The bribe was allegedly facilitated between 1995 and 2005 in London.

    The countries where the bribe money was allegedly stashed by some top government officials and their accomplices are France, Britain, Switzerland, Portugal and Seychelles.

    Tesler, 63, was in February, 2012 sentenced to 21 months in prison in the United States after pleading guilty in March, last year to bribing Nigerian Government officials with $132 million between 1994 and 2004.

    He also forfeited $149 million to US authorities under the Foreign Corrupt Practices Act (FCPA).

    Tesler is believed to have played a fast one on Nigerian officials who were to benefit from the $180m by diverting $133, 073,750million to his account in Switzerland.

    He only shared about $22, 417, 000 and DRM 500,000 to some top government officials.

    Upon discovery of the $133, 073,750m in Tesler’s account, the Swiss government froze the account and during the trial of the accused person, the fund was transferred to the US.

    A former EFCC chairman, Mallam Nuhu Ribadu, recently in Germany expressed regrets that the Halliburton scandal was frustrated in Nigeria.

    He said “a gang of foreigners stole from Nigeria”  from a $6 billion natural gas contract won by a consortium of four international companies.

    He said on some of  the cases  which the EFCC under his watch referred to the US Department of Justice, including those of Siemens and Julius Berger, the US made over $3 billion in fines.

    “But the sad aspect is this, in my own country, where the criminal activity took place, not a single person was made to face justice, especially after I was asked to leave my position. Sadly, Nigeria did not make a dollar out of it,” Ribadu added.

  • Fresh Halliburton bribe probe likely in January

    Fresh Halliburton bribe probe likely in January

    The Economic and Financial Crimes Commission(EFCC) may reopen investigation into the $180million Halliburton scam in January, The Nation gathered yesterday.

    Some of those implicated in the scandal, including three former Heads of State, may be reinvestigated, a source said.

    Others, who were spared by the previous administration, may also be questioned.

    The reopening of the case may enable the nation to get more of the looted funds from the United States

    According to sources, the EFCC may have discovered that Nigeria did not get a fair deal from the investigation of the scam.

    The commission also felt some of the suspects, who entered into a plea bargain, did not return substantial funds, a source said, adding: “As from January, the EFCC will reopen investigation into the $180m Halliburton bribery scam because the nation has not got enough justice.

    “Out of about $22, 417, 000 and DRM 500,000 bribes  shared to top government officials in Nigeria, about N2.5billion fines were paid by some companies.

    .”Some suspects, who were neck-deep in the scam, got presidential reprieve, which compelled the leadership of the anti-graft agency to overlook their infractions.

    “But the era of impunity is over; we will reopen the probe into the Halliburton  scandal and recover the bribe.”

    The source said: “No matter how big the suspects are, we will recover the cash. We have the list of the beneficiaries of the bribe sum.”

    The source added: “ At a point, the US Government found about $133, 073,750m, which was found in  the account of Jeffery Tesler who was the facilitator of the bribery.

    “Upon this discovery, the Federal Government proposed a 50-50 sharing formula of the funds. We want to know what has become of this arrangement. Certainly, there are many pegs to the Halliburton scandal.

    “We are also a subject of ridicule in the international community – that none of the suspects has been successfully prosecuted and jailed.”

    An Abuja High Court on March 27, 2013 struck out the case against six Nigerian suspects arraigned over the Halliburton scandal.

    Those set free were a former Permanent Secretary,  Ibrahim Aliyu, Mohammed Gidado Bakari and four companies.

    The four companies are Urban Shelter Ltd, Intercellular Nigeria Ltd, Sherwood Petroleum Ltd and Tri-Star Investment Ltd.

    The six accused persons had  stood trial for allegedly  serving as conduits and receiving bribes to facilitate natural gas contracts between 1994 and 2005.

    Justice Abubakar Sadiq Umar  said the prosecution had failed to diligently prosecute the case.

  • Halliburton: A good start for pmb

    SIR: In line with his electioneering campaign promises, President Buhari a couple of days ago, directed that an investigative committee made up of representatives of all the security agencies should complete the investigation into the much-publicized Halliburton bribery case.

    The Halliburton bribery case was a bribe-for-contract scandal which ravaged the Nigerian Liquefied Natural Gas (NLNG) projects. In the scam, billions of dollars of the nation’s money were wasted resulting in contract inflation and bribes for the leaders who supervised the deals on behalf of Nigeria and Nigerians. Even though, the trial conducted in the United States resulted in convictions, fines and forfeitures, the United States government has been reluctant to help Nigeria recover the funds, because of the failure of the government to prosecute the big-wigs behind the scam, as an Abuja high court struck out the case against six Nigerians who were arraigned in connection with the bribery scandal that took place between 1994 to 2004.

    Looting and collection of bribes has almost become a legitimate endeavor in Nigeria, especially If you are one of the “big boys” and you belong to the “looters club” or the “eating-class”. Being a member of the “club” provides free access to the treasury, lots of opportunities for looting, and also immunity and freedom from prosecution. It’s the small-time fronts who are usually arraigned and prosecuted by the anti-corruption agencies in the law court, while the “big-fishes” are left alone to enjoy their loots, living lavishly and cruising in choice exotic and flashy cars.

    Even when the big criminals are finally caught and taken to court for prosecution, many of the corrupt judges use the opportunity as privilege to collect their own share of the loot. The integrity of the judiciary has come under intense questioning from Nigerians, as a result of the ways corrupt public officers and officials were virtually given a pat in the back through sentences and fines that are far from being commensurate with the millions and billions they looted.

    Nigerians are waiting to see how the Halliburton bribery case unfolds as this will be used as a ‘litmus test’ to measure the sincerity, political will, the resolve and the commitment of this administration to fight corruption.  We hope to see more of the abandoned high-profile cases of corruption revisited by the Buhari administration, not only with the aim of bringing offenders to book and getting them to return their loots, but to serve as deterrent to others who may be willing and planning to dip their hands into the collective resources and wealth of Nigerians.

     

    • Hussain Obaro,

     Ilorin, Kwara State

  • Group to FG: Revisit Halliburton, Malabo, Siemens scandals

    A Civil Society Organisation under the auspices of the Citizens Arise Movement of Nigeria has given the Federal Government a 21 -day ultimatum to revisit the Halliburton, Malabo and Siemens scandal or face a mass protest across the country.

    Addressing journalist after a protest march at the a Eagle Square, Abuja, on Tuesday, the leader of the group, Dino Melaye said government should immediately declare the production and sales capacity of the nation’s crude oil per day.

    The protesters carried placard with various inscriptions such as: “Terrorism has no political party, save us, stop insurgency now,”  “Goodluck stop secret meeting with Boko Haram,” Malabo oil deal and subsidy thieves, “ “Rescue our Chibok girls now “ and “Enough of corruption,” among others.

    Melaye also asked the government to be transparent in the production and sale of the nation’s crude oil and wage total war on illegal oil bunkering and refineries.

    The former member of the House of Representatives urged the government to adequately mobilise and encourage the military to go full blast and defend the nation against insurgency and recapture very inch of Nigerian territory occupied by the insurgents.

    He said further the federal government should do everything possible to ensure that the abducted school girls are reunited with their families, while demonstrating total commitment to free, fair and credible in 2015.

  • $180m Halliburton scandal: AGF files N10.2b libel suit against Melaye

    $180m Halliburton scandal: AGF files N10.2b libel suit against Melaye

    •Melaye: we have not been served

    The Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), has filed a N10.2billion libel suit against the Executive Secretary of Anti-Corruption Network, Mr Dino Melaye, and the registered trustees of the non-governmental organisation (NGO).

    Besides asking for N10billion as damages for alleged libel, the minister, who is the first public officer in this administration to respond to allegations of corruption against him, has asked for N200million as the cost of litigation.

    The minister has assembled an 11-man team for the legal battle, including Bolaji Ayorinde (SAN); Donald Denigwe (SAN); Babajide Koku (SAN) and Ahmed Raji (SAN).

    But Melaye said yesterday he was not aware of the suit.

    He said: “We have not been served. When we are served, we will consult our lawyers and react appropriately. But I want to say that after he has failed trying to use the police to institute a criminal libel against us, he has finally gone to court and the court will further indict him.”

    Adoke said Melaye has damaged his reputation in a publication on April 12, where he accused the minister of corrupt practices, obstruction of justice for corrupt elements and an abuse of power.

    In the suit filed before the High Court of the Federal Capital Territory (FCT), the minister asked the court for “an order of perpetual injunction restraining Melaye and other defendants, their servants, agents or privies from further inferring in any manner whatsoever to the plaintiff’s reputation”.

    Melaye had raised seven allegations bordering on abuse of office against Adoke. They include the controversial cases on the N150billion allegedly recovered from the convicted former Oceanic Bank Managing Director, Mrs. Cecilia Ibru; the $180million Halliburton scandal and the return of Vaswani brothers to Nigeria after an alleged N2.5billion tax evasion.

    Some of the allegations leveled against the AGF by Melaye and the Anti-Corruption Network are as follows:

    •That Mrs Ibru, who was convicted by a Federal High Court to six months imprisonment following a fraud, was to forfeit over N150billion in cash and assets. But allegedly she entered into a plea bargain with the AGF in his office and, till date, nothing is heard on the money and the assets.

    •That the AGF refused to produce 14 witnesses that were to testify in the $180million (US) Halliburton bribery scandal, which led to the striking out of the case by Justice Abubakar Umar of an Abuja High Court.

    •That the AGF allegedly raised a memo on the case of the Vaswani brothers, who were deported for a second time in April 2009 for an alleged N2.5billion tax evasion, that they should be allowed to return to Nigeria.

    •That a case of N10billion money laundering against a former Executive Vice –Chairman of Intercontinental Bank, Erastus Akingbola, at a Federal High Court, was struck out by Justice Dan Archibong on the grounds of shoddy prosecution; yet, the AGF allegedly refused to re-file the charges.

    But in his statement of claim, Adoke averred that the “defendants deliberately, carelessly and intentionally authorised the publication of the words referred to herein knowing fully well that the words as published and as concerning the plaintiff meant in their natural and ordinary meaning in the estimation of all right thinking persons to be the following:

    •“That the plaintiff is a dishonourable person, who associates himself with criminals and economic saboteurs.

    •“That the plaintiff, even though a top government official, is sabotaging the efforts of the Federal Government of Nigeria to tackle the menace of corruption.

    •“The plaintiff is dishonest and dishonourable by providing assistance to oil thieves and other criminals.

    •“That the plaintiff seeks for and receives bribes or other forms of pecuniary advantage in other to assist the selfish aims of the plaintiff and persons indicted of crime.

    •“That the plaintiff is not a fit and proper person to occupy any position of authority or responsibility including that of the Attorney-General of the Federation.

    “It is further averred that the defamatory publication by the defendants were specifically directed to the plaintiff and no other person.

     

  • Halliburton: Ex-Air Force chief denies involvement

    Former Chief of Air Staff (COAS), Abdullahi Dominic Bello, has denied involvement in the $182 million Halliburton bribery scandal.

    Bello, who is also the Chairman of Southsouth international magazine, said it was painful that some media establishments were still mentioning his name in the scandal despite attempts to set the record straight.

    A statement issued on Sunday by the magazine’s Editor-in-Chief, Ovie Edomi, said Bello was erroneously linked with the $180 million Halliburton bribe.

    He went on: “This can be verified from Mr. Jeffery Tesler, who though is serving a jail term in the United States, sent an email to clear AVM Bello of involvement when the issue relating to prosecuting the principal suspects came up in Nigeria and US.”

     

     

     

  • Falana hails Fed Govt over plan to reopen Halliburton case

    Rights activist, Femi Falana (SAN), has hailed the Federal Government’s plan to reopen the bribery case involving Halliburton.

    He urged the government to extent such plan to similar cases involving other multinational companies.

    Halliburton is one of the world’s largest oil field services companies with operations in more than 70 countries.

    Falana, in a statement yesterday, urged the Attorney-General of the Federation (AGF) to ensure that a new team of patriotic prosecutors is constituted to prosecute the suspects in the scandal.

    He noted that the manner the cases were treated by past administrations caused Nigeria an international embarrassment.

    The eminent lawyer said while multinational companies involved in criminal activities were left off the hook under questionable circumstances, the same companies were punished in other climes, particularly their home countries.

    He cited the case of Wilbros International, which was made to pay about $32.32million fine in the United States for similar offence it committed in Nigeria.

    The frontline lawyer said the company was neither prosecuted nor subjected to any punitive measures in Nigeria.

    The Senior Advocate of Nigeria (SAN) also listed companies, such as Halliburton, Kellogg Brown & Root LLC (KBR), Julius Berger Nigeria Plc, Royal Dutch Shell Plc, Shell Nigerian Exploration and Production Company Limited, Siemens AG and Daimler AG, that allegedly escaped punishment in the country.

    He alleged that they were penalised in either the United States or Germany for similar offences they were allowed to get away with in Nigeria.

    Falana said: “No doubt, the decision of the Goopdluck Jonathan administration to re-open the case is in the national interest. But the Attorney-General of the Federation (AGF) must ensure, this time round, that a new team of patriotic prosecutors is constituted to handle the prosecution of the suspects involved in the Halliburton scandal.

    “The cases of Siemens, Willbros and similar scandals, which have questioned the commitment of the Federal Government to fight corruption, should be re-opened without any further delay.

    “From the reports of several investigation panels, the Halliburton scandal indicted that three former Heads of State, a former Inspector-General of Police, former ministers and permanent secretaries. Although some of the suspects indicted in the inquiry made confessional statements, they were not charged to court.

    “Some of the privies of the principal suspects, who were eventually arraigned in court were let off the hook for want of diligent prosecution…”

  • Remembering Halliburton, etc.

    Remembering Halliburton, etc.

    •When will Nigeria follow the lead of the Western countries and bring convicts culprits?

     

    It is well known that the United States and Germany are the parent nations of the companies involved in the Halliburton and Siemens bribery scandals that rocked the nation for some time. What is instructive, however, is the attitude of the two countries to the scandals, compared to Nigeria’s.

    The infamous Halliburton/KBR scandal was a classic example. About $180m was exchanged for a contract to build the Nigeria Liquefied Natural Gas Plant, while Siemens was involved in £17.6m scandal. The interesting point is that while Nigeria failed to prosecute people involved in the scandals, foreigners involved in the Halliburton scam were convicted and fined heavily in both the US and UK. Perhaps, it was in order to please the agitated public on this incidence of “justice at a distance and not at home” that the late President Umaru Yar’Adua government set up an inter-agency panel to investigate the scandals and bring the culprits to book. But the panel, as usual, produced no result as conspiracy and antics among government officials, led by the then Minister of Justice, Mr. Michael Aondoakaa (SAN) infuriated the Justice Abubakar Umar of Abuja High court who struck out the case being brought up, following the failure of the prosecution to arraign the three suspects for the one year that the trial lasted.

    High level political influence has been identified as a factor for the poor handling of court trials in Nigeria. For instance, the EFCC had also filed charges against former Vice – President of the US and Halliburton CEO, Mr Dick Cheney while, in December, 2010, the commission agreed to drop the charges because the government reported that Halliburton had agreed to pay $250m in fines.

    While Nigeria was still unable to do something about any of these scandals, the United States Department of Justice on January 18 announced that a Japanese construction firm, Marubeni Corporation, agreed to pay a $54.6 million criminal penalty for allegedly bringing officials of the Nigerian government to facilitate the award of the $6 billion Liquefied Natural Gas contract in Bonny, Nigeria, to a multinational consortium, TSKJ. Note that the scheme had involved payment of bribes to Nigerian government officials between 1995 and 2004, in violation of the United States Foreign Corrupt Practices Act.

    Similarly, two Britons and an American were sentenced in Texas for conspiring to channel the $180m bribes to Nigerian politicians and officials. Yet, there are still others: a Briton, Jeffrey Tesler, a London lawyer, was sentenced after pleading guilty about his role in the bribery. Tesler, 63, bagged 21 months in federal prison, followed by two years of supervised release for delivering $132m in bribes for KBR and partners. He also forfeited $149m as part of his plea deal. Also, an American executive, Jack Stanley, 69, said to be the mastermind behind KBR’s Nigeria bribery scheme, was sentenced to 30 months in prison and three years on probation, following his release on bail for $100,000.

    Now the point: while the United States, Germany and UK came hard on the trials of their nationals involved in the scandals after investigation, their Nigerian partners have enjoyed immunity from prosecution by their government, just like in many other crimes. This has prompted suggestions that the National Assembly should amend the laws that established the anti-graft agencies to make them absolutely independent of manipulation by the executive. We support this call.

    But the bottom line for now is: we have seen the punishments given to people involved in Halliburton and Siemens’ scandals in their countries; when shall we see the Nigerian counterparts of the foreigners involved in these scandals punished in their own country, Nigeria?