Tag: Lamido Sanusi

  • Oil minister’s, bankers’ role in Sanusi’s ouster

    Oil minister’s, bankers’ role in Sanusi’s ouster

    Suspended Central Bank of Nigeria (CBN) Governor Sanusi Lamido Sanusi, in a New York Times’ report, gives an insight into his hurried exit from the apex bank

    Even in a country where untold oil wealth disappears into the pockets of the elite, the oil corruption scheme he was investigating seemed outsize — and he threatened to lay it bare at a meeting with Nigeria’s top bankers.

    The rabble-rouser was none other than the governor of the country’s central bank. Weeks later, however, he was out, fired by Nigeria’s president in an episode that has shaken the Nigerian economy, filled newspapers and airwaves here, and even inspired a rare street demonstration.

    The bankers were going to have to open their books, the governor, Lamido Sanusi, warned them at the recent meeting. He wanted to see where the money was going — $20 billion from oil sales that, mysteriously, was not making its way to the treasury, in a country that could soon be declared Africa’s biggest economy and already attracts the most direct foreign investment on the continent, according to the United Nations.

    But his suspicions were cutting too close, Mr. Sanusi said — too close to an oil-politics nexus that both feeds the political establishment in Nigeria, in his view and that of analysts, and deprives the country of vital revenue.

    The charge of missing oil money is not new in Nigeria. In recent years, government commissions, parliamentary inquiries and civil society groups have all pointed to serious shortfalls in the disbursement of oil revenues. Their findings have been ignored.

    This time, the accusations appear not to be going away: Never before has an official at Mr. Sanusi’s level made them.

    In interviews here, Mr. Sanusi gave a detailed account of the events that he said led to his ouster on Feb. 20, a dismissal that continues to depress the country’s currency and frighten investors. He said his warning to the bankers had been reported straight back to the threatened seat of power in the country’s capital, Abuja.

    It was too much, he said. With his accusations, which outside analysts consider credible, the soft-spoken, bow-tied central banker appeared to have penetrated to the heart of the country’s entrenched corruption problem.

    In 2009, Mr. Sanusi took aim at Nigeria’s failing banking sector, shutting down fraudulent banks, uncovering theft that led to an unprecedented conviction, and earning trust in international financial markets. He was named central bank governor of the year by The Banker magazine in 2011, and is a suited-up member of his country’s establishment, as an heir to the position of emir in the ancient northern city of Kano, one of Nigeria’s highest-status designations.

    But then he began taking on the government oil agency, which determines whether oil-dependent Nigeria rises or falls. Specifically, he accused the Nigerian National Petroleum Corporation — the agency that buys, sells, regulates and produces the country’s oil — of not turning over earnings to the country’s central bank. The country is Africa’s largest oil exporter, oil prices were steady or rising, yet Nigeria’s financial reserves were falling. It was a mystery. The money was missing. Mr. Sanusi said he feared an eventual collapse of Nigeria’s currency.

    Backed by calculations, he presented his findings to a Nigerian Senate committee early in February. “A substantial amount of money has gone,” Mr. Sanusi said in an interview at the mansion reserved for the country’s central banker, which he will soon have to leave. “I wasn’t just talking about numbers. I showed it was a scam.”

    At a time when political energy in Africa’s most populous country is focused on next year’s elections — and staying in power is costly for a governing party that functions as a patronage machine — Mr. Sanusi knew exactly which interests he had menaced, he said. He had been warned to “cool down.

    “By making N.N.P.C. an issue now, the source of money for financing elections is threatened,” Mr. Sanusi said, referring to the petroleum corporation. “If this is stopped, there will be no money to finance the elections.”

    On the other hand, if it was not stopped, the risk to Nigeria’s economy was grave, the central banker suggested. “It was critical that we stop this hemorrhage,” he said. “Otherwise, we can’t maintain stability. Reserves had gone way down. We would watch the naira collapse,” he said of the nation’s currency.

    Alarmed, Mr. Sanusi said, he went in front of Nigeria’s top banking heads for a semimonthly meeting on Feb. 11 and “threatened to open the books of the bankers, to trace the money.” He suspected some were laundering stolen oil money.

    “Some of them were not giving information about their accounts,” the central banker said. “I told them I would order a special examination.”

    One of the bankers at the meeting said, referring to the Central Bank of Nigeria, “He made it clear to them that the C.B.N. would need to unravel what was going on, and they should cooperate.”

    Many of the bankers became angry. “One of us said, ‘What next?’ “ a second banker said. “There was a general heaviness. He spoke tough.” Both bankers requested anonymity.

    Panicked, several of the bankers went straight to the government, Mr. Sanusi said. Two of the bankers — he would not identify them — “went and reported to the petroleum minister,” he said. And at that moment, his days were numbered.

    “The strategy of the government was to discredit the messenger,” he said. The Nigerian president “doesn’t want me to bring out any more information that would get them into trouble.”

    Mr. Sanusi’s account is “untrue,” a spokesman for President Goodluck Jonathan said.

    “Mr. Sanusi has been making all kinds of claims to project himself as a victim,” the spokesman, Reuben Abati, said in an email, accusing the former bank governor of “financial recklessness, abuse of mandate, incompetence and criminal acts of negligence.”

    Mr. Sanusi has not been charged with any crimes, and the most Mr. Jonathan held him responsible for in a series of counteraccusations that emerged after the bank governor raised an alarm over the oil money was having perhaps “sidestepped civil-service rules.”

    Outside analysts appear to be in large agreement that Mr. Sanusi’s claim of vast missing oil revenues is plausible.

    Nigeria’s state oil sales “feature undue complexity, extensive discretion and well-documented flaws,” Revenue Watch, a group focused on natural-resource management, wrote in an examination of the central banker’s declarations. “In such a system, the line between mismanagement and corruption is difficult to draw, as shortcomings in process often benefit specific private interests.”

    One such “shortcoming” was laid bare by Mr. Sanusi last month to the parliamentary committee: a phony subsidy on kerosene that he determined to be a racket, costing the Nigerian treasury billions of dollars and greatly benefiting what he called a “syndicate” of marketers and unknown others. Mr. Sanusi showed that any official subsidy on kerosene had long since been abolished, that the petroleum corporation was nonetheless selling kerosene to marketers at less than a third of its purchase price on the international market and that the Nigerian marketers were then selling kerosene to the public at prices 300 to 500 percent above what they had paid for it.

    “It’s just a big scam,” Mr. Sanusi said in the interview. “The amount is shared by a cabal.”

    Though his official term would have ended in June anyway, Mr. Sanusi said, he is challenging his removal in court. In a judiciary that is only lightly insulated from political pressure, the outcome is uncertain, though perhaps not with the wider public. One of the bankers at the Feb. 11 meeting said: “For me personally, I don’t think there’s anything wrong with the position he has taken. We are Nigerians. We owe it to this country that things are run properly.”

    One of Nigeria’s leading activists, Tunde Bakare, a founder of the pro-democracy organisation Save Nigeria Group, said: “This is going to be tried in the court of public opinion. We can’t wish this matter away. Twenty billion dollars is not going to go away overnight.”

     

     

     

  • The Economist: decision to sack Sanusi is bad news

    The Economist: decision to sack Sanusi is bad news

    WHEN President Goodluck Jonathan suspended Lamido Sanusi, the governor of Nigeria’s central bank, on February 20th, he succeeded in removing an opponent. But over the past week it has become clear that this small victory has come at a steep price. Not only has Mr Jonathan signalled his unwillingness to tackle the rampant corruption that is eating away at his country—he has also scared foreign investors and presented an open goal to his political enemies.

    The outspoken Mr Sanusi courted a stormy end to his tenure, due to finish in June, by accusing the state oil company, the Nigerian National Petroleum Corporation (NNPC), of failing to remit $20 billion in revenues to government accounts. The ministry of finance puts the figure at $10.8 billion. Mr Jonathan says he suspended Mr Sanusi because of “financial recklessness and misconduct” and “far-reaching irregularities” at the bank. But the decision came just days after Mr Sanusi presented detailed evidence to a Senate committee investigating alleged fraud and mismanagement at the NNPC. Most concluded that the suspension was politically motivated.

     

  • Oil sector fraud …Many unanswered questions

    Oil sector fraud …Many unanswered questions

    The Senate Committee on Finance, probing the alleged mismanagement of oil proceeds, will reconvene on Thursday. Eric Ikhilae, in this report, observes that rather than help resolve knotty issues thrown up so far, the legal opinion given the committee by the Attorney General of the Federation (AGF), Mohammed Adoke (SAN), has raised more questions for which the senators now seek answers.

    Suspended Central Bank of Nigeria (CBN) Governor Lamido Sanusi jolted all when he alerted the nation to the practice by the Nigerian National Petroleum Corporation (NNPC) of withholding part of its earnings. He said the NNPC has failed to remit an estimated $20billion into the Federation Account.

    The disclosure by Sanusi caused the Senate, through its Committee on Finance, headed by former Kaduna State Governor, Senator Ahmed Makarfi to open investigation into the management of the nation’s oil affairs.

    Since it commenced sitting, the committee has taken submissions from key players in the nation’s oil, revenue management and legal sectors. The first set of invitees included the Coordinating Minister of the Economy and Finance Minister, Ngozi Okonjo-Iweala, Petroleum Minister, Mrs Diezani Alison-Madueke and the Group Managing Director of the NNPC, Andrew Yakubu.

    Mrs Alison-Madueke and Yakubu, in the course of their presentations, raised some issues. Yakubu stated that part of the funds Sanusi accused NNPC of withholding had actually been expended on operational expenses, including the payment of some billions of US Dollars to some unnamed oil firms in kerosene subsidy claims.

    He also claimed that NNPC paid $6billion to one of its subsidiaries – the Nigerian Petroleum Development Company (NPDC) – to defray its operational expenses.

    Mrs Alison-Madueke, in attempting to rationalise her ministry’s position on the issue, justified the continued payment of subsidy on kerosene after a presidential directive in 2009 halting such payment.

    She argued that an inter-ministerial committee elected to continue with the kerosene subsidy payment, even without the National Assembly’s approval, because the presidential directive was not gazetted.

    Unsure of the position of the law in relation to issues raised by Alison-Madueke, Yakubu and others, the Makarfi committee sought the opinion of the Attorney General of the Federation (AGF), Mohammed Adoke (SAN).

    During his appearance on February 20, Adoke read a prepared speech, in which he addressed only two out of the three issues he formulated. When Adoke exited the committee’s sitting venue, with a promise to return at a later date, everyone, including the committee’s members were not better educated. In fact, they became more curious.

    This may have resulted from Adoke’s unsatisfactory resolution of the three issues he formulated and those for which the committee had sought his expert opinion, which the committee’s members described as key to their investigation.

    The legitimacy of Adoke’s position, as queried by former Minister of Finance, Senator Nenadi Usman (a member of the committee) and the outright denial by NPDC’s Managing Director, Iyowuna Briggs that his company did not receive $6b from NNPC, contributed to people’s heightened hunger for explanations from those managing the nation’s oil affairs.

    It was part of Adoke’s opinion that NNPC could legitimately transfer its participating interest in OMLs to its wholly owned subsidiary, and in this case, the NPDC.

    He relied on the provisions of Paragraph 14 to 16 of the First Schedule to the Petroleum Act Cap P10 LFN 2004 (NNPC Act) and Regulation 4 of the Oil Drilling and Regulation 1969 (as amended), Section 6(1)(c)of the NNPC Act, Article 19(2) of a Joint Operating Agreement, otherwise known as Shell/NNPC JOA and Article 2 Para 6 (1) of the JOA to support his position.

    The second issue was whether all revenue derived by NNPC from its upstream petroleum operations, including all those under which the OMLs in the Joint Ventures operated by its subsidiaries fall under, are payable to the Federation Account (FA) under Section 162 of the Constitution’.

    Adoke’s view on the issue was that it was only the net revenue that should be paid into the FA. He said what NNPC is required to pay into the FA is the net revenue as opposed to the gross revenue.

    In supporting his position, Adoke relied on the provision of Section 7(4) of the NNPC Act, which he said complements Section 162(10)(C) of the Constitution. He also cited the Supreme Court decision in the case of AG, Ogun State vs AGF 2002 18 NWLR part 798 page 232 at 284.

    Section 162 (10) provides that:

    “ For the purposes of subsection (1) of this section, “revenue” means any income or return accruing to or derived by the Government of the Federation from any source and includes- (a) any receipt, however described, arising from the operation of any law; (b) any return, however described, arising from or in respect of any property held by the Government of the Federation; (c) any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body”.

    While Section 7(4)(b) of the NNPC) Act provides that “such monies as may be received by the Corporation in the course of its operations or in relation to the exercise by the Corporation of any of its functions under this Act, and from such fund there shall be defrayed all expenses incurred by the Corporation”.

    Adoke said he could not immediately provide response to the third issue about whether due process was followed by the NPDC in engaging strategic partners for the funding and operations of the oil blocks assigned to it by the NNPC.

    The AGF, who promised to return back to address the issue, explained the relevant agencies delayed in providing him with necessary documents to enable him address the issue.

    When asked by former Special Assistant to the President, Senator Andy Ubah whether Section 7(4) of the Act did not conflict with Section 162 (10)( C ) of the Constitution, the AGF said “it does not conflict with the constitutional provision. In fact, it complements it.”

    Another member, Senator Isah Galaudu (Kebbi) observed that the AGF did not address the issues on which the committee sought his opinion, but rather, raised three issues on his own, from among which he answered two.

    He said the AGF addressed the second issue, relating to what the NNPC is required to pay into the FA, without any foundation. This, Galaudu said, was because the resolution of issue two is dependent on the proper resolution of issue three, which the AGF sought time to address.

    Galaudu said “if we do not resolve the issue of due process in the engagement of strategic partners, the issue of distributing revenue does not arise. I think we need to answer question three before you can know the answer to question two.”

    He said the most important legal opinion the committee needs from the AGF is in respect of an issue raised in page 14 of the committee’s letter to the AGF, where it was indicated that about $7b worth of crude was shipped by NPDC.

    Another member, Ayo Akinyelure (Ondo) sought to know from the AGF, the definition of net revenue. He asked if there was any clear definition of allowable expenses deductible from the gross revenue specified in the NNPC Act.

    He said the definition should be in figures so that the component of the net revenue due to be remitted into the FA out of the N6b is spelt out. He said the committee is only concerned about the true position of things.

    Reacting, the AGF said the issues raised by Galaudu were not contained in the letter sent to him by the committee. Adoke said he distilled the issues he addressed from the information contained in the letter he received.

    Makarfi, who immediately directed that the missing part of the letter be given to him, said the committee was actually interested in hearing from the AGF, what portion of the money NNPC claimed to have paid to NPDC ought to be remitted into the FA.

    He said although issues two and three were related, they are distinct. “One is that, if you have a property worth 1billion, if you sell it for 100m, you cannot begin to talk of how much you lost because you sold it at 100m. You can talk of, maybe how stupid you were, because you were the one that sold it for 100m.

    “But where public property is concerned, the issue of whether due diligence was exercised in assigning or transferring the public property in such a way and manner that the revenue that should accrue to government was just and fair revenue should be ascertained.

    “The summary, the Attorney General, is that the pages we have quoted will be given to you once again. You will combine those pages we have quoted with the outstanding issue, which is central; because the issue of due process is central to this issue. That is where, possible loss of revenue can be established. “ Makarfi said.

    The NPDC MD also provided a puzzling dimension to the investigation, when during his appearance on February 20 he denied receiving $6b from NNPC, but that his company only received money from the NNPC to fund its budget.

    “Giving its funding relationship with its parent company, the NNPC, NPDC will like to confirm that it received funds from NNPC to cover its capital and operating expenditure, as approved by NNPC for the NNPC funded assets during the period under review ( that is, Jan 2012 to July 2013),” Briggs said.

    When asked by Makarfi, how much NPDC received out of the $6b, which NNPC claimed to have paid to it, Briggs said “we did not, in NPDC account, receive $6b. Like I stated in the letter, from the account managed by NNPC, royalty and taxes are paid. We receive funds that are required to fund the budget. A specific amount of that I can provide.” He promised to provide that at a later date.

    At that point, Mrs Usman drew members’ attention to page six of the AGF’s presentation and observed that by the AGF’s opinion, NPDC is required to pay only the net profit, which is the dividend, to the NNPC for onward remittance to the FA. She noted that this opinion by the AGF is at variance with the position of the NPDC boss.

    She observed that the NPDC boss, in his presentation, said his company is not expected to pay anything to the NNPC, and that all the funds given to the NPDC, was to fund its budget, an observation Briggs confirmed, represented his position.

    Mrs Usman then concluded that “it means even this legal opinion (by the AGF) is wrong then.”

    Bothered by Briggs’ denial, another member, Adamu Gomba (Bauchi) asked the NNPC boss – Yakubu, whether he was comfortable that the NPDC MD denied receiving any $6b from NNPC, a query Yakubu promised to address later.

    Yakubu said he will address the issue along with other questions regarding how the NNPC relates with its subsidiaries and manage their funds when next he appears before the committee.

    While everyone expects more revelations as the committee reconvenes on March 6, The Nation sought the views of some lawyers on the legitimacy of the positions of the AGF and the Minister of Petroleum.

    Dr. Abubakar Uthman and Adetokunbo Mumuni faulted the position of the AGF that NNPC was only required to pay into the FA, its net revenue. Also, Johnson Daramola and Anthony Nwanchukwu faulted Alison-Madueke’s position that it was right for her ministry to have overridden the presidential directive on kerosene subsidy.

    Uthman argued that there is nothing in Section 7 (4) of the NNPC Act that confers the power on the NNPC to refuse to pay into the FA, monies realised from the sale of crude, on the excuse that it must first, defray expenses it incurred in the course of running of its affairs.

    He further argued that Section 7 (4) of the NNPC Act cannot override Section 162 (1) of the Constitution, which is the basic law of the country. Uthman argued that by virtue of it being the grundnorm, the Constitution is the highest statute in the hierarchy of legislations in the country, which could give validity and efficacy to the NNPC Act.

    “In other words the NNPC Act is an inferior legislation to the Constitution because it derives its validity from the Constitution. It goes without saying that where the provisions of an inferior legislation, such as the NNPC Act, conflicts with the Constitution, it (the inferior legislation) must yield ground for the superiority of the Constitution.

    “I am, therefore, surprised that the learned AGF would take umbrage under the provisions of Section 7 (4) of the NNPC Act to justify the failure of the NNPC to account for an humongous sum of $ 20 billion.

    “It follows that revenue derives by the NNPC from the sales of crude oil amounts to any income or return accruing to or derived by the Government of the Federation from any source as contemplated by Section 162 (10) (a) (b) & (c) of the Constitution.

    “Where the words used in a statute are clear and unambiguous, they must be given their ordinary and natural meaning otherwise it will lead to absurdity.

    From the provision of the Constitution, revenue from the sale of crude does not fall within the exception provided by Section 162 (1) of the Constitution and so, the NNPC is obligated to remit revenue realised from the sale of crude into the FA,” he said.

    Uthman also faulted Adoke’s reliance on the case of the AG Ogun vs AGF (2002) 18 N. W.L. R (Part 798) 232 @ 284 on the ground that the facts of that case and the case under review are not the same.

    He said in the AG, Ogun case, the plaintiff had sought the payment of proceeds of privatization of public enterprises, capital gains tax and stamp duties into the FA, and an order that the payment of Local Government Allocation directly to the Local Government and charge of Federal Government debt to the FA is unconstitutional.

    The lawyer noted that in the case, the issue is whether the NNPC was right to have refused to remit the $20 billion realised as revenue from the sale of crude oil into the FA. “Thus the case of the AG, Ogun vs AGF cannot be the authority for the failure of the NNPC to remit revenue collected by it from the sale of crude oil as canvassed by the AGF.

    Mumuni argued that the advice by the AGF “is patently inconsistent with the letter and spirit of Section 162 of the Constitution, which is to establish a dedicated account into which all public revenue by the Federal Government shall be paid, as well as to remove any arbitrary and non-transparent and non-accountable spending of public revenue.

    “Assuming, for the sake of argument, that the NNPC is required to pay into the FA only the ‘net revenue’ and not the ‘gross revenue’ as Mr. Adoke has argued, this will still not remove the fact that the NNPC is a trustee of the public revenue collected.

    Therefore, as a trustee, the NNPC has a legal duty to render account to the beneficiaries (Nigerians) of the trust, if and when called upon to do so. We believe that the NNPC has woefully failed to discharge this sacred responsibility.

    “Unfortunately, the impression created by the legal advice by the AGF is that the NNPC is not obligated to render account. This is clearly inconsistent with the attitude of a government that has repeatedly expressed commitment to fight corruption, and in fact signed the Freedom of Information (FoI) Act,” Mumuni said.

    On the whether the Petroleum Minister was right to have ignored a subsisting presidential directive, Daramola argued that it was unlawful for a minister to override presidential directive just because it was not gazetted.

    “A presidential directive remains a directive whether gazetted or not. I think those, who advise these government officials always end up misdirecting them,” Daramola said.

    In similar vein, Nwachukwu faulted the Petroleum Minister’s position and argued that it was wrong under the law, for her to claim that she was a party to the disobedience of a presidential directive on the ground that it was not gazetted.

     

  • Unveiling  Nigeria’s  Financial  Reporting  Council

    Unveiling Nigeria’s Financial Reporting Council

    Ibrahim Apekhade Yusuf and Bukola Afolabi in this report go behind the headlines to examine the Financial Reporting Council of Nigeria (FRCN), a body, relatively unknown by most Nigerians

    SAVE for a few Nigerians, not many people had the faintest idea what the functions and roles of the Financial Reporting Council of Nigeria (FRCN) were in the nation’s financial service sector until it name came to the fore last Thursday following the suspension of the Central Bank of Nigeria (CBN) governor, Mallam Lamido Sanusi by President Goodluck Jonathan.

    In fact, when many hear FRCN their minds go to the Federal Radio Corporation of Nigeria.

     

    Crux of the matter

    The FRCN had released a damning report on the operations of the apex bank under the leadership of Sanusi.

    In the 13-page report which was made available to the media penultimate Friday, the council alleged financial impropriety against the suspended CBN governor.

    The FRCN reportedly took Sanusi to task concerning a query by President Goodluck Jonathan in 2013, over the apex bank’s expenditure.

    President Jonathan had on Thursday ordered the suspension of Mr. Sanusi and directed him to hand over to Sarah Alade, the most senior Deputy Governor of the bank.

    The Special Adviser to the President on Media and Publicity, Reuben Abati, who broke the news, said Sanusi committed acts of financial recklessness and misconduct that are inconsistent with the vision of the apex bank.

    According to the statement, “Having taken special notice of reports of the Financial Reporting Council of Nigeria and other investigating bodies, which indicate clearly that Mallam Sanusi Lamido Sanusi’s tenure has been characterized by various acts of financial recklessness and misconduct which are inconsistent with the administration’s vision of a Central Bank propelled by the core values of focused economic management, prudence, transparency and financial discipline;

    “Being also deeply concerned about far-reaching irregularities under Mallam Sanusi’s watch which have distracted the Central Bank away from the pursuit and achievement of its statutory mandate; and being determined to urgently re-position the Central Bank of Nigeria for greater efficiency, respect for due process and accountability, President Goodluck Ebele Jonathan has ordered the immediate suspension of Mallam Sanusi Lamido Sanusi from the Office of Governor of the Central Bank of Nigeria.”

    The report of the Council which was made public by Abati, claimed that the embattled Sanusi spent a whopping N1.257 billion for lunch for policemen and private guards in 2012.

    The Council also alleged that Sanusi made bogus payments to airlines for currency distribution as well as held an account balance of N1.423 billion for an unidentified customer since 2008.

    It also accused the apex bank governor of violating financial regulations and carrying out activities with financial implications not related to the CBN’s mandate.

    Other crimes allegedly committed by Sanusi, according to the Council, included approval of billions of naira in ambiguous payments to invoices referred to as “Centre of Excellence” and “Contribution to Internal National Security,” and the CBN’s claim that it paid N38.233 billion to the Nigerian Security Printing and Minting Company Plc in 2011 for the “printing of bank notes” whereas the turnover of the entire printing and minting company group is N29.370 billion.

    In view of its findings, the Council urged the President to exercise the powers conferred on him by Section 11 (2) (f) of the Central Bank of Nigeria Act, 2007 or invoke Section 11 (2) (c) of the said Act and cause the Governor and the Deputy Governors to cease from holding office in the CBN and also direct the Financial Reporting Council of Nigeria to carry out a full investigation of the activities of the CBN.

     

    FRCN crisis of identity

    Before now, not many Nigerians knew much about the agency. To Jide Afolayan, a lecturer at the Ado Ekiti Polytechnic, as far as he was concerned, the body was probably one of those privately-owned organisations.

    Unlike Afolayan, who is probably mistaken as far as the true identity of the FRCN is concerned, Theophilous Pius, a lawyer, however argued that the body is a funny contraption under the law.

    “Honestly, let me say this and I have said it in several fora, I say without equivocation that the laws setting up the FRCN, I call it a draconian law, it’s just like all these agencies set up with executive fiat with little or no regard for due process.”

    Determined to get the agency’s reaction s to some of the issues proved abortive as the Executive Secretary/CEO, Obazee Osayande told The Nation pointblank in a telephone chat that he was not ready to entertain any such comments on the agency’s activities.

     

    FRCN unveiled

    The Financial Reporting Council of Nigeria (FRCN), formerly the Nigerian Accounting Standards Board (NASB), was established in 1982 as a private sector initiative closely associated with the Institute of Chartered Accountants of Nigeria (ICAN).

    However, NASB became a government agency in 1992, reporting to the Federal Minister of Commerce. The Nigerian Accounting Standards Board Act of 2003 thus provided the legal framework under which NASB set accounting standards. Membership includes representatives of government and other interest groups. Both ICAN and the Association of National Accountants of Nigeria (ANAN) nominate two members to the board.

    The primary functions as defined in the act of July 10, 2003 were to develop, publish and update Statements of Accounting Standards to be followed by companies when they prepare their financial statement, and to promote and enforce compliance with the standards.

    IASB had published many of the earlier standards prepared by the International Accounting Standards Committee and its successor the International Accounting Standards Board, but was more involved in enforcement than in updating to the more modern International Financial Reporting Standards (IFRS).

    On May 18, 2011 the Senate passed the Financial Reporting Council of Nigeria Bill, which repealed the Nigerian Accounting Standards Board Act and replaced it with a new set of rules. The decision was in line with a report submitted by Senator Ahmed Makarfi Chairman of the Senate committee on Finance.

    The Executive Secretary of NASB, Jim Osayande Obazee, had strongly supported this bill, which he said would align Nigeria with other countries and improve investor confidence.

    Subsequently, in June 2011, the Governor of CBN, spoke at a fundraising dinner organised by the NASB for the IFRS academy, with Lamido Sanusi noting at the time that the IFRS would help attract foreign direct investments to Nigeria, even as the NASB Chairman, Michael Adebisi Popoola, called for abrogation of regulations and laws that are incompatible with IFRS.

    The Financial Reporting Council Bill was thus signed into law on July 20, 2011.

    Justifying the move, Dr. Olusegun Aganga, Minister of Trade and Investment, observed that: “More meaningful and decision enhancing information can now be arrived at from financial statements issued in Nigeria because accounting, actuarial, valuation and auditing standards, used in the preparation of these statements, shall be issued and regulated by this Financial Reporting Council. The FRC is a unified independent regulatory body for accounting, auditing, actuarial, valuation and corporate governance. As such, compliance monitoring in these areas will hence be addressed from the platform of professionalism and legislation.”

    A 2010 report commissioned by the International Monetary Fund said that the NASB did not have adequate funding to achieve its statutory role. NASB urgently needed to hire new staff, retrain existing staff and offer more attractive pay.

    Some corporate members of the FRCN include: Central Bank of Nigeria, Corporate Affairs Commission, Federal Inland Revenue Service, Federal Ministry of Commerce, Federal Ministry of Finance, Auditor-General for the Federation, Accountant-General of the Federation, Securities and Exchange Commission, Nigerian Accounting Association.

    Others are the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture, Nigeria Deposit Insurance Corporation, Institute of Chartered Accountants of Nigeria, Nigerian Institution of Estate Surveyors and Valuers, Association of Nigeria Accountants, Chartered institute of Taxation of Nigeria.

  • Presidency plots  to put Sanusi on trial

    Presidency plots to put Sanusi on trial

    The Federal Government is not done yet with Mallam Lamido Sanusi whom it suspended on Thursday as Governor of the Central Bank of Nigeria (CBN).

    There are indications that the suspension may be followed soon with the arraignment of the Kano prince for ‘misconduct.’

    The findings of the Financial Reporting Council of Nigeria (FRCN) on the administration of Sanusi in the CBN which government used as a basis for his ouster indicted him for financial recklessness including commitment of N168 billion of public funds to the execution of intervention projects across the country.

    Some governors elected on the platform of the Peoples Democratic Party (PDP) are believed to have joined the league of those pushing for Sanusi’s trial.

    Already, Sanusi has been placed under surveillance by security agencies.

    It was gathered that some forces in the presidency had a secret session in Abuja at the weekend and resolved to have a go at Sanusi.

    They said the that findings of the FRCN against Sanusi should be put before the court to determine his guilt or not.

    Some of the forces also felt the trial would humiliate Sanusi and force him to keep quiet on the $20billion oil funds.

    It was learnt that the moves to subject Sanusi to trial accounted for the desperate bid to set security agencies after him to effect his arrest and hound him into detention.

    But Sanusi was, however, able to stumble on intelligence report on the plot to arrest him while making contacts in Niamey, Niger Republic.

    It was based on the intelligence report that Sanusi changed his landing flight schedule from Abuja to Lagos.

    A reliable source said that the anti-Sanusi forces are out to deal with him for ‘confronting’ the president on the $20billion oil revenue.

    Said one source: “They were pissed off that Sanusi ignored the president’s advice that he should resign. They said Sanusi had tried to undermine the presidency.

    “In fact, some PDP governors have joined the gang-up against Sanusi because they have assumed that Sanusi is speaking the voice of the opposition.”

    Investigation by our correspondent confirmed that the first part of the plot is to arrest and detain Sanusi to “break his spirit.”

    “I think there was a leakage of the initial part of the scheme which made Sanusi to divert his flight to Lagos from Niamey instead of Abuja,” a source added.

    Sources said that security agencies are monitoring Sanusi’s movement.

    “They have placed him under surveillance because of fears that he might relocate abroad. You know some foreign missions are interested in his travails because of the $20billion ‘missing’ oil cash.”

  • Jonathan suspends Sanusi, appoints acting CBN governor

    Jonathan suspends Sanusi, appoints acting CBN governor

    President Goodluck Jonathan on Thursday ordered the immediate suspension of Mallam Sanusi Lamido Sanusi as Governor of the Central Bank of Nigeria.

    He also directed Sanusi to hand over to the most senior Deputy Governor in the apex bank, Dr. Sarah Alade, who will serve as Acting Governor until the conclusion of ongoing investigations into breaches of enabling laws, due process and mandate of the bank.

    A statement issued by his media aide, Dr. Reuben Abati, said the President expects the acting Governor to focus on the core mandate of the bank and conduct its affairs with greater professionalism, prudence and propriety to restore domestic and international confidence in the country’s apex bank.

    According to the statement,  the President took the decision to suspend Sanusi after getting reports  of financial recklessness and misconduct which characterized his tenure as CBN governor.

    It said the government was “deeply” concerned about far-reaching irregularities under his (Sanusi’s) watch which have distracted the apex bank away from the pursuit and achievement of its statutory mandate and core responsibilities.

    The statement reads, “Having taken special notice of reports of the Financial Reporting Council of Nigeria and other investigating bodies, which indicate clearly that Mallam Sanusi Lamido Sanusi’s tenure has been characterized by various acts of financial recklessness and misconduct which are inconsistent with the administration’s vision of a Central Bank propelled by the core values of focused economic management, prudence, transparency and financial discipline.

    “Being also deeply concerned about far-reaching irregularities under Mallam Sanusi’s watch which have distracted the Central Bank away from the pursuit and achievement of its statutory mandate and core responsibilities.

    “Being determined to urgently re-position the Central Bank of Nigeria for greater efficiency, respect for due process and accountability, President Goodluck Ebele Jonathan has ordered the immediate suspension of Mallam Sanusi Lamido Sanusi from the Office of Governor of the Central Bank of Nigeria.

    “President Jonathan has further ordered that Mallam Sanusi should hand over to the most senior Deputy Governor of the CBN, Dr Sarah Alade who will serve as Acting Governor until the conclusion of ongoing investigations into breaches of enabling laws, due process and mandate of the CBN.”

     

  • NNPC faults Sanusi on fresh $20b allegation

    The Group Managing Director (GMD) of the Nigerian National Corporation (NNPC), Mr. Andrew Yakubu on Tuesday denied allegations that the $10.8billion outstanding from $49.8billion alleged mission oil revenue has risen to $20billion.

    Central Bank Governor, Sanusi Lamido Sanusi had told the Senate Committee on Finance probing the $49.8billion unremitted funds to the Federation Account, that the apex bank still has $20billion unaccounted for.

    But Yakubu told reporters after the meeting that Sanusi does not understand the intricacies of petroleum engineering issues.

    The GMD said the misunderstanding arose from Sanusi trying to do an auditing job instead of concentration on his banking duties.

    Yakubu said: “Gentlemen, you heard the Chairman very well! The issues that were raised are not new at all. You see, we came out in details because we don’t have anything to hide and we gave a detailed breakdown of the so called $49billion and we came out clearly to state the various streams that are associated with what he was talking about.

    “Now, we also made in clear that NPDC, if we had anything to hide we would not have made it clear that NPDC was part of the stream, because NPDC which is NNPC’s upstream operation, is a limited liability company registered the Companies and Allied Matters Act (CAMA) to do upstream business jus like any other independent company.

    “Now, if you are in your business, will you take your gross revenue and pass it on? What we simply said was to account for the streams that the CBN Governor erroneously captured. Now let me make this point very clearly: CBN is a banking outfit, so I really, really understand why they will not understand some petroleum engineering issues and the are not also an auditing outfit.

    “Now what they try to do is to audit and I heard some statements made here that they do not have this document, they don’t have that document. They are not the auditors. We have certified bodies and arms of agencies that are charged with the responsibility of auditing.

    “They are banking right? So what he said was not really new. We said clearly that we stated an amount that went to NPDC and that amount was the gross lifting. But there are other streams that go back to government in terms of taxes just like any other business player.

    “So we have Royalties, we have Petroleum Profit Tax and so on and so forth. Now these are subject of other detailed discussions and investigations and they are open.

    “We give access to the Auditor General of the Federation, we give access to Accountant-General, we give access to agencies that have business to do with auditing our own business.

    “And at the Federation Account too we render this report as you are told on monthly basis and these are issues that are subject of reconciliation on monthly basis.

    “So really for issues like this to come to the public glare again becomes worrisome that we throw away numbers, we throw away allegations that at the end of the day we clarify but then the damage would have been done,” Yakubu stated

  • Lost and found!

    Lost and found!

    If Nigerians ever needed iron-clad evidence of outlawry of their national oil corporation, weekend’s response by the General Manager, Media Relations, Group Public Affairs Department, NNPC, Omar Farouk to the firestorm over the alleged missing $10.8billion may have finally supplied one.

    Not that anyone ever doubted the farce that rules the nation’s finance system as a whole; or the plague of officials helping themselves to the national till that has long become norm. However, the latest revelation of the laissez faire conduct, the outrageously out-of-control practices by a corporation that is supposed to be a creation of statute –with active connivance of top officials of the finance ministry – may have set new limits in outlawry.

    Let’s start from the very beginning.

    Late last year, Governor, Central Bank of Nigeria, Lamido Sanusi, had alleged that the corporation failed to remit $49.8bn to the Federation Account for the period spanning 18 months – that is, between January 2012 and July 2013. The problem, as it later turned out was that the figures declared missing had failed to take into account the $39 billion paid by the Federal Inland Revenue Service, FIRS, and the Department of Petroleum Resources, DPR, into the federation account.

    I had said on this page that, coming from the nation’s top banker, the ‘omission’ was inexcusable, if not entirely irresponsible. Since then, the officials of the finance and petroleum ministries – including the NNPC, have made valiant attempts to pass off the charge as fiction even when there was still $10.8 billion unaccounted for.

    Apparently, the corporation’s weekend tale of the missing money was meant to be the final demolition job on the charge by the CBN governor. While I do understand that some so-called defence do not so qualify; the suggestion that the missing money has been spent on behalf of the federal government, is not only worse than no defence at all, it borders on the treasonable!

    Let’s look at the three-part component of how the money went as told by the NNPC’s spokesman.

    The first part, he claims represents “the expenses on some of the responsibilities, which the corporation carries out on behalf of the Federal Government with respect to domestic crude oil utilisation. One of such issues is the unpaid subsidies on kerosene and Premium Motor Spirit”.

    Here, if Nigerians are any familiar with the billions allegedly paid to the scores of ghost importers of petrol and kerosene, the tale about the value being deducted at the source from NNPC’s piggy bank on behalf of the federal government has been told so severally to the point of being wearisome. Considering that the same subsidy is also said to be charged on the excess crude account, Nigerians must wonder at what is going on.

    The same applies to the 32 days’ stock of premium motor spirit at 40 million litres of national consumption per day. Isn’t that supposed to be one-off budget? Of course, while the reserve accounting looks easy and simple and straightforward to determine upfront, NNPC and its allies in government obviously think that they require something outside the cycle of the budget to defray.

    And the third – you guessed right: the cost “of pipeline vandalism, oil theft and other security issues”.

    Again, that is supposed to be indeterminate – the kind that requires the rule of thumb to determine.

    And the three, we are told is what makes up the yet-to-be-reconciled balance of $10.8bn”!

    Should anyone be surprised at the creative account that seeks to work backwards to the answer? To be candid, the shock would have been if the reconciliation team came up with anything new?

    To begin with, for a corporation that has long acquired the image of a lawless entity, the self-indicting revelation that the quantum of national obligations – reckoned in billions of dollars – could be financed outside of the framework of appropriations can only pass on the altar of the ingrained culture of criminal impunity. Before now, the arguments about the deductibles from the federation account had always centred on the shady operational costs borne by the NNPC in the course of its activities. Quite familiar also is the creative accounting in which all manners of expenses gets passed off to the federation account.

    Now, the revelation that the corporation has a licence to do as it pleased with the federation account has finally been declared as legit!

    So, no money is missing? Only when one accepts that the beneficiaries of the accruals into the federation account actually get the amount due to them can one suggest otherwise.

    Now to the specifics: Did Finance Minister Okonjo-Iweala actually claim last year that she had not paid any subsidy on kerosene since she assumed office? At what point was it therefore charged to the NNPC account? Is a case of looking for expenses to charge to the missing money?

    The latter obviously raises the question of who authorised the payment from the NNPC accounts. Petroleum Minister Diezani Alison-Madueke? Or the NNPC board which she chairs? Does the board – if it exists – have such powers? Is it the Federal Executive Council? Could they have done so without the authority of the National Assembly?

    While Nigerians may not have bothered about the laws of the republic being broken by officials sworn to uphold the law, I guess it’s time to worry about the parallel government described as the NNPC; a quasi-government without the strictures of parliament; an entity only answerable to a conclave.

    Still want to know where the money went? Certainly, it’s not in the books. Try as the reconciliation team might, the job goes beyond reconciliation. That itself assumes that the reconcilers have the nerves to do the job. Soon enough, Nigerians would see evidence in the cities and the country-sides when our Abuja overlords unleash their war-chest for 2015. That time, it would be headache for Sanusi as it would be for everyone of us all.

    Again, it is happy New Year!

     

  • Unemployment worsening, says Sanusi

    Unemployment worsening, says Sanusi

    • Imoke inaugurates Southsouth entrepreneurship centre

    Governments efforts aimed at creating jobs and reducing unemployment may have yielded very little results, going by what the Central Bank Governor, Sanusi, Lamido Sanusi, has said.

    Sanusi, who spoke at the launching of the Southsouth Zone of the Entrepreneurship Development Centre (EDC) in Calabar, the Cross River State capital yesterday, said the unnemployment rate in the country has exhibited a worsening trend, rising from 8.2 per cent in 1999 to 23.9 per cent in 2011. Specifically, the rate increased from 7.9 per cent in 2002 to 18.2 per cent, nine years later, he said.

    Quoting from last year’s General Household Survey by the National Bureau of Statistics, he said 23.9 per cent of the adult working population is unemployed, adding that this would obviously not only have a significant effect on the psychology of the individuals concerned, but also have a destabilising impact on the wider society.

    Admitting that the nation is confronted with a various developmental challenges, Sanusi argued that the apex bank in its bid to support efforts aimed at reversing the challenges, continued to partner with the government and some stakeholders to initiate policies, programmes and schemes that will impact the lives of youths in the country.

    He said the EDC would be expected to serve Akwa Ibom, Rivers, Bayelsa, Edo, Delta and Cross River states, in enrolling and trainees the youths to take them off the unemployment queue.

    He said the EDC provides a platform for state governments, the private sector and the CBN to jointly support entrepreneurship development across the country.

    “The centre provide facilities for training, particularly secondary school leavers and university graduates to obtain skills on how to identify, choose, and practically engage in profitable production of goods and services,” he said.

    Cross River State Governor, Liyel Imoke, in his speach, urged unemployed youths in the South -South region to take full advantage of the South-South EDC to empower themselves, saying the centre will enable them acquire capabilities to engage as active agents in the economic growth and integration of the region.

    He said: “In Nigeria today, there are millions of young people who are economically dislocated either through unemployment or a lack of engagement with any meaningful economic activities. In effect, 24 percent of our economic agents are disaffected and disenfranchised through unemployment and that figure rises to almost 70 percent when we consider those between the ages of 18 and 30”.

    The governor explained that in recognition of this problem, the state government, through the Investment Promotion Bureau, set up the Micro-Finance and Enterprise Development Agency (MEDA) to promote and deliberately cultivate the entrepreneurial spirit amongst young people, re-orientating them towards private enterprise.

    He said the state has made some noteworthy success in Agriculture as it has established Songhai farm with the first 98 participants returning from training at the Songhai Regional centre at Porto Novo in Benin Republic and are currently undergoing entrepreneurship training at the EDC.

    “Last month, we witnessed the launch of the Incubation Centre at the Tinapa Knowledge City, a project driven by the need to provide a creative environment for our ICT proficient youths to develop their skills and hone their craft with the end result being the development of ICT solutions which have direct market applicability and immediate commercial value.”

    Imoke, said the state is excited about the launch and that EDC initiative enables beneficiaries to acquire the relevant skills in generating good business ideas, develop bankable business plans, and gain access to microcredit linkage for business startup capital and business development services.

    “It presents a seamless integration with what we have already started here in Cross River and I am in no doubt that this initiative will consolidate our efforts. This initiative is a testament to the gains which could accrue from an effective partnership and collaboration between the states and Federal Government” he said.

  • Sanusi wins Africa Central Bank governor award

    Governor of the Central Bank of Nigeria, Sanusi Lamido Sanusi, has been conferred with the 2013 Central Bank Governor of the year award.

    This is contained in a statement issued on Wednesday in Abuja by the Director of Communications, CBN, Ugochukwu Okoroafor, in Abuja.

    The News Agency of Nigeria, quoting the statement reports that the award was conferred on Sanusi at the seventh African Banker Awards gala dinner held on Wednesday at the Taj Palace, Marrakech, Morocco.

    The statement said the Publisher, African Banker, Omar Ben Yedder, said the award committee recognised Sanusi’s outstanding work in the past years in sustaining banking reforms in Nigeria.

    The statement commended Sanusi for ensuring stability in macro economy, protecting the independence of the central bank and enhancing many aspects of Nigerian banking and adoption of new technologies for financial inclusion.

    It also lauded the governor for his continuous modernization and more transparent disclosures, including adopting higher reporting standards for banks.

    It said the latter reforms were having an impact not only on the banking industry but on the country as a whole.

    The statement said that Sanusi had been continuously singled out by many of his banking peers, international bankers, investors and development partners as a reformist governor with integrity, candour, energy and exceptional courage.

    “There is no doubt that Africa’s improved reputation today is in large part owed to the achievements of leaders like you.

    “Our event partners wholeheartedly cherish your exceptional contribution to the economic and social development of the African continent.”