Tag: Sanusi Lamido Sanusi

  • Hurray! Jonathan snares his quarry

    Hurray! Jonathan snares his quarry

    Given his talent for amassing enemies you didn’t need a prophet to tell you that former Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi’s tenure was likely to end in tears.

    In the end he has been nudged out of the door courtesy of some dodgy contrivance of officialdom called a “suspension.” Given the roadblock set up in Section 11 (f) of the CBN Act 2007 which requires the President to seek the approval of two-thirds of the Senate in order to remove the CBN Governor, this “suspension” was the quickest way of getting rid of him.

    The official line is that Sanusi’s removal was down to acts of ‘financial recklessness, violation of due process and the mandate of the CBN.’ Presidential spokesman, Reuben Abati, then listed a litany of sins such as “persistent refusal and negligence to comply with public procurement act in the procurement practices of the CBN; unlawful expenditure by the CBN on intervention projects across the country, deploying huge sums of money without appropriation and outside the CBN’s statutory mandate.”

    From where I stand it is hard to determine Sanusi’s guilty or innocence. Still, it is rich hearing this administration which stands accused of similar malfeasance levelling these allegations.

    This is a government that is straining to explain the whereabouts of $10.8 billion from crude oil sales proceeds which the erstwhile CBN boss insists the Nigerian National Petroleum Corporation (NNPC) is yet to pay into the Federation Account.

    This is an administration which is unable to explain what happened to billions expended on funding kerosene subsidy by the same NNPC. Speaker of the House of Representatives, Aminu Tambuwal, has said the monies were spent without authorisation.

    This is the same administration which the Nigerian Governors Forum (NGF) has accused of presiding over the emptying of the Excess Crude Account (ECA). The allegation that $5 billion is missing from the account remains unresolved. According to CBN figures, the ECA had $11.5 billion in December 2014 but by January 17, 2014 that amount had dwindled to $2.5 billion. Many would attribute this evaporation of cash to “financial recklessness.”

    In its attempt to justify the dramatic “suspension” the presidency claims that the ex-governor’s infractions and reign of recklessness lasted for most his tenure. This raises natural questions as to why wait until three months to the end of the man’s tenure to bring him to book – given that government was so concerned about the health of the CBN.

    What was wrong in 2009 is wrong in 2014. Why did President Goodluck Jonathan tolerate Sanusi’s excesses for virtually all of his tenure?

    Apparently, public officials engaging in malpractices is fine so long as they remain good boys who don’t paint the government in bad light. When Sanusi was feverishly defending the removal of petroleum subsidy on national television in January 2012 his ‘sins’ were overlooked.

    But they suddenly became unforgiveable and deserving of a suspension because he allegedly leaked an embarrassing letter about the mismanagement of the nation’s finances to former President Olusegun Obasanjo. He exacerbated matters by his further revelations about missing monies at the National Assembly public hearings.

    Government spokesmen say the sacking was not about Sanusi’s utterances at the Senate. They can tell it to a platoon of marines. It is clear this drama isn’t about transparency. On that score the government is in no position to point fingers at anyone. This is clearly a vengeful political act designed to spite a man who dared the president.

    In any country the office of president is a powerful one – but it is more so in developing nations like Nigeria with baby democratic institutions, and where constitutional rule is still evolving. Often, presidents get away with murder unchallenged. Examples abound from Cameroon to Zimbabwe to Gambia where the leaders’ very words have become law, the police and military his personal enforcers to deploy as he deems fit.

    But while we must respect and honour leaders as symbols of our sovereignty, let’s not lose sight of the fact that the office of president is a creation of the constitution. He’s not a monarch whose word is law. Even modern day monarchies are regulated. He’s not some infallible deity who must be worshipped and revered. He is a fallible human prone to the same foibles and frailties that are common to men.

    So, to President Goodluck Jonathan we say congratulations. You finally got rid of Sanusi. What an achievement sacking a man who was just a couple of months away from retirement! It must feel good letting another of your ‘enemies’ know how awesome your powers are as president.

    For the former CBN boss suspension may turn out to be the least of his worries. There may be something or nothing to the negative claims about his tenure. In heat of his purge of CEOs who had turned their financial institutions into personal piggy banks, he used to boast about sending offending Managing Directors to jail. I doubt whether he would want Jonathan and his men to give him a taste of his own medicine. Perhaps they may just stop at destroying his reputation.

    Some have pointed out that Sanusi’s ouster bears an uncanny resemblance to that of the former President of the Court of Appeal, Justice Isa Salami. Whereas the judge still had two years to go and was clearly not in a hurry to depart, the CBN Governor had repeated again and again that he didn’t want a second term.

    Until the very end the powers of the president to suspend Salami was a matter of intense debate. Another issue was whether the National Judicial Council (NJC) and the judiciary were correct in surrendering the powers to regulate their branch and hand same to the president. Till date many insist it was a blunder on the part of the NJC.

    But once the suspension was activated it was sustained until Salami’s voluntary retirement. There are those who would say that the presidential move against Sanusi was just a cynical ploy to get a troublemaker out of the way knowing that his only option would be a recourse to the snail-speed courts. In the end even if it is decided that Sanusi’s removal was illegal, it would be an academic exercise that would only inform any future actions by other presidents.

    A court ruling on whether Jonathan was right or wrong may be immaterial to Sanusi’s career progression, still it is important to test whether the constitution has made Nigerian presidents as powerful as they think they are, or whether a conniving public has allowed egotistical men to launch unending and unchecked power grabs.

    It would be interesting to watch what the National Assembly would say or do. Would it take a clear position on this presidential maneuver? The Presidency is throwing everything at Sanusi in a bid to destroy him. He is being investigated by every agency that has a name. That is fine.

    But who will examine a powerful president’s actions? The courts for one: the legislature also if they would rise to the occasion. Can we trust this National Assembly to do their duty?

    The courts may take the rest of the decade to decide if the President has violated the laws in this instance. Ordinary Nigerians don’t have those same constraints. They can reward him if they feel he has done well or make him pay a political price if he has overreached. Time will tell.

  • The crucifixion of truth

    The crucifixion of truth

    With Sanusi’s sack through the back door by President Jonathan, like Justice Salami’s, who is next?

    Do not get carried away by the title of this piece. Nothing in it suggests that the immediate past governor of the Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi, who was suspended (actually sacked) by President Goodluck Jonathan on Wednesday, is a saint. In Nigeria, who is a saint?

    A statement signed by Reuben Abati, the president’s spokesman, said inter alia: “ 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 characterised 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 …” the Federal Government had no choice but to suspend the CBN governor.

    One thing that is not funny about the so-called suspension is that it is a case of the pot calling the kettle black. The Jonathan administration is deficient in all the qualities it has outlined as constituting Mallam Sanusi’s sins. Which financial recklessness is greater than the one in which our foreign reserves and even the excess crude account are being depleted voraciously without any tangible thing to explain the depletion? And this in spite of the fact that crude prices have been soaring far beyond budgetary projections! If the government is talking of core values, what constitutes its own core values? Does transparency exist in the government’s lexicon?

    As a matter of fact, this is the main reason why Mallam Sanusi incurred the wrath of President Jonathan. The CBN boss, had raised certain fundamental issues about the way billions of dollars are missing from the government’s coffers and, instead of the government thanking him (even if that is not his duty), he was asked to resign. As someone who knows his right, he refused. It was clear at that point that the President would take his pound of flesh.

    A predictable President Jonathan did last Wednesday. But we need to be worried, especially when dangerous precedents become a predictable pattern. I must confess that some of us heard something akin to what eventually happened to the CBN governor more than three weeks ago. What was in the air then was that the CBN governor would just get to his office and be barred from going in by security agents, and without any explanation, perhaps beyond the usual ‘order from above’. May be those who were to hatch the plot figured that might not go without incidents and so decided to wait for a more auspicious time. That came Wednesday when the former governor was in Niamey to attend the conference of the West African Currency Zone with other governors of the Central Banks in West Africa. Sanusi was reported to have hurriedly left the venue of the meeting shortly after the Nigerian Ambassador to Niger confirmed to him the directive suspending him by the presidency.

    When, the other time Justice Ayo Salami was the victim of presidential recklessness, we thought it was his (Salami’s) business. All we offered then was a feeble resistance. Even when the judiciary that took the matter to the President (apparently in error) said it had found nothing against the former President of the Court of Appeal and that he should be recalled from suspension, President Jonathan looked the other way and ensured that Justice Salami retired from his so-called suspension.

    The danger in our docility or nonchalance on matters like these is that impunity will continue to beget impunity. It is already happening. This paper’s editorial on Mallam Sanusi’s sack on Friday took us down the memory lane when it said that Alhaji Shehu Shagari took time out to address the nation when, during his time, N2.8billion oil money was said to be missing. This was the result of the outrage in the entire country. These days, worse allegations of corruption involving billions of dollars are treated as if they are not unusual. Indeed, Nigerians are no longer shocked by public officials stealing in millions, the vogue now is to steal in billions since hell would not be let loose.

    But these are too dangerous precedents that should not be encouraged in a democratic setting. The stark reality is that fascism is fast creeping in. President Jonathan does not need to tell us that he is neither Pharaoh nor Herod; his actions have spoken louder than his voice to give us an idea of his true personality. And the situation can only get worse with the 2015 elections getting closer because most things happening in the country, particularly on the political and economic plains, including the removal of Mallam Sanusi, are all about the 2015 elections. Nigerians who felt the 2011 elections gulped money would see that the next general elections would gulp even more. What was spent in 2011 would be chicken feed to what would be spent next year. And that money must come from somewhere. All kinds of books would be cooked because there won’t be any heading for such expenditure anywhere in the budget. We may start to feel the negative impact of such unearned income on the economy by the third or fourth quarter of the year. Now that Mallam Sanusi has been fired, the allegations may die naturally because not many people would want to suffer the same fate. In all these, Nigeria is the loser.

    Be that as it may, by saying that he suspended Mallam Sanusi, President Jonathan has merely fooled Nigerians. He is only being clever by a quarter, not even by half. It is a slap on our faces because what has happened means that the President knows that he has no power to sack the CBN governor by virtue of section 11, subsection 2(f) of the CBN Act, without at least two-thirds of the Senate members concurring. Yet, he does not like his (Sanusi’s) face (or is it his guts?) and so decided to throw him out with impunity. If all he did was suspend the former CBN governor, why the unholy haste in announcing an acting CBN governor only to follow it up with the nomination of his replacement?

    This kind of decisiveness in not vintage President Jonathan, except when the matter concerns people whose faces he does not like. We know how long it took us to get him remove his former Minister of Aviation, Ms Stella Oduah, despite the weighty allegations against her. The other, his petroleum minister, Diezani Alison-Madueke, whose case is even worse than Oduah’s remains on the beat years after Nigerians have come to see her ministry as an epitome of corruption.

    The truth of the matter is that whatever arbitrariness the CBN Act sought to prevent by insulating the apex bank’s governor from an overbearing executive would have been defeated if the bank boss can be suspended the way President Jonathan has done. People get away with these things because they are hardly challenged. It is on this score that I support Mallam Sanusi’s decision to challenge his suspension in court. Even a baby lawyer would know that if you lack the power to remove or sack, you cannot have the power to suspend in this situation, and especially in our kind of clime where government specialises in satanic subterfuge even as it lacks the capacity to deliver good governance. Obviously, the President too might be aware of this point but decided to go ahead with his plan in the hope that Mallam Sanusi would challenge him in court. Given the snail speed at which justice travels in the country, his (Sanusi’s) term would have elapsed by the time the case is decided. In which case, the President would still have had his way.

    It is high time Nigerians rose against this reign of impunity. With two vital parts of our lives – the judiciary and now the CBN – being gradually subdued as it were, we may find it difficult to differentiate between good and bad, or morality and immorality, at the rate this government is perverting the system. Ideally, one would have hinged hope on the Senate but the Upper legislative house as presently constituted cannot be trusted to stop the rampaging government. Otherwise, the starting point would have been to ask it not to confirm the appointment of Zenith Bank boss, Godwin Emefiele as Mallam Sanusi’s successor. Whatever sins Mallam Sanusi might have committed, due process ought to be followed in addressing his case. We should not leave our fate in the hands of any overbearing executive. At the rate we are going under this government, truth would soon join the long list of essential but scarce commodities.

  • Missing oil money: Falana urges National Assembly to pass PIB

    Missing oil money: Falana urges National Assembly to pass PIB

    Lagos lawyer Mr. Femi Falana (SAN) has urged the National Assembly to pass the Petroleum Industry Bill (PIB).

    He said this would show that the federal legislators are genuinely interested in promoting accountability and transparency at the Nigerian National Petroleum Corporation (NNPC) and in the oil and gas industry.

    In a statement yesterday in Lagos, titled: The Limit of Investigative Powers of the National Assembly, the frontline lawyer regretted that the PIB appeared to have been quietly jettisoned by the lawmakers.

    According to him, the lawmakers were beating their chests for enacting irrelevant laws, such as the Anti-gay Act (“same-sex was never recognised under the law”), the Prisoners Exchange Act (to swap convicts with the United Kingdom when there are no British prisoners in Nigeria), among others.

    Falana said it was shameful that the Central Bank of Nigeria (CBN) Governor (Sanusi Lamido Sanusi) did not seem to understand the operations of the federation account, which is kept at the apex bank.

    The lawyer noted that this was the reason “…his (Sanusi’s) figures of the missing fund have varied from $49.8 billion to $12 billion and $20 billion, while the reconciliation carried out by the finance minister showed $10.8 billion.”

    Falana urged the auditor-general of the federation to audit the federation account and the accounts of the NNPC and the CBN before the nation is further exposed to ridicule by the CBN, NNPC and the Federal Ministry of Finance.

    He said: “In particular, the auditing of the CBN account should cover the illegal payment of over N2 trillion by the CBN to fuel importers in 2011 when the National Assembly appropriated N245 billion.”

    The lawyer recalled that before the 2012 national strike and mass protests, the CBN governor claimed that the amount involved was N1.3 trillion.

    Falana urged the auditor-general to also examine the validity of the several billions of naira allegedly withdrawn from the federation account without appropriation in the last five years and donated to certain individuals and institutions by Sanusi.

    He advised the Senate and the House of Representatives to desist from “endless probes” and concentrate on law making, “now that it is clear that the National Assembly lacks the power and the technical expertise to audit the federation account.”

    The frontline lawyer noted that if the National Assembly had seriously considered the reports submitted each year by the auditor-general and taken actions, the nation would not have heard the accusations and counter-accusations among senior government officials.

    Falana said: “In the last 15 years, the National Assembly has carried out diversionary probes of several agencies and departments without results.

    “It is pertinent to point out that the powers of investigation conferred on the National Assembly, under Section 89 of the Constitution, are meant to be exercised for law making. To that extent, the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Offences Commission (ICPC) and Nigeria Police Force should be allowed to investigate complaints of corruption, fraud and other economic and financial crimes, in line with the provisions of the laws.

    “The practice of usurping the statutory powers of such bodies by the National Assembly should stop. More so that reports of the investigation conducted by the National Assembly are usually turned over to the anti-graft bodies, which have to commence fresh investigation.

    “This is what happened last week when the Finance Committee of the Senate was compelled to call for an audit of the NNPC account in the middle of a probe.”

    The lawyer said it was embarrassing that the Finance minister and the Senate did not know, ab initio, that they were not empowered to audit any of the accounts of the ministries and agencies of the Federal Government.

    He recalled calling on the National Assembly to stop what he called diversionary probe and his request to the auditor-general to audit the federation account and submit his findings to the National Assembly pursuant to Section 85 of the Constitution.

    Falana added that the decision of the Senate that the NNPC accounts be subjected to a forensic audit was the result of the alleged confusion the CBN governor caused with “conflicting figures” over the actual amount allegedly missing from the federation account.

     

     

  • Excess Crude Account  down as oil price goes up

    Excess Crude Account down as oil price goes up

    The Excess Crude Account (ECA) ought to get fatter as oil price goes up or stabilises, but despite oil price increase, which jumped to $109 yesterday, the account has kept dwindling. Many are asking what the problem is, write CHIKODI OKEREOCHA and EMEKA UGWUANYI

    Oil price rose yesterday over severe winter, weak dollar and production disruptions in Libya and Angola. Brent crude oil rose five cents to 109.13 dollars a barrel. If the severe winter continues across North America, the rise in price will also continue and speculators and hedge funds have sharply increased bullish bets on crude oil to near their highest ever.

    “The U.S. winter and weak dollar are both supporting the oil market,” said Carsten Fritsch, senior analyst at Commerzbank. But there is a chance of a sharp correction. The risk is limited as long as the U.S. weather stays cold. But when it gets warmer, prices could come down, Fritsch said.

    Brent price in January was between $107 and $107.5 per barrel while the entry price into February was $105.4.

    At the Organisation of Petroleum Exporting Countries (OPEC), of which Nigeria is a member, the average price between January and February 14 was $105 per barrel while the average price in last quarter of last year was $106.43.

    For Nigeria, the oil price hike should be good news. It should mean more money for the Excess Crude Account (ECA), which is the saving made from the oil benchmark and the real oil price. The benchmark for the budget is N77.5. But despite the hike and the stability in the last few months, the ECA has continued to nosedive. Last week, it emerged that the ECA, which was created to provide succour in rainy days for the federation, now has only about $2.1 billion.

    The depletion of the ECA from about $11 billion in December 2012 has been seriously disputed by analysts, who see the withdrawals as unwarranted.

    The status of ECA emerged at the meeting of the Federation Account Allocation Committee (FAAC), where N629.128 billion was shared among the three-tiers of government for January. Gross revenue during the month increased to N540.870 billion compared to N479.950 billion recorded last December.

    Also, revenue from Value Added Tax (VAT) increased to about N82.2 billion in January as against about N64.7 billion the previous month.

    Speaking with reporters in Abuja, at the end of the monthly meeting of the committee, Accountant-General of the Federation (AGF), Mr. Jonah Otunla, said the revenue from mineral sources for the month was N439.562 billion. The non-oil component was N101.308 billion.

    Not long ago, Central Bank of Nigeria (CBN) Governor Mallam Sanusi Lamido Sanusi shocked not a few Nigerians when he drew their attention to the dire consequences of the continuous depletion of the country’s fiscal buffers. Sanusi raised the alarm that both the ECA and the external reserves had been depleted, a development which, he said, undermines the ability of the apex bank to sustain exchange rate stability.

    The CBN boss, who disclosed this at the end of the bi-monthly meeting of the Monetary Policy Committee of the apex bank, expressed concerns that the absence of such fiscal buffers increases the country’s reliance on portfolio flows, thus constituting the principal risk to exchange rate stability, especially with uncertainties around capital flows and oil price. Sanusi, who decried the continuous fall in revenue from oil despite the stable price of oil and production in 2013, acknowledged output losses due to theft and vandalism. But he was quick to point out that this could not wholly explain the magnitude of the shortfall in revenue.

    His views tallied with those of Minister of Finance and Co-ordinating Minister for the Economy Mrs Ngozi Okonjo-Iweala, who, at the just concluded World Economic Forum in Davos, Switzerland, also raised the alarm that the economy was under threat on account of the continuous decline of the ECA.

    The ECA, in which the country saves revenue above the benchmark oil price set in the budget, stood at $8.65 billion as at end of 2012. The Finance Minister, however, explained that as a cushion against the depletion, “we have tried to set the country’s main parameters in a very modest way”.

    She added: “We have made our budget at a very reasonable benchmark price for oil. This is to shield us and to ensure we are not subjected to any volatility there may be in the oil market.”

    However, Sanusi and Mrs Okonjo-Iweala’s explanations have failed to impress economic experts, finance analysts and stakeholders in various sectors, who argue that there may be more than meets the eye in the claims that revenue from oil is going down and consequently, the country’s economic buffers are drying up.

    Economist and frontline industrialist Henry Boyo is one of those who are not swayed by such claims. He believes that the claims are designed to bamboozle Nigerians.

    Boyo said: “Its grand deception. Whether advertently or inadvertently, to me as a layman, it is deception. We are being taken for a ride.”

    He described it as red herring contrived to distract the attention of Nigerians from asking real and critical question on how the economy is being managed.

    As Boyo argued, the stage for the alleged grand deception was set when, in the process of setting the budget, which is the country’s operating plan, its formulators allegedly deliberately contrived that the country would receive less revenue than it should actually receive.

    “If in addition to that,” he explained, “you now receive more revenue after you have nonetheless borrowed at between 10-15 per cent interest rate to cover the deficit that became necessary because you understated what your revenue would be; because if you have deliberately understated your revenue expectation to start with, and then you now have more income than expected but because you have borrowed to cover the deficit between expenditure and your projected spending, whether capital or recurrent, does that make sense? Can a surplus and a deficit exist side by side? The answer is no.”

    While insisting that the whole set- up reeks of fraud, the renowned economist said: “You cannot have an ECA when you have a deficit. You cannot be saying you are building up an excess crude account when your budget is predicated on a deficit, especially when the so-called ECA is sitting idle, earning little or no interest. Besides, you now consume it in addition to the borrowing you borrowed to finance the contrived deficit.”

    Boyo said the deficit is contrived because if the projected revenue expectation from crude oil is at the rate of $75 or whatever dollars per barrel and throughout the whole time the price of crude oil stood above 100 dollars per barrel. He added that even if production constraints and theft of crude, which of course, Sanusi acknowledged, takes away 20 per cent in terms of volume from the sales the country is expecting instead of 2.5 million barrels per day, the economy would still not be in a precarious fiscal position.

    Boyo also wondered how the nation’s reserves could have dried up on account of shortfall in revenue from oil when only a few months back, Petroleum Minister Diezani Allison Madueke gave herself and the country thumbs up for exceeding her production quota.

    “There might be production shortfalls in some days, but there were production surpluses in other days. In addition to that, if cumulatively we lost production by 20 per cent, for instance, the difference between the 77 or 75 dollars per barrel and 100 dollars is close to 33 per cent because your budget benchmark is $75, but instead of 75 you are earning more than $25 more per barrel.

    “$25 expressed as a fraction of $75 that you used is about 33 per cent. So if you lost 20 per cent in volume and you gained 33 per cent in price how can you have such a huge deficit to start with that you are financing? If revenue from oil is going down how did they get the surplus? How can you have surplus and deficit at the same time? And how and why must you have borrowed to cover the deficit and similarly consume the surplus you said you gathered above $75 per barrel? Is that not fraud or deceit of some sort?”

    Also curious to Boyo and other observers of the dynamics of the Nigerian economy is the fact that the supposed collapse of the fiscal buffers is coming at a time when various government revenue-generating agencies have strengthened their capacity, resulting in growing revenue inflow into government coffers. Overall, there has been appreciable increase revenue from the non-oil sector. For instance, in 2012 fiscal year alone, the Federal Inland Revenue Service (FIRS) realised as much as N5.007 trillion from taxes. The amount, the highest cumulative tax collected in the history of the FIRS, represented an increase of N379.4 billion or 8.20 per cent over the N4.628 trillion collected in 2011.

    Before Mrs Ifueko Omoigui-Okauru, immediate past executive chairman of FIRS left office, she said in about 11 years, the cumulative revenue from the FIRS hit N21.7 trillion, with N7.53 trillion coming from non-oil sources, while over N13.036 trillion was realised oil revenue during the period. Other revenue-generating agencies such as the Nigeria Customs Service (NCS), NNPC, and the Nigerian Maritime Administration and Safety Agency (NIMASA) among others, have also shored up their revenue target.

    Boyo said if the revenue target of the FIRS has come down since the exit of Mrs Omoigui-Okauru, as well as other agencies, the Federal Government should be asking questions rather than confusing Nigerians by painting a gloomy picture of an economy that ordinarily should be buoyant.

    The industrialist is not alone in his worries over the direction of the economy. Alaba Olusemore, the Managing Consultant, Nesbet Consulting, a Lagos-based firm of finance and management consultancy, is also worried. While noting that the currency denomination the allocation is shared, whether dollar or naira, is not the issue provided it is channelled at production instead of consumption, he said: “The whole story of the depletion of our economic buffers has not been told,” adding that there must be something those managing the economy are not telling Nigerians especially since secrecy is now the name of the game, and people no longer want to be transparent.

    Olusemore listed some factors that could be responsible for the depleting fiscal buffers. According to him, government may have been spending too much on security to contain the threat of Boko Haram insurgents. Besides, the CBN may have been taking money from the external reserves to stabilise the exchange rate of the naira. Also, a lot of money, he alleged, may have been expended on meeting some political exigencies ahead of the 2015 general election.

    “2015 is around the corner, and politics in Nigeria means money; a lot of resources may have been expended on projects based on political exigencies rather than economic,” he told The Nation.

    For now, the government has no convincing answer to why the buffers are going down. So, the people will continue to ask questions.

  • Reps summon ministers, agencies

    Reps summon ministers, agencies

    The House of Representatives Committee on Finance has invited the Minister of Finance and Coordinating Minister for the Economy, Dr Ngozi Okonjo-Iweala; the Minister of Petroleum Resources, Mrs. Diezani Alison- Madueke and Central Bank of Nigeria (CBN) governor, Sanusi Lamido Sanusi, to a hearing over the state of the economy.

    Others invited are: the Ministers of National Planning and Vice Chairman of the National Planning Commission; the Chairman of Revenue Mobilisation, Allocation and Fiscal Commission and the Chairman of the Federal Inland Revenue Service (FIRS).

    A statement, titled: State of the Economy: In Search of Truth, by the Clerk of the Committee on Finance, Farouk Y. Dawaki, said the invitation was necessary to reveal the exact situation of the economy.

    The Abdulmumin Jibrin-led committee said it had also invited revenue generating and independent revenue generating agencies on the status of revenue generation, collections and remittances from 2011 to 2013 and their projection for 2014 fiscal year.

    “These agencies include Nigeria Customs Service, Federal Inland Revenue Service, Nigeria National Petroleum Corporation, Central Bank of Nigeria, Raw Materials Research and Development Council and Nigeria Shippers Council to mention a few,” statement said.

     

     

  • CBN-NNPC tango: deeper in the mire

    CBN-NNPC tango: deeper in the mire

    A man who suffers a protrusion of the belly as he is treated of hernia is doomed. This adage aptly encapsulates the ongoing petro-dollars squabble between the Central Bank of Nigeria (CBN) and the Nigerian National Petroleum Corporation (NNPC). Consider that in the days of yore, it would have been something close to profanity for the apex bank to challenge the government or any of her agencies to a wrestling match of the fiscal kind. It is indeed a strange, if not unimaginable, occurrence in the arcane world of public finance and official revenue accounting.

    But the belly of Nigeria’s economy (not to mention politics) keeps protruding even as remedy is applied to another deadly ailment. As if our jumbled and bloated budget is not wearisome enough, all so suddenly all our government revenue agencies are being stumped by simple arithmetic. As if the oil subsidy mess of 2012 was not grievous enough, NNPC has continued to live up to its billing as the most opaque oil corporation in the world.

    You may accuse the CBN governor, Malam Sanusi Lamido Sanusi of loquaciousness and even playing to the gallery but you won’t quarrel with his whistle-blowing on the NNPC. If only because of the fact that the corporation has become an obdurate monster inured to any gently prodding. Which Nigerian does not know that our oil giant is a house of corruption? In the last three decades or so, NNPC has morphed from an oil giant that was to lead Africa and the emerging markets to a badly diminished, nondescript entity that has no place among even its top African peers. What Sanusi is trying to reveal is what we have written about almost every year and every season over this period.

    While Nigerians are still smarting from the $10.7 billion NNPC’s missing revenue according to Sanusi, the apex bank chief last week came up with even a larger figure of $20 billion. Appearing before the Senate Committee on Finance investigating the alleged non-remittance of earnings to the Federation Account, Sanusi armed with a 20-page document which has a separate 30-page appendix said:

    “We have provided evidence in the naira crude account that out of the $28 billion domestic crude shipped by the NNPC, it had repatriated $16 billion. Out of the $67 billion that has accrued to the NNPC account, we have accounted for $47 billion.

    “That is, out of the $67billion that NNPC shipped, $47 billion had been repatriated to the CBN. What we are talking about is the balance of $20 billion and what explanations had been given.” He said further: “I have submitted to this committee, written evidence of a presidential directive eliminating subsidy since 2009 and the NNPC needs to provide its authority for buying kerosene at N150 and from the federation account and selling at N40, and inflicting that loss on the federation.”

    NNPC’s Group Managing Director, Mr. Andrew Yakubu retorted that they were about concluding reconciliation which detailed report would be submitted to the committee: “That is where we are and what we reported is the true position of things; we are at the point of concluding our reconciliation, and as you are aware, the major chunk of the amount in question, over 80 per cent of it is in the subsidy for both PMS and kerosene,” he said.

    From the foregoing, it is apparent that we are confronted with the same old muddled- up graft story; the more you try digging (for facts), the more you sink deeper in the mire.

  • Sanusi’s alarm

    Sanusi’s alarm

    •Where is our $20 billion dollars?

    As if living to its billing as a nation where scandals are never in short supply, the Central Bank of Nigeria (CBN) Governor, Sanusi Lamido Sanusi, again on February 4, stirred the hornet’s nest when he drew the attention of members of the Senate Committee on Finance to an alleged discrepancy of $20 billion in crude oil receipts.

    This time, he was point-blank when he told the members: of the $67 billion crude confirmed to have been shipped by the Nigerian National Petroleum Corporation (NNPC) between January 2012 and July 2013, only $47 billion was remitted to the federation account. Taking his chance to present what appears to be, by far, the most robust rebuttal to the disclaimer put out by the NNPC that any oil money was missing, he also revealed other details bordering on legal and constitutional violations by the corporation – all of which speak to how gangrenous the sore of impunity has become.

    Among the highlights is the so-called kerosene subsidy which, although had been eliminated by a 2009 presidential directive, still nonetheless bled the nation by $100 million monthly within the period; the petrol subsidy albatross which the NNPC claims as justification for withholding  $8.49 billion of monies due to the federation account –  whose rationalisation came only after the discrepancy was highlighted; the contentious $6 billion worth of crude oil said to have been shipped by the NNPC on behalf of its prospecting arm – the Nigerian Petroleum Development Company (NPDC); the “Strategic Alliance Agreement” under which public revenue is transferred into private hands; and of course the practice of crude swap that has remained opaque.

    We note the attempt by the Group Managing Director, NNPC, Andrew Yakubu, to latch on to the now worn defence of  so-called ignorance by Sanusi, of oil sector accounting, after the so-called overstatement of the amount due to the federation account last month. That is deplorable. We cannot accept that as a defence to the weighty issues raised any more than his strange position that the CBN’s role – as banker to the Federal Government – stops at collecting the receivables on behalf of the government.

    For sure, the contention that the CBN governor cannot raise queries on the activities of the corporation, or sound alarm when entities like NNPC perpetrate brazen outlawry on the treasury is absurd. We certainly expect more than the hollow, opportunistic and dangerously self-serving defence being put out by the NNPC on the issue.

    The truth of course is that the CBN, as banker to the Federal Government, has a primary responsibility to track the nation’s revenue. What role does the CBN governor’s membership of the Economic Management Team confer if not to enable him draw attention to such open and direct threats to the economy?

    So, who is the author of mischief – the individual calling for scrutiny of the finances or the corporation’s top guns and their principals that would rather go on doing as they please with our common wealth?

    Now, very much unlike the previous outing, Sanusi did not pretend, nor did he claim, to have the final word on the matter. That, he has made clear, is for the authorities – the National Assembly – to determine. On this, we find common agreement. If, as he claims that the value of crude export for the period between January 2012 and July 2013 is $67 billion, let the corporation present its books to prove that it has nothing to hide. The same goes for the so-called “Strategic Alliance Agreement”; the burden is on the NNPC to explain how the strange partnership with a firm with unknown pedigree can be said to have added value to the nation. And, as for the racket called subsidy, now perhaps is the time for forensic auditors to be called in to finally lay all matters to rest.

  • $50m Biometric Solution’ll fix  identity hitches, says Sanusi

    $50m Biometric Solution’ll fix identity hitches, says Sanusi

    The Central Bank of Nigeria (CBN)-led Biometric Solution for the financial system will fix identity challenges facing the financial system within 18 months of its operations.

    The CBN Governor, Sanusi Lamido Sanusi made this known during the Standard Bank West African Investors’ conference for the year.

    He said it would address unified identity for bank customers.

    He said: “On Valentines’ Day in Lagos, we will be launching the biometric solution, which will in 18 months, fix the problems we are having in the banking system.”

    Earlier, Special Adviser to the CBN Governor on Sustainable Banking, Dr. Aisha Mahmood had said the CBN is making progress on how to get more people into the system, especially with the institution of agent banking model.

    “The Biometric Solution Project of CBN will authenticate banks’ customers, Point of Sale (PoS) terminals and Automated Teller Machines (ATMs) and hence, is a game changer for financial inclusion,” she said.

    Mahmood said the facility is also expected to help those who are not educated to use biometric to be part of the payment system.

    The biometric solution pilot phase was expected go live in February 14. The new system will promote the use of thumbprint as major means of identification in banks and ATMs, he added.

    According to the apex bank, with the biometric solution, the CBN, banks, Nigeria Interbank Settlement System (NIBSS) and at least one branch of each bank would have been connected a few months after the takeoff date.

    However, it cautioned that “it will take a few months to go all over the country and register customers of every bank and we will get to the microfinance banks”.

    It assured that the exercise will not interfere or be in competition with the National Identity project but instead will be rolled into the later.

    The benefit of the exercise were listed to include helping boost Nigeria’s image internationally, deal with money laundering, deal with fraud, extend credit to people without worrying about where to find them and who they are.

    The project, the brainchild of the CBN and the Bankers’ Committee, is meant to have a central database where all bank customers’ information will be collected and stored.

    Since biometric identifiers are unique to individuals, they remain reliable in verifying identity of each bank customer from bank to bank.

    According to the CBN, the platform, when completed, would help operators and regulators of the financial system address issues of Know Your Customer (KYC), anti-money laundering (AML), and access to credit. This will help fast-track use of channels, such as biometric Automated Teller Machines (ATMs) and Point of Sale (PoS) terminals, among others.

    The apex bank had last year, signed an agreement with Dermalog Identification Systems, a German company for the deployment of biometric data capturing for all bank customers across the country.

    The CBN said it is also planning a Consumer Complaints Management System that will make it possible for it to monitor banks’ breaches in customers’ accounts.

    When completed, the platform will enable the regulator see which customer complaints are being treated, and which are not being considered. The CBN to, with the platform, see the complaints by bank customers and track the turnaround time of their resolution.

  • Sanusi and the missing billions

    Sanusi and the missing billions

    It is hard to find the model of the Central Bank boss which Sanusi Lamido Sanusi copied as his time in that position unfolded. From day one he was determined to be himself. Never one to shy from offering strong views, it meant hurtling into every controversy feet first.

    For many, that was okay in a newspaper columnist or activist, but unseemly for a Central Bank governor. Sanusi would not hear of it: after all he had made clear to those who appointed him that he was set in his ways.

    Usually, Central Bank bosses are taciturn. Whenever they spoke it was akin to an oracle descending from a height to commune with ordinary mortals. The entire nation would pay attention and, sometimes, the weight of the pronouncement would send shivers through markets across the world.

    Such is the weight of the utterances of the likes of the Paul Volkers, Alan Greenspans, Ben Bernankes, Mervyn Kings of this world. In Nigeria, Central Bank chiefs have never had that almost mythical standing that the aforementioned names conjure. However, when you think of names like Clement Isong, Adamu Ciroma, Abdulkadir Ahmed, Joseph Sanusi, you think conservative and low key – not flamboyant and outspoken.

    This preamble is not meant to be criticism of Lamido Sanusi’s personality and how that has affected his job as Central Bank of Nigeria (CBN) Governor. Rather it is an attempt to make sense of the tepid impact of the thunderous allegations made about the management of the Nigeria’s finances by the nation’s top banker.

    Is it a case of the man having made his opinion so readily available on every topic – especially those polarising, political ones that have nothing to with his role as Central Banker – that today not many pay much attention when he speaks? Has he talked his way into irrelevance?

    Or is it the case that scandal and malfeasance in public office have become so common place they have lost their shock value? We have found ourselves in the gutter for so long and have now accepted the stench as part of life?

    Could it also be that President Goodluck Jonathan and his administration are so stuck in their ways they would see no evil and hear no evil? Has the president who in a moment of frustration once declared that “he didn’t give a damn” now reached the point of thumbing his nose at his critics – daring them to do their worst with every fresh charge?

    In a different country the magnitude of the claims being made by the CBN Governor would have triggered a political tsunami that could have brought down a government. Here, he makes these explosive allegations, the head of the richest government parastatal issues a dismissive rebuttal and life goes on as though the exchange was conducted in Greek and the rest of don’t understand, or the issues thrown up are not important enough to ignite serious inquiry by the legislature and law enforcement agencies.

    In December 2013, Sanusi stirred the pot when he claimed that the Nigerian National Petroleum Corporation (NNPC) was yet to remit $12 billion to the federation account. Finance Minister, Ngozi Okonjo-Iweala interjected that the amount was actually $ 10.8 billion. There was supposed to be proper reconciliation of the figures by all parties involved to ascertain when the said sum was actually missing.

    But before this could be done, the NNPC blithely announced that the exercise was unnecessary. Apparently, it had accounted for the “missing billions.” The portion that was supposedly not remitted had been spent on fuel subsidy, pipeline repairs and sundry expenses. Some official I cannot now recall actually retorted the money had been spent by all Nigerians because we all benefit from the petroleum subsidy.

    That was the explanation for a $10.8 billion hole in the country’s finances. Rather than being disturbed the government would soon launch a counter attack against Sanusi for daring to ask questions. At some point Jonathan even demanded his resignation for allegedly leaking a confidential letter to the public. The president was more irked by the politics of the situation than the morality.

    Following the truce brokered after the CBN Governor refused to go quietly, many thought he would keep his counsel to himself in the few months he has left. Not so. Speaking this last week at the resumed Senate hearing on the alleged missing crude oil funds, Sanusi dropped a new bombshell – alleging the NNPC was yet to account for $20 billion ( over N3 trillion) being part of oil sales for the period between January 2012 and July 2013.

    This time, NNPC Managing Director, Andrew Yakubu, dismissed Sanusi as ignorant because the “CBN is a banking outfit, not a petroleum outfit.” He blamed the repeated claims by Sanusi on a lack of “understanding of the technicalities of the oil industry.”

    Yakubu’s comments are not only insensitive, they are disrespectful. What technicalities I ask? We are talking here of figures and keeping proper accounts. Serious issues are being dredged up that require rigorous explanations – not some trite comment. Even if the CBN Governor and his entire team of experts are as “ignorant” as Yakubu claims, it is his responsibility to expose that “ignorance” and enlighten the public with concrete evidence.

    Whatever Sanusi’s personal shortcomings may be, it would be totally irresponsible for the legislature and law enforcement agencies not to follow up on the grave allegations being made by no less a person than the governor of Nigeria’s Central Bank.

    Even if the “missing” monies were expended on the most laudable of causes it is important to establish how we got to the point of the funds being spent.

    These are the critical posers that demand clarity. Sanusi alleges that the NNPC was actually operating an unauthorised subsidy scheme through which the Federation Account lost $100 million monthly to what he calls a “racket.” Criminal activity is being imputed here.

    He has challenged the corporation to produce authorisation allowing it to purchase kerosene at N150 per litre from federation funds only to sell same at N40 per litre, “knowing full well that this product sells in the market at N170-N220 per litre.”

    These are serious issues that demand urgent clarification. That is the only way to know if Nigeria is truly being bled dry, or whether Sanusi is just an ignorant fiction writer who only wants to be remembered only as a mischief maker.

  • $20b oil money missing, Sanusi alleges

    $20b oil money missing, Sanusi alleges

    •NNPC: It’s not true

    Another major row over Nigeria’s cash crisis broke out yesterday.

    Missing from the Federation Account is N20 billion – up from N10.8 billion – Central Bank of Nigerian (CBN) Governor Sanusi Lamido Sanusi claimed.

    Sanusi told members of the Senate Committee on Finance at the National Assembly in Abuja that “it is established that of the $67 billion crude shipped by the Nigeria National Petroleum Corporation (NNPC) between January 2012 and July 2013, $47 billion was remitted to the Federation Account.”

    “It is now up to NNPC, given all the issues raised, to produce the proof that the $20billion unremitted either did not belong to the Federation or was legally and constitutionally spent,” the CBN boss said.

    Sanusi insisted that “there is no dispute that $20 billion out of $67 billion has not been paid into any account with the CBN.”

    Speaking on the supposed inter-agency reconciliation between the ministries of Finance and Petroleum Resources, NNPC, CBN, FIRS, Office of the Accountant General of the Federation and others, Sansui said the NNPC admitted that it lifted $67 billion worth of crude between January 2012 and July 2013. Of this amount, all agreed that the following amounts had been remitted to the Federation Account: “$14 billion as equity crude and $15 billion as payment to FIRS by International Oil Companies (IOCs).

    “They paid in crude, which was lifted by NNPC on behalf of FIRS. There was nothing in our records linking the two transactions; $2 billion Royalty payment to DPR by IOCs under similar arrangements as in (2) above and $16 billion out of the N428 billion taken as Domestic Crude Paid in Naira, not dollar,” Sanusi said.

    “The outstanding $20 billion the whereabouts of which needs to be proven by NNPC include: $12 billion out of domestic crude sales yet to be remitted. NNPC has already disclosed N180 billion as subsidy payment in the first quarter of. 2012. If PPPRA confirms this number, we will adjust the balance accordingly. As for the balance of $10.8 billion, NNPC has publicly disclosed that 80 per cent applied to petrol and kerosene subsidy.

    This explanation, Sanusi said, is “not tenable and the NNPC needs to provide the proof. The $6 billion shipped on behalf of NNPC belongs to the Federation Account and the need to investigate and audit the Strategic Alliance Agreement (SAAs) to recover amounts unconstitutionally diverted and $2 billion “third-party” financing” “we have not been given any documents explaining or proving this along with other claims around pipeline repairs, maintenance, strategic reserves etc. There was no appropriation for these expenses and NNPC also needs to substantiate them,” Sanusi said.

    Sanusi told the Committee that “a major source of revenue leakage from the system is NNPC’s unverified claims for subsidy and unilateral deduction from the Federation Account”. “If we take the PPPRA template, subsidy/litre of PMS is about 1,136litre/MT, the subsidy is around N1.5 billion. This means that for every $1 billion claimed by NNPC as subsidy deduction, the corporation is claiming to have imported at least 100 vessels of PMS.”

    In addition to the N180 billion reported in Q1:2011. NNPC had deducted N845 billion in 2011 and, according to the Farouk Lawan report, NNPC’s deduction for PMS subsidy in 2011 alone amounted to N1.7 trillion, if we add claims on Excess Crude naira account.

    Any serious investigation into these matters, Sanusi said, “will require an audit of NNPC’s database, which it is statutorily required to keep, based on subsidy guidelines. Only verification of the legitimacy of these claims can form the basis for a true reconciliation.”

    The CBN governor added that the NNPC, in paying what it calls kerosene subsidy, is confessing to a number of serious infractions. First, I have shown, based on NBS data, that Kerosene is not a subsidised product, and therefore the so-called subsidy is rent generated for the benefit of those in the kerosene business. Second, there is evidence that President Yar’Adua had issued a presidential directive eliminating this subsidy payment as from July, 2009. Third, these huge losses inflicted on the Federation Account have not been appropriated.”

    The burden of proof, Sanusi exploded, is “on NNPC to show where they obtained authorization to purchase Kerosene at N150/litre from Federation Funds and sell at about N40/litre, knowing well that this product sells in the market at N170-N220/litre. At what point was the presidential directive reversed? NPA records would suggest that NNPC imports about 4-6 vessels of kerosene a month. Industry sources place the value of each vessel at $30 million and the amount of “subsidy” per vessel at $20 million. This means, at an average of five vessels a month, the Federation Account loses $100 million every month to this racket.”

    The CBN governor then recommended that:

    •the NNPC should stop collecting 440,000bbl daily as “Domestic Crude”. The amount of crude should be reduced to the refining capacity of its refineries based on a signed refining contract that clearly states what products are to be delivered for each barrel;

    •Sale proceeds net of recognised processing costs are to go to the Federation Account;

    •All Crude for Product Swaps should be terminated and crude should be exported and sold at market price; and

    •Where NNPC needs to generate cash flow to fund PMS imports, it can “borrow” crude, on the approval of the Finance Minister, for 90 – 120 days. This crude is to be valued at the ruling market price. NNPC may sell the crude, import PMS and sell through its outlets. It should claim subsidy from PPPRA like every other marketer and present all required documents. Thereafter NNPC should pay back the full value of crude lifted to the Federation Account and retain the profit. Where NNPC delays payment, the amount outstanding should attract interest at commercial rates, until payment;

    •All the SAAs entered into by NPDC should be investigated for constitutionality. The production numbers, Opex and Capex, and profit shares should be audited. The tax arrangements entered into with these parties should be reviewed and all revenues due to the Federation collected. If possible, the SAAs should be terminated. Certainly, NNPC should be prohibited from entering into any SAAs in the future and; NNPC should account for subsidies claimed in 2010-13 by producing documentary proof of legitimacy.

    Sanusi said his submission to the committee investigating the whereabouts of the missing funds was to “protect the economy from these unsustainable losses”.

    As for what action needed to be taken on what has happened in the past, the decision on what to do in this case rests entirely with the Government, Sanusi said. His task, he said, is limited to raising the alarm over what he thinks is a development that is harmful to the economy, and establishing that the alarm was neither spurious nor baseless.

    He rounded off by insisting “that an investigation is needed to establish the extent of the losses and the nature of offence committed”.

    “The amount in 19 months may be $12 billion or $19 billion or $21 billion, we do not know at this point, but if we extend the period, the amount will increase anyway, since this has been going on for a long time. The first priority is to stop it. It is unsustainable, and it will, ultimately, if not stopped, bring the entire economy to its knees,” Sanusi said.

    The Director General of the Budget Office of the Federation, who represented the Minister of Finance, pleaded with the committee for an additional one week to allow the inter-agency reconciliation team complete its job.

    A similar request was made by the representative of the PPPRA, who said the Authority was working with figures and data on what has been imported, but he expressed hope that it might be concluded next week.

    The committee resumes its investigation on February 13.