Tag: Temisan Omatseye

  • Ex-NIMASA DG proposes plea bargain with EFCC

    Ex-NIMASA DG proposes plea bargain with EFCC

    A former Acting Director-General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Haruna Jauro, Monday proposed to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned him at the Federal High Court in Lagos for alleged N304.1million fraud.

    Jauro is among four ex-NIMASA chiefs charged with corruption-related offences.

    Others are Patrick Akpobolokemi, Calistus Obi and Temisan Omatseye, who was convicted.

    Obi, ex-NIMASA’s Executive Director, Maritime Labour and Cabotage Service, took over from Akpobolokemi, who is facing five separate fraud charges.

    Obi was relieved of his duties less than a week later, and replaced by Jauro, who was Executive Director, Finance and Administration.

    Jauro was charged with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting N304.1 million belonging to NIMASA.

    EFCC said they conspired on January 6, 2014, to convert N156, 477,500 belonging to NIMASA, knowing the money was stolen.

    They also allegedly converted N38, 170,000 between June 3 and September 1, 2014, “knowing that the sums were proceeds of stealing, and thereby committed an offence contrary to Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3).”

    EFCC said on May 30 and August 14, 2014, they converted N8, 500,000.00, property of NIMASA. The prosecution said they did so “knowing that the sums were proceeds of bribery”.

    The defendants had pleaded not guilty to all counts when they were arraigned, with EFCC opening its case.

    Trial was billed to resume Monday before Justice Mojisola Olatoregun-Ishola, but defence counsel Babajide Koku (SAN) said his client had begun plea bargain talks with the prosecution.

    He told the judge that the defence took the decision Monday.

    “It (plea bargain decision) came up this morning. I discussed directly with my learned friend (prosecution counsel) this morning,” Koku said.

    EFCC’s lawyer Rotimi Oyedepo confirmed the development.

    He said: “I confirm the intention of the defence to enter a plea bargain with the prosecution.”

    Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.

    “By the time you come back, you would have filed the plea bargain agreement and I would have looked at it and evaluated it,” she said.

    The judge adjourned until November 21.

  • Group faults EFCC on ‘Omatseye’s conviction claim’

    The Economic and Financial Crimes Commission (EFCC) chairman, Ibrahim Magu, has been faulted for saying the former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Temisan Omatseye, was convicted for “N1.5 billion contract scam.”

    EFCC had listed Omatseye’s sentencing as one of 140 convictions made in the last six months.

    But, a group, the Maritime Advocacy Group (MAG), said Omatseye was not convicted for fraud as EFCC implied, as no money was traced to his account.

    In a statement by its president, Ifeanyi Okolie and Secretary General, Kayode Animashaun, MAG said: “It is pertinent to note that nowhere in the judgment is Temisan Omatseye found guilty of any fraud let alone misappropriation of funds. No where again was it mentioned that he was guilty of any criminal offence.

    “For record purposes, Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos found him guilty of approving contracts above his threshold, a matter already subject to appeal.

    “Omatseye had always stated in his statements and in court proceedings that the said threshold was never officially transmitted to him at the time the contracts were awarded.

    “It is also pertinent to note that at no time was there any N1.5 billion fraud. This figure is a figment of the imagination of his persecutors. As a matter of fact, Omatseye, as at the time he was suspended, left more than N52 billion in NIMASA’s account.

    “When computed, the amount in the 27- count charge comes to about N90 million and not the N1.5 billion the public is made to believe.

    “We call on Ibrahim Magu, the hardworking chairman of the EFCC, to always get his facts right before issuing statements. We believe in objective and factual reportage and will continue to preach a zero tolerance to corruption in the maritime industry.”

  • Ex-NIMASA DG knows fate May 20

    Ex-NIMASA DG knows fate May 20

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos Monday failed to deliver judgment in the trial of a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Temisan Omatseye.

    Judgment was fixed before the judge was transferred to the court’s Ilorin Division.

    She, however, could not return to Lagos to deliver the verdict as expected.

    A new date, May 20, has been fixed.

    The Economic and Financial Crimes Commission (EFCC) arraigned Omatseye for allegedly awarding contracts above his threshold.

    He was charged with 27 counts bordering on bid rigging and contract splitting involving about N1.5 billion.

    Parties adopted their final written addresses on March 14. Omatseye’s lawyer, Mr Edoka Onyeke, urged the court to dismiss the prosecution’s arguments and acquit his client.

    He had argued that the prosecution did not prove its case beyond reasonable doubt.

    The prosecutor, Chief Godwin Obla (SAN), urged the court to uphold the prosecution’s case.

    He said there was evidence that Omatseye went beyond his threshold of N2.5million for “goods” and N5million for “works”.

     

  • Ex- NIMASA DG did not approve contract above threshold – Witness

    The Federal High Court in Lagos on Monday heard that a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Temisan Omatseye, did not approve a contract above his threshold.

    A witness, Abdullahi Muhammed, of Ministry of Justice, while testifying in Omatseye’s trial for contract rigging before Justice Rita Ofili Ajumogobia, said a February 13, 2013 document issued by the Bureau of Public Procurement (BPP) absolved Omatseye of any wrongdoing.

    “The letter, signed by Mike Oghiadomhe, was received, stamped and forwarded to the former Attorney-General of the Federation, Mohammed Adoke.

    “He minuted it out to the Solicitor-General who minuted same to the Director of Public Prosecution (DPP), who in turn minuted same to a lawyer for action as is done in the ministry.

    “When the file came back to me, it was marked KIV, meaning,  keep in view. And that’s where it has been until it was subpoenaed by the Federal High Court sitting in Lagos,” he said.

    The BPP in the letter addressed to former President Goodluck Jonathan and signed by Engr. Emeka Ezeh, its Director-General, noted that all the procurements in issue which Omatseye was being accused of were within the approved thresholds of NIMASA.

    The BPP was said to have pointed out that it was not contacted or consulted for useful advice before the charge against Omatseye was filed by the Economic and Financial Crimes Commission (EFCC).

    Ezeh therefore pleaded with the former President Jonathan to direct the anti-graft agency to contact the Bureau for useful advice or input in all procurement matters they were taking to court.

     

  • How I approved contracts at NIMASA, by ex-DG

    How I approved contracts at NIMASA, by ex-DG

    A former Nigeria Maritime Administration and Safety Agency (NIMASA) Director-General, Mr Temisan Omatseye, yesterday denied rigging or splitting contracts at the agency.

    He said he did not award the contracts single-handedly, but referred them to the governing board for approval.

    Omatseye said NIMASA did not know when the Procurement Act, which provides for a tenders board, came into effect, adding that he continued to rely on the governing board for approval of contracts above N5million.

    The former NIMASA boss is undergoing trial before Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos on an amended 27-count charges of contract scam.

    He was accused of contract splitting involving about N1.5 billion, which violates Section 58(4) (d) of the Public Procurement Act 2007 and Section 14(a) of the money laundering (Prohibition) Act, 2004. He pleaded not guilty to the charges.

    During cross-examination by counsel for the Economic and Financial Crimes Commission (EFCC) Godwin Obla (SAN), Omatseye said all contracts awarded under his tenure followed due process.

    Some of the contracts were for office equipment such as generating sets, computers, printers, BlackBerry smartphones, among others.

    Omatseye said between September 2009 and April 2010, there was no Tenders Board at NIMASA.

    He said he was unaware of the need for a Tenders Board because the law was not brought to the agency’s attention.

    “The Procurement Act was not known to the agency. That’s why everything was going through the governing board in line with the NIMASA Act,” Omatseye said.

    According to him, all the contracts were advertised.  “When I was the Director-General, and coming from private sector, I ensured that extant guidelines were followed. We ensure that everything was advertised.”

    When Obla confronted Omatseye with the fact that a particular contract was awarded for N129million to a company that bidded N100million, when another company had bidded N84million, the defendant said he later cancelled the contract.

    “The statements by myself and MK Shehu (his Director of Procurement) categorically stated that this contract was cancelled,” he said.

  • ‘Banning of vessels didn’t follow  due process’

    ‘Banning of vessels didn’t follow due process’

    Temisan Omatseye, former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), is the President African Shipowners Association, an umbrella body for shipowners across Africa with headquarters in Johannesburg, South Africa. Omatseye in this interview with Ibrahim Apekhade Yusuf speaks on the ban of 113 vessels by the federal government. Excerpts:

    There are feelers that the 113 shipping vessels banned by the federal government from lifting crude from the 27 oil terminals across the length and breadth of Nigerian territorial waters were indeed involved in act of economic sabotage. How will you react to this?

    There are several versions of report on why the vessels were banned. Exactly what crime has been committed that led to this ban is still a subject of a major investigation by the African Shipowners Association of which I’m the president and the Nigerian Shipowners Association (NISA) led by Aminu Umar.

    As it were, we as ship owners in Africa also have relationship with international ship owners overseas. So, first of all, we need to really find out what actually happened because we’re hearing too many stories. So, we need to engage the Ministry of Petroleum and also the Nigerian National Petroleum Corporation (NNPC) to get the real information because the ship owners abroad are claiming they don’t know what is going on. They don’t know why their vessels have been banned, what’s going on and all of that.

    Some of them are even claiming some of the vessels on that list have never been to Africa. So there is a lot of confusion going on right now. But of course, we won’t be a party to or support any vessel engaged in any form of criminal activity whether illegal lifting of Nigerians crude oil. We would like a situation where the full weight of the law is visited upon such a person. But whatever the case may be, we the hope issues would be resolved.

    The number 113 of those involved is actually huge much…

    That’s the whole point we’re making. There are a total of 3,000 tankers lifting crude oil all over the world and you’re banning five percent of that from lifting crude here. I know three people in Greece. Between the three of them they own 350 tankers. And you have many people who have just as many tankers. We have to be careful when we take some actions because at the end of the day, the rippled effect on the Nigerian economy will be more devastating than the action we’re trying to take. A situation where we did not involve the maritime administration, involve the International Maritime Organisation (IMO), the World Tanker Body, or involve the African and Nigerian ship owners is not enough. Everybody should have been involved before the issue of ban. So for somebody to just get up and take such a unilateral decision, it’s not okay at all. That’s our position. So we must get to the root of the matter.

    Are you optimistic that after a thorough investigation some of the names blacklisted would be vindicated?

    I hope so. But I must tell you the truth, if they blacklist Nigeria from participating in the global economy for instance, are we going to be drinking our oil? You do not just ban 113 tankers and all of them are complaining. What that means is that you have not engaged them.

    You don’t just look at your books and say so and so tankers are banned and then publish their names. Do you know the implications of that on their business? Most of them are quoted on New York Stock Exchange and all of that. Do you know what that means to their reputation? Now they are running helter-skelter. They don’t know what’s going on, they’re asking questions. There is need to properly arbitrate on this matter.

    Could you let us in on the modus operandi involved in freight operation, especially with regards to shipping?

    A vessel that comes to load a product, the captain has clear cut documents he has to fill whether he likes it or not, which shows the cargo, the quantity loaded such as the bill of lading, the log in, etc. The fact remains that what questions were been asked by NNPC? What was been requested from the ship owners? What was provided for them? Who were the owners of the products? Who were the trackers of the vessels? These are questions we need to know.

    Because many times, the captain only follows directions being required of him through the owners. So these are the questions that need to be answered. Until we answer these questions, we cannot begin to point fingers.

    But like I said, if at the end of the day it is discovered that if they’ve been using Nigerian ship owners to steal our crude oil, then they have to answer for their crimes.

    Your organisation, African Shipowners Association, recently led a delegation to the African Union’s Head of State meeting in Addis Ababa, Ethiopia, where the Decade of African Maritime Development was launched. What really informed the formation of this body?

    The African Shipowners Association, of which I’m the president was borne out of the realisation by members of the African Union that of all the ocean-borne freight that is being done in Africa, in terms of exports, African countries get back just 0.03% of that. So, what is happening now is that Africans want to be able to control the movement of goods and services within and across the continent. The only country in Africa that has been able to maximise her potential in terms of shipping is Ethiopia. For the first time, the African Union is considering the establishment of a maritime bank. Currently we have over seven member countries but the membership is open to all the countries across the continent.

  • Omatseye is APC Delta South  Senatorial candidate

    Omatseye is APC Delta South Senatorial candidate

    A LAWYER, Temisan Omatseye, has clinched the Delta South Senatorial District’s ticket of the All Progressives Congress (APC), after he won in the party’s primary, held in Oleh, Isoko South Local Government Area on Monday night. Omatseye scored 424 votes while his closest contender, Yemi Emiko, got 181 votes and the third aspirant, Dr. Austin Urette, won 18 votes.

    Speaking with reporters after the exercise, Omatseye described his election as a victory for the people of Delta South, expressing confidence that APC would emerge victorious at the general elections.

    A  former Delta State Commissioner for Justice and Attorney-General, Chief Andrew Orugbo, emerged winner of the APC House of Representatives primary for Ughelli North/Ughelli South and Udu Federal Constituency, scoring 496 votes to beat his closest rival, Sylvester Akpodiete, who scored 333.

  • ‘I work with people who are smarter than me’

    ‘I work with people who are smarter than me’

    Mr. Temisanren Raymond Omatseye, former Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), who holds a first and second degrees in law from the University of Wales, Aberystwyth and London School of Economics, both in the United Kingdom, is a seasoned maritime expert. Omatseye who is currently vying for the position of Chairman, Indigenous Ship Owners’ Association of Nigeria (ISAN), the umbrella industry association of vessel owners, in this interview with Ibrahim Apekhade Yusuf, speaks on his mission and vision for the organisation. Excerpts:

    You have signified your interest in running for the Chairman of Indigenous Ship Owners’ Association of Nigeria? Are you well grounded in the issues afflicting the industry?

    Sincerely, I must be very frank with you, I have maritime-shipping running in my vein. Everybody has their major and minor. For me, shipping is my major.

    Well, I’m sure a lot of indigenous Nigeria ship owners will remember clearly when I first became the DG, one thing I said to them is that I need to prepare a maritime administration that works well so that when I come out as a maritime administrator, things would be very okay because I was on this side of the fence with them before I went to the other side of the fence. I have seen both sides of the fence. I have seen the issues a maritime administrator faces and I have seen what the ship owners are facing. Ship owners are the ones that know what pains they go through but maritime administrators have issues because they don’t appreciate this because many of the guys who are into maritime administration have not been in shipping.

    So, when a ship owner tells me this is the issue, I can tell him that, okay yes I know because I can feel what is happening as a ship owner. This is because I have been in the industry to understand what happens as a ship owner and I can also say, well, this is the problem a maritime administrator would have. What we need to do is to see how we can bring the maritime administrator to a position with the ship owners so that the industry can move in sync because what you find out is that most times, a ship owner is suffering and a maritime administrator is shouting. And all of a sudden, they are both fighting themselves and nothing is moving forward.

    So, I believe that as a person who has been on each side of the divide of both administration and operations of vessels, I will be able to bring together both institutions and coupled with my international contact and friends, I also would be able to do a few things.

    You mentioned the fact that ship owners are assailed with some challenges, could you be more specific?

    Ship owners are facing challenges in securing contract of afreightment. I have always said this, that a man who does not have cash flow cannot run a successful business. What is happening is that the businesses that should naturally be given to Nigerians who are capable of doing them, are being given to foreign ship owners who are not domiciling the money in Nigeria but rather taking it away as capital flight. So, that is the major challenge Nigerian ship owners are facing.

    Consequently, what now happens is that Nigerian ship owners are not able to pay for some kind of services, such as buying his bunkers.

    A Nigerian ship owner would rather buy his bunkers directly from a Nigerian bunkering supplier. But what happens is that the foreign ship owner would rather go to Lome, in Togo, saying, well, I believe the quality of bunkers in Lome are better than what we get in Nigeria. So, that is money we’re losing to outsiders. Whereas a Nigerian ship owner, which I know is the case, would rather buy his bunkers here. Right now, we have to look at how we can discourage this form of capital flight.

    If you talk of food, what I have learnt about the Nigerian crew is that they prefer to eat our local food like garri, egusi, ogbono, and stuffs like that, which they buy from the Nigerian market. Whereas when you have a foreign crew, you have to import their beef, chicken, almost everything. Again that is a conduit pipe for our economy. Those are the challenges our ship owners contend with. So what then happens is that because our ship owners don’t have the adequate business contract, they now buy substandard vessels and all of that.

    Now, for a maritime administrator, his number one priority is safety. So, he would not give up his primary obligation of making sure the vessel operates safely for a ship owner that is trying to be materialistic because Nigeria is a signatory to international maritime convention. So, that creates a conflict because the maritime administrator needs to do his job. A maritime administrator is talking about safety and due process based on international convention. A Nigerian man would say I can do these things but somebody needs to give me the job to earn the money to be able to meet up these requirements. So, naturally there is going to be a problem. So, the question is between the chicken and the egg, which one comes first?

    So, when we come on board, one of our mandates would be to find ways and means of how a maritime administrator can support the ship owners to meet international standards and how we can create the contract for Nigerian ship owners to get enough cash flow to get the kind of internationally acceptable vessels that would make a maritime administrator not come after him.

    In the past, a lot of the maritime associations work at cross purposes to the detriment of the business. Do you hope to build a synergy of cooperation among these different groups?

    The first thing I would do is to bring all Nigerian ship owners irrespective of the ownership they have whether it’s offshore vessels, fishing trawlers, tankers and what not, under one umbrella. Now, within that one umbrella, we can now operate. All ship owners irrespective of who they are must speak with one voice. There must be a unity of purpose because we are all buying the bunkers from the same place and sourcing our seafarers from the same place. Therefore, we should also be able to draw in the master mariners, the dockworkers, and the chandeliers, to come in and work with us because it’s us shippers that are providing the businesses that drive them to come. So, if I emerge as president of the association, my aim is to bring everybody on board. We must realise that we have a common purpose and our common purpose is to be nationalistic. So, my aim is to bring everybody that is anybody within the shipping industry into one room to achieve our common goal.

    What other programmes do you hope to bring on board?

    The other programme I’m going to have is also working very closely with other government institutions. This is not a situation where we are going to be a lame duck. We need to let the government hear us. We will impress on the government the benefits of having a very strong ship owners’ association. And one of the things we’re going to do is basically put on the table, to show government the drain pipes on the economy. We’re going to sit down, we’re going to do a study, we’re going to show them figures of the impact on the economy by virtue of the failure of government not utilising Nigerian ship owners. It’s going to be scientific, not sentimental.  And we’re not going to fight government. We want to work with government to find solutions to problems as it relates to logistics, subsidies, etc. So many issues are there that we Nigerian ship owners can assist government with. We will show them where the loopholes are, and being Nigerians we will tell them how to block those loopholes to save us capital flight that we’re currently experiencing.

    What management style works for you?

    My management style is delegation.  I like to have people who are smarter than me around me. And basically, I try to act as a leader who shows the way to others and have them deliver to the best of their abilities. I try to give myself enough time to do visioning because a person who is too involved in day to day affairs of running a business  will not have enough time to sit down to envision and think of where else to go. That is what you should do as a leader. You’re not supposed to be bugged down by the day to day affairs of the administration of the company, leave that to some else to do. Your job is to drive your team. So, my own style of management is through delegation and giving the people the tool. I believe for every leader who leads a team to make sure he builds followers who can act in his stead when the chips are down.

    What that means is that if you leave tomorrow, there won’t be a vacuum in leadership. When you do a lot of delegation, what you are doing is that you build up a pool of people who can step into your shoes the moment you go.

    How do you motivate your staff?

    Motivation is based on performance. First of all, as a staff you must love your job. That’s one. I believe as a staff, you must like what you are doing, ok? Because if you enjoy your job, you can give up to 110 per cent of your time and commitment to it, whereas a person who is just coming for the sake of collecting salary will only give 50 per cent. So, naturally, because you’re getting your return, it also has to reflect on the man’s pocket too. So, you must be able to pay the guy his worth. For me, there are two ways to it. You must have a basic salary which you must give somebody which should be reasonable enough for the person to pay his bills and all that. You must also give him a target which should stimulate him to get something better based on the achievement of that target. I think there must be a percentage given to that person who is not driven by the fact that he is earning salary but who is driven by the fact that based on my performance, I will get more. So, he now wants to perform optimally so that he can get more in return.

    How do you reprimand erring staff?

    I don’t tolerate disloyalty from staff. So, when there is disloyalty from a staff, I just fire them. I don’t compromise that at all.

    Toughest decision ever made as a CEO?

    The toughest decision I ever took is when I was into manufacturing. I was actually involved in rubber manufacturing. We had to go to the forest to extract the latex and later process same into finished products. I interacted mostly with workers at the factory. As a manufacturer, you’re involved in the total supply chain. In doing so, you’re seeing the impact that it has on the rural areas. But at appoint, it became a problem to continue with the business simply because the government failed to invest in making additional rubber and palm plantations. And what happened was that as a result, the demand outstripped supply and the prices went up and what the government was using to subsidise was the Export Grant, which was not adequate after all. Year in year on, I was recording losses but I couldn’t muster the courage to close the factory. In fact, when I eventually closed the factory, I had to keep paying my staff for over nine months full salary because I just couldn’t bring myself to lay off the workers. Imagine having a staff who joined your employ as a corps member, got married and stayed on to work with you for say 10 years. How do you tell such a person he should go, go where? It was a dilemma for me at the time.