…FG may sue IOCs, says AGF
The House
of Representatives Adhoc Committee investigating $17 billion
allegedly stolen from undeclared crude oil and liquefied gas sale in the
international market has demanded for a proper explanation on the sale
of 47,366,887 barrels between January 2011 and December 2014.
The Abdulrazak Namdas-led committee
expressed dissatisfaction over the differential in the documents
submitted to the committee by Nigerian National Petroleum Corporation
(NNPC), Department of Petroleum Resources (DPR), Nigeria Customs Service
(NCS), Nigerian Maritime Administration and Safety Agency (NIMASA) and
Nigerian Navy on
the crude lifted within the said period.
According to the documents submitted to
the committee, 13 oil companies over lifted 7,423,266 barrels of crude
in 2011 while 18 companies over lifted 20,367,803 barrels of crude in
2012.
Also, the committee, as part of its
investigation, asked the NNPC to provide it with details of all the
accounts it operated before the introduction of the Treasury Single
Account (TSA).
The lawmakers said the information is to
enable the committee determine the actual amount accrued from the sale
of crude oil and payments into Federation Account and level of
compliance with extant financial regulations.
Namdas, who confirmed that International
Oil Companies (IOCs) paid directly into the CBN Petroleum Profit Tax
Federal Inland Revenue Service (FIRS) account, expressed concern over
NNPC’s denial of the account, saying, Shell Petroleum specifically paid
over $2 billion into the account as BO/Shell/NNPC in 2012.
However, NNPC General Manager, Finance
Crude Oil and Marketing Division, Chris Akamairo, said, “no operator can
pay cash call” into the account directly.
The lawmakers also queried the
corporation for failing to give details of the money paid into the
Petroleum Profit Tax account on behalf of FIRS; the sum of $8.8 billion
accrued from 80,069,372 barrels of crude, which the corporation claimed
that SPDC lifted as well as the disparity between NNPC and DPR records
on crude lifted by Star Deepwater, SNEPCO and Total Upstream.
In his response, NNPC’s Acting Chief
Operating Officer (Upstream), Roland Ewubare, who disagreed with the
position of the lawmakers, observed that the differentials were not
realistic.
Ewubare argued that the Organisation of
Petroleum Exporting Countries (OPEC) wouldn’t have accepted Nigeria
producing beyond the approved quota, adding that it was also impossible
for a cargo to load 10,271,091 barrels of crude as alleged by Customs in
its report sent to the committee.
While noting that a standard cargo vessel
can lift 950,000 barrels, he further informed the committee that the
nominated production level is different from actual production.
Minister of Justice and Attorney General
of the Federation (AGF), Abubakar Malami, told the committee that there
are nine ongoing cases in Abuja and Lagos against some companies
including Chevron, Total, Agip, Adax Petroleum and Brass Oil Services
Limited, aimed at ensuring strategic recovering of stolen hydrocarbon
and liquified gas.
He further explained that the Federal Government filed the cases following a request by NIMASA to do so.
Malami also said President Goodluck
Jonathan, via a letter dated November 29, 2013, through the AGF’s
office, approved the request by NIMASA to enter into agreement with a
forensic firm, Molecular Power System Limited, to execute the
retainership agreement on the recovery of the stolen crude.
He, however, noted that the Federal
Government has not commenced the determination whether to institute
criminal charges against the affected companies.
The AGF urged the National Assembly to
expedite action on the passage of two bills critical to the fight
against corruption, namely, Proceeds of Crime and Whistle Blower with
dispatch, stressing the need for synergy between the three arms of
government.
He disclosed that the TSA and whistle
blower policies have helped in blocking leakages within the system,
adding that “those laws that add sense and meaning should be treated
with dispatch so as not to allow impunity to reign in the system.”
He maintained that the series of
litigations and appeals filed by the IOCs were responsible for the delay
in the determination of the cases.
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