OPEC president sheds more light on the alleged forfeiture, and other allegations. RESPONSE 1. THE $153.3MILLION ALLEGATION I am deeply disturbed and bewildered by recent media reports (Premium Times Thursday 12 January, 2017 and other dailies about the same time) claiming that by virtue of an order of the Federal High Court, I have forfeited to the Federal Government, the sum of $153.3m which I purportedly stole from the Nigerian National Petroleum Corporation, NNPC. First and foremost, whilst the reasons for my being out of the country are public knowledge, the principle of fair hearing demands that I should have been notified of formal charges if truly there was a prima facie evidence or indictment against my person linking me with the said issue, so as to ensure that I had adequate legal representation. This was never done. I wish to state that I cannot forfeit what was never mine. I do not know the basis on which the EFCC have chosen to say that I am the owner of these funds as no evidence was provided to me before the order was obtained and they have not in fact served me with the order or, any evidence since they obtained it. As at the time of my writing this rebuttal (Thursday 19th January, 2017) the EFCC have still not furnished me or my Lawyers, with a copy of the order. I am also informed by my lawyers that the legislation under which the EFCC obtained this order is for situations where the funds are believed to be the proceeds of crime and the owner is not known. I do not therefore, understand how the EFCC can in the same breath say that the monies in question are mine. If they had evidence that the monies were mine then they would not /should not, have used the procedure which applies only to funds of unknown ownership. If indeed they used this particular legal procedure because they did not know who owned the monies, then how can they now be falsely attributing the ownership to me(Annex-1A). Let me re-state categorically as I have always maintained, for the record, I have NOT and WILL NEVER Steal Money from OR DEFRAUD the Federal Government of Nigeria. I am willing to respond to any charges brought against me that follow duly laid down procedures. However, in their typical manner and style, the EFCC have gone to the media to attempt to prosecute their case as trial by TV and other media, rather than go through the onerous but tried and tested means of the Judicial Court process. In the face of the obvious falsification of facts and misinformation, it is only right and proper that the EFCC should publish the details of the $153.3M lodgements, the bank account numbers and the account beneficiaries, showing proof of my link to them. Having also alleged that the said $153.3M was ‘wired’ from NNPC, the EFCC should also publish details of the NNPC accounts from where the said $153.3 million was taken from, with proof that I authorized such a transaction/transactions acting either in my private capacity or, as The Honourable Minister of Petroleum. Let me state for the record that as Minister of Petroleum, the operation and management of NNPC finances were outside my purview as outlined in both the Petroleum Act and the NNPC Act. The only involvement I had in NNPC Finances was in terms of statutory matters, where the Petroleum Act prescribed that as Minister, there were certain duties or actions which I had to perform or take in relation to NNPC. 2. MALABU With regards to the various news reports published in both the online and print media, insidiously inferring that I was indicted by Italian prosecutors for, as they put it, ‘ sharing in the Loot’ of the $1.3bn OPL 245 oil block deal that involved Malabu and the Joint Venture Multinational partners, ENI(AGIP) and Royal Dutch Shell. Let me once again State for the record, that this is another figment of the author’s imagination, which given the persistent bid to ensure my destruction and stick all of the Sins of the Corruption plagued Oil and Gas Sector of over the last 30years upon my head, probably emanated from the EFCC itself! Let me clarify the position re the history of OPL 245, otherwise known as Malabu. You will find a full chronology in the attached report that I made to the House of Representatives in late 2011 (Annex 2A/Annex-2B). In 2010, shortly after I was appointed as Minister of Petroleum Resources, the issue of OPL 245 was brought to my attention. I looked into the case and immediately became aware of the inherent and long standing sensitivities around this issue. It became clear from the onset that this case was not within the direct purview of the Minister of Petroleum Resources but in the main was centered around issues of Law. By this time there was already an ICSID(International Centre for Settlement of Investment Disputes) investigation and claims against the FGN running into billions of dollars. Therefore, we took directives from the Chief Legal Officer of the Nation; the Attorney General and Minister of Justice. In all of these matters due process was followed to the letter at all times. I wish to categorically state that I have never held any discussions on this matter, with any individuals or entities outside of official channels. As Minister of Petroleum Resources, I did not participate in any activity relating to financial payments on the Malabu matter, other than those statutorily mandated to the Minister of Petroleum Resources by the Petroleum Act. My role in this matter was a purely statutory one as required by Law in the Petroleum Act 3. THE ALJAZEERA REPORT – $18MILLION MANSION Diezani Alison-Madueke On the 13th of June 2016, the EFCC once again took their well-trodden path to the media. This time claiming that they had ‘discovered’ a mansion in Asokoro, Abuja, worth $18million (approx. N9billion) which they purported to belong to me. The EFCC went to the extent of bringing in Aljazeera, an International TV Station, to air a damaging documentary against me in this regard, showing a particular residential building in Asokoro, Abuja, which they told Aljazeera belonged to me https:. The EFCC Chairman Ibrahim Magu, personally took the Aljazeera reporter to the building, alleging that it belonged to me. It has since become apparent that the house belongs to a company owned by Mr Kola Aluko. If this is not a witch hunt or a personal vendetta against me, how is it that one of our Country’s premier investigative agencies were unable to avail themselves of facts that are freely available in the public domain. Since the EFCC claims that the alleged $18million Asokoro property belongs to me, then they should kindly produce the ‘Authentic’ Certificate of Occupancy and Land Registry information and any other relevant information, as proof of my ownership of the property. 4. FAMILY HOME – YENEGOA, BAYELSA STATE On the 9th November 2016, the EFCC visited our Family home in Yenegoa (Bayelsa State) as pre-agreed and they were escorted around the premises. I was therefore completely shocked to once again see my name sensationally splashed across the Front Pages of Newspapers and widely circulated on the internet, with blaring Headlines such as “EFCC UNCOVERS DIEZANI’S MULTI-BILLION NAIRA ESTATE” – Nation Newspaper, January 8, 2017 (Annex- 4A). There was absolutely nothing ‘Hidden’ or ‘Concealed’ about the home. I HAD DECLARED IT OPENLY as required by Law, in my Asset declaration forms (Annex-4B). Yet the EFCC have announced that they ‘Just Discovered’ my ‘Hidden Estate’! And labelled it a ‘Multi-Billion Naira Estate’! Even though they had been given the Bill of Quantities, showing actual amount spent. It is accepted Tradition across the length and breadth of Nigeria, for people to own Country/Village homes. Given the size of the land and the location of the compound, the buildings thereon cannot by any stretch of the imagination be a “Multi-Billion Naira” palatial estate, as the news mongers would want to portray. The EFCC were taken on a tour of the compound which consisted of A Main house, and two outhouses – An Obi (meeting bungalow) and a staff quarters(BQ) building – above which we built 3 guest rooms and a parlour. The only other 2 structures are the gate and generator houses. Construction began in late 2011 and was handled in phases. During the visit the EFCC was given the bill of quantities, which up until the time construction stopped in early 2015, due to my illness, was at approximately N394million which was declared in the code of conduct documentation, attached (the costs were partially funded by a loan – see code of conduct – Annex4B, the work is still uncompleted and the contractor is still being owed). Building costs escalated as a result of delays in construction and external factors such as the extreme flooding of late 2012, that covered most of our areas in the Niger Delta. It is the accepted norm when building in the Niger Delta, that due to the topography of the land and the heavily waterlogged and marshy terrain, construction is infinitely more expensive than in other parts of the Country, as by its nature it requires the building of extensive piling/raft foundations before any structural work can commence. The flooding of 2012 compounded the problem and further increased the cost of construction. 5. $700 Million Cash Found In My House Stories were circulated by unscrupulous agents of calumny that the EFCC found a mind boggling $700million in cash in my home in Abuja. Would the videos of this $700 million cash discovery not have made good viewing? Or should those who recovered this money not tell the public where exactly the money has been kept?
Read more at http://www.vanguardngr.com/2017/01/not-will-never-steal-money-defraud-federal-government-nigeria-diezani/
Former minister of
petroleum resources, OPEC president Mrs Diezani Alison-Madueke has
denied unsubstantiated allegations that were made recently by the EFCC
regarding the sum of $153m forfeiture.
The former OPEC president sheds more light on the alleged forfeiture,
and other allegations.
RESPONSE
1. THE $153.3MILLION ALLEGATION
I am deeply disturbed and bewildered by recent media reports (Premium
Times Thursday 12 January, 2017 and other dailies about the same time)
claiming that by virtue of an order of the Federal High Court, I have
forfeited to the Federal Government, the sum of $153.3m which I
purportedly stole from the Nigerian National Petroleum Corporation,
NNPC.
First and foremost, whilst the reasons for my being out of the country
are public knowledge, the principle of fair hearing demands that I
should have been notified of formal charges if truly there was a prima
facie evidence or indictment against my person linking me with the said
issue, so as to ensure that I had adequate legal representation. This
was never done.
I wish to state that I cannot forfeit what was never mine. I do not know
the basis on which the EFCC have chosen to say that I am the owner of
these funds as no evidence was provided to me before the order was
obtained and they have not in fact served me with the order or, any
evidence since they obtained it. As at the time of my writing this
rebuttal (Thursday 19th January, 2017) the EFCC have still not furnished
me or my Lawyers, with a copy of the order.
I am also informed by my lawyers that the legislation under which the
EFCC obtained this order is for situations where the funds are believed
to be the proceeds of crime and the owner is not known. I do not
therefore, understand how the EFCC can in the same breath say that the
monies in question are mine. If they had evidence that the monies were
mine then they would not /should not, have used the procedure which
applies only to funds of unknown ownership. If indeed they used this
particular legal procedure because they did not know who owned the
monies, then how can they now be falsely attributing the ownership to
me(Annex-1A).
Let me re-state categorically as I have always maintained, for the
record, I have NOT and WILL NEVER Steal Money from OR DEFRAUD the
Federal Government of Nigeria. I am willing to respond to any charges
brought against me that follow duly laid down procedures. However, in
their typical manner and style, the EFCC have gone to the media to
attempt to prosecute their case as trial by TV and other media, rather
than go through the onerous but tried and tested means of the Judicial
Court process.
In the face of the obvious falsification of facts and misinformation, it
is only right and proper that the EFCC should publish the details of
the $153.3M lodgements, the bank account numbers and the account
beneficiaries, showing proof of my link to them. Having also alleged
that the said $153.3M was ‘wired’ from NNPC, the EFCC should also
publish details of the NNPC accounts from where the said $153.3 million
was taken from, with proof that I authorized such a
transaction/transactions acting either in my private capacity or, as The
Honourable Minister of Petroleum.
Let me state for the record that as Minister of Petroleum, the operation
and management of NNPC finances were outside my purview as outlined in
both the Petroleum Act and the NNPC Act. The only involvement I had in
NNPC Finances was in terms of statutory matters, where the Petroleum Act
prescribed that as Minister, there were certain duties or actions which
I had to perform or take in relation to NNPC.
2. MALABU
With regards to the various news reports published in both the online
and print media, insidiously inferring that I was indicted by Italian
prosecutors for, as they put it, ‘ sharing in the Loot’ of the $1.3bn
OPL 245 oil block deal that involved Malabu and the Joint Venture
Multinational partners, ENI(AGIP) and Royal Dutch Shell. Let me once
again State for the record, that this is another figment of the author’s
imagination, which given the persistent bid to ensure my destruction
and stick all of the Sins of the Corruption plagued Oil and Gas Sector
of over the last 30years upon my head, probably emanated from the EFCC
itself!
Let me clarify the position re the history of OPL 245, otherwise known
as Malabu. You will find a full chronology in the attached report that I
made to the House of Representatives in late 2011 (Annex 2A/Annex-2B).
In 2010, shortly after I was appointed as Minister of Petroleum
Resources, the issue of OPL 245 was brought to my attention. I looked
into the case and immediately became aware of the inherent and long
standing sensitivities around this issue. It became clear from the onset
that this case was not within the direct purview of the Minister of
Petroleum Resources but in the main was centered around issues of Law.
By this time there was already an ICSID(International Centre for
Settlement of Investment Disputes) investigation and claims against the
FGN running into billions of dollars. Therefore, we took directives from
the Chief Legal Officer of the Nation; the Attorney General and
Minister of Justice. In all of these matters due process was followed to
the letter at all times.
I wish to categorically state that I have never held any discussions on
this matter, with any individuals or entities outside of official
channels. As Minister of Petroleum Resources, I did not participate in
any activity relating to financial payments on the Malabu matter, other
than those statutorily mandated to the Minister of Petroleum Resources
by the Petroleum Act. My role in this matter was a purely statutory one
as required by Law in the Petroleum Act
3. THE ALJAZEERA REPORT – $18MILLION MANSION
Diezani Alison-Madueke
On the 13th of June 2016, the EFCC once again took their well-trodden
path to the media. This time claiming that they had ‘discovered’ a
mansion in Asokoro, Abuja, worth $18million (approx. N9billion) which
they purported to belong to me. The EFCC went to the extent of bringing
in Aljazeera, an International TV Station, to air a damaging documentary
against me in this regard, showing a particular residential building in
Asokoro, Abuja, which they told Aljazeera belonged to me https:. The
EFCC Chairman Ibrahim Magu, personally took the Aljazeera reporter to
the building, alleging that it belonged to me. It has since become
apparent that the house belongs to a company owned by Mr Kola Aluko.
If this is not a witch hunt or a personal vendetta against me, how is it
that one of our Country’s premier investigative agencies were unable to
avail themselves of facts that are freely available in the public
domain.
Since the EFCC claims that the alleged $18million Asokoro property
belongs to me, then they should kindly produce the ‘Authentic’
Certificate of Occupancy and Land Registry information and any other
relevant information, as proof of my ownership of the property.
4. FAMILY HOME – YENEGOA, BAYELSA STATE
On the 9th November 2016, the EFCC visited our Family home in Yenegoa
(Bayelsa State) as pre-agreed and they were escorted around the
premises. I was therefore completely shocked to once again see my name
sensationally splashed across the Front Pages of Newspapers and widely
circulated on the internet, with blaring Headlines such as “EFCC
UNCOVERS DIEZANI’S MULTI-BILLION NAIRA ESTATE” – Nation Newspaper,
January 8, 2017 (Annex- 4A). There was absolutely nothing ‘Hidden’ or
‘Concealed’ about the home. I HAD DECLARED IT OPENLY as required by Law,
in my Asset declaration forms (Annex-4B). Yet the EFCC have announced
that they ‘Just Discovered’ my ‘Hidden Estate’! And labelled it a
‘Multi-Billion Naira Estate’! Even though they had been given the Bill
of Quantities, showing actual amount spent.
It is accepted Tradition across the length and breadth of Nigeria, for
people to own Country/Village homes. Given the size of the land and the
location of the compound, the buildings thereon cannot by any stretch of
the imagination be a “Multi-Billion Naira” palatial estate, as the news
mongers would want to portray.
The EFCC were taken on a tour of the compound which consisted of A Main
house, and two outhouses – An Obi (meeting bungalow) and a staff
quarters(BQ) building – above which we built 3 guest rooms and a
parlour. The only other 2 structures are the gate and generator houses.
Construction began in late 2011 and was handled in phases. During the
visit the EFCC was given the bill of quantities, which up until the time
construction stopped in early 2015, due to my illness, was at
approximately N394million which was declared in the code of conduct
documentation, attached (the costs were partially funded by a loan – see
code of conduct – Annex4B, the work is still uncompleted and the
contractor is still being owed). Building costs escalated as a result of
delays in construction and external factors such as the extreme
flooding of late 2012, that covered most of our areas in the Niger
Delta.
It is the accepted norm when building in the Niger Delta, that due to
the topography of the land and the heavily waterlogged and marshy
terrain, construction is infinitely more expensive than in other parts
of the Country, as by its nature it requires the building of extensive
piling/raft foundations before any structural work can commence. The
flooding of 2012 compounded the problem and further increased the cost
of construction.
5. $700 Million Cash Found In My House
Stories were circulated by unscrupulous agents of calumny that the EFCC
found a mind boggling $700million in cash in my home in Abuja. Would the
videos of this $700 million cash discovery not have made good viewing?
Or should those who recovered this money not tell the public where
exactly the money has been kept?
Read more at: http://www.vanguardngr.com/2017/01/not-will-never-steal-money-defraud-federal-government-nigeria-diezani/
Read more at: http://www.vanguardngr.com/2017/01/not-will-never-steal-money-defraud-federal-government-nigeria-diezani/
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