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Alleged Manipulation of Tax : Italian Construction company, Borini Prono, Battles Nigerian Police

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OLA KING

Alleged manipulation of tax : Italian Construction company, Borini Prono, Battles Nigerian Police 

   A limited liability company Borini Prono & company Nigeria Limited, whose Directors are under investigation over alleged crime of fraudulent practice to cheat the Federal Inland Revenue on tax and to deny contract facilitators of financial entitlement has dragged Inspector General of Police before a Federal high court sitting in Lagos.

      The Italian construction company is urging the court to restrain the defendants Police officers from inviting, interrogating, investigating, or detaining the officers of the company        Joined as co-respondents in the suit are, The Assistant Inspector General of Police CID zone 2 Police command, The Commissioner of Police CID zone 2 Command,The Assistant Commissioner of Police CID Zone 2 Command, and a Lagos businessman Christopher Uzodike.    In an affidavit sworn to by a Director of Borini Prono & Company Nigeria Limited, Paolo Prono of  11 Burma Road,Apapa,Lagos state averred that by invitation letter dated 20th March, 2019 Mr Gianfranco Albertazzi,, the Managing Director of the company was invited by the Zonal monitoring Unit of the Nigerian Police Force Zone 2 Headquarters    On 25th of March,2019 he reported at the Zone 2 Police Command, in the company of his lawyer, upon his arrival, he was shown a petition written against him by one Mr Christopher Uzodike on the basis of alleged outstanding contractual indebtedness of his company to him.      He was interrogated and was admitted and release  on administrative bail and was instructed to return on 2nd of April,2019with documentation in support of the position of his company.      He reported as instructed but officer in charge of his case was not available.
      However, to his utmost surprise at about 5am on the morning of 3rd April,2019 he was arrested at his residence in Ikoyi, Lagos, by officers from criminal and investigating Department Zone 2 Onikan Lagos and detained on the assertion that he failed to report as instructed.        Thereafter joint meeting was held with the petitioner, his lawyer with the officer in charge of the criminal investigation in respect of a second petition and was requested to report back on 10th April,2019.      On the 10th of April, he made statement on behalf of the company, and the commissioner in charge of CID after reading the content of the petition of Mr Uzodike  and questioning the parties came to the conclusion that the matter related to purely to civil contractual transaction which was outside the purview of the Nigerian Police,therefore he was requested to report back on May 6, 2019,    However,  he sought the advice of his lawyer, who advice him that, continuous, invitation, interrogation and arrest by the Police at every material time has continued to disrupt business and operation of the company, particularly in respect of critical road construction currently being executed.      

Consequently, he urged the court to restrain the defendants from further inviting, interrogating, investigating,or detaining, the Directors, Managers, Secretaries or any officer of the company as Nigerian Police being law enforcement agency, is not empowered to entertain petitions in respect of civil or contractual disputes. 

   However in a counter affidavit sworn to by Inspector Fidelis Ilobun, Police Officer, serving at Zonal Criminal Investigation and Intelligence Department, Zone 2 Police command,  He claimed that he is a member of the Police Team that is investigating criminal allegations against the company  captioned Re: FRAUDULENT PRACTICES BY THE FOREIGN COMPANY BORINI PRONO & CO. (NIGERIA) LIMITED. TO CHEAT THE FEDERAL INLAND REVENUE OF TAX AND TO DENY LOCAL PARTNERS AND CONTRACT FACILITATORS OF THEIR HUGE FINANCIAL ENTITLEMENTS, reported to the  Assistant Inspector General of Police Criminal investigation Department Zone 2 by  a Lagos businessman Mr Christopher Uzodike against the Borini Prono company from which this suit arose.

   Inspector Ilobun who claimed to be a member of the Police Team investigating the criminal allegations of fraudulent practice to cheat the Federal Inland Revenue on tax and to deny local partners and contract facilitators of financial entitlements reported to the Assistant Inspector General of Police  against the Company stated that in the course of Police investigation of the alleged crime alleged  above,

 The police invited the officers of the Borini Prono company , namely; Messrs Gianfranco Albertazzi and Mr. Paolo Prono via Police invitation letter dated 29th March, 2019

 Mr Albertazzi reported at the Zone 2 Police command on 25th March, 2019 together with his Lawyer, Mr. Remi Dalley, and having read through the petition against the Applicant, volunteered statement to the Police as one of the officers of the company , who acted for it in his dealings with Mr Uzodike , from which the petition to the Police arose

   Mr. Albertazzi was granted Police administrative bail and released to his Lawyer who stood as surety for his bail on the same 25th March, 2019, immediately after his statement was made  to the Police.

  During his response to the criminal allegations made against his company   Mr. Albertazzi stated that the relationship which the company  had with Uzodike  was that he supplied iron rod and cement to the company  which they have fully paid for, with invoices for payment dully issued as evidence.

  The Police requested Mr. Albertazzi to produce the invoices evidence mentioned by him to the Police in order to assist Police investigation, and he was further requested to report back at the commissioner ‘s office for the interview of the parties, on the 2nd April, 2019, together with Mr. Prono, who failed to honour Police invitation along with Mr. Albertazzi on the said 25th March, 2019

  Despite that Albertazzi was duly informed by the Police and also informed in his bail bond executed by  him and his surety, to report back to the commissioner’s  office on 1st of April,2019.

    He failed to honour police invitation  on that day.

The failure of Albertazzi to report at the commissioner’s office on 1st of April ,2019,which was in clear violation of his bail bond, led to the cancellation of the commissioner’s interview schedule for both parties in the case, and the interview was therefore rescheduled to 2nd April, 2019.

   The rescheduled interview prompted the police to send another invitation letter to messrs Arlbertazzi and Prono on 2nd April,219 requesting them to report at the Commissioner of Police’s office on 2nd April 2019

Mr Albertazzi,  and Mr. Prono, again failed to honour police invitation to report  on 2nd April,2019, and no police officer informed him that commissioner was not in the office on that day.

   The Police did not arrest Mr. Arlbertazzi on 3rd April,2019 or on any other day.

   Due to the failure of Albertazzi and Prono to honour Police invitation letter served on them on 1st April,2019 to report on the  2nd April,2019 to find out the reason for his absence, but that 2nd of April,2019, he could not give any reasonable reason for at the instance of Albertazzi and his lawyer,  the interview for both parties was rescheduled for 10th April,2019.

   Mr Arlbertazzi together with Prono and Uzodike with their lawyers  all reported at the commissioner’s  office for the interview on 10th April,2019.Prono volunteered statement.

.  During the interview section, where Lawyer to both parties were also present, Mr. Arlbertazzi stated that it was iron rod and cement that the petitioner  supplied to the company , on which the company  duly issued invoices as evidence of supply and payment. This was vehemently denied by Uzodike  who maintained he is a contract facilitator to the company, on which the Applicant through Mr .Albertazzi and Mr. Prono, manufactured fraudulent invoices with the sole aim of  manipulating the Company’s taxes payable to Federal Government of Nigeria and cheat their contract facilitators.

   Based on these new facts discovered during the interview, the commissioner of Police in charge of criminal investigation Department  requested the company‘s officers, i.e. Mr .Arlbertazzi and Mr Prono to make the invoices mentioned by them and disputed by Uzordike available to the police, to assist the on-going investigation.

   The commissioner  did not made any statement that suggest the Uzodike’s petition was a civil contractual transactions. Rather the commissioner  requested the company officer i.e.  Mr. Arbertazzi and  Mr.Prono to make the invoices mentioned by them  available to the police, to assist, the on –going  investigation ,and  directed  the police team investigating the case to continue with their  investigation and report their findings at the conclusion of their investigation.

 Despite Police earlier request and   the commissioner’s  further  request to the company ’s officers, i.e.  Mr .Arbertazzi and Mr.Prono, to produce the invoices mentioned by them  to the police for investigation so as to unravel the purpose and intent for which the invoices were made by the company, but they blatantly refused to produce  the invoices to the  police till date.

But since 10th of  April, 2019 Mr. Arbertazzi and Prono, has been engaging in ‘hide and seek’ as they have jumped police administrative bail and absconded from investigation, having also failed to produce the alleged invoices to the police for investigation.

  The police were still waiting and hoping that Mr.Arbertazzi and Prono will produce the invoices mentioned by them to the police when they  received the company ’s suit.

  The case reported by Uzodike to the Assisstant Inspector General of Police In charge of Criminal investigation  is not a mere civil contractual   transactions, but   alleged crime of fraudulent practice to cheat the Federal inland Revenue on tax and to deny contract facilitators of financial entitlement.

 The alleged manufacturing and manipulation of invoices by the Applicants, Mr.Arlbertazzi and Prono, to cheat  Government of taxes and cheat their contract facilitators, are criminal allegations which police has powers to investigate.

   No contractual debt was mentioned by the  petitioner in his petition to the police and the police is not investigating debt from the company. 

 The company  cannot seek injunction from the court to restrain the police from investigating alleged crime.

 The company  is not entitle to order of injunction against the Police to stop them from investigating criminal allegations made to them by the petitioner  against the Borini Prono company .

  The police have not done anything in their investigation of alleged crime reported to them against the company  that is out the area and duties of investigation.

 The company  is not entitled to any damages or cost against the Police who are merely performing their statutory duties of investigation. 

     The suit and claim against the Police  is  pre-emptive, speculative, frivolous and aimed mainly to frustrate Police investigation of the alleged crime reported to them.

 The Respondents Police officers and the Nigeria Police force will be prejudice if the company’s claim against them is granted by the court because it will stop them from performing their statutory duty of investigation.

      Consequently, the respondent Police officers urge the court to dismiss the claim of the company.

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Much Ado about Meddlesome Minions, and Messengers of Misinformation By Tayo Williams

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There is a growing phalanx of pseudo-intellectuals parading the social media space with faux and fictitious knowledge of the indigenous oil and gas industry, and it is scary because of the grave danger they portend and present for the average Nigerian.
From X (formerly known as Twitter) to Facebook and even the photos and videos-sharing site, Instagram, they abound, in their inglorious number, lending their platforms to deliberately distort facts and spread misinformation especially to favour the narratives propounded by popular Nigerian businessman Aliko Dangote, owner of the Dangote Petroleum Refinery.
Since the refinery began operations earlier in the year, it has been one week, one controversy allegedly orchestrated by Dangote in a brazen attempt to arm-twist the Nigerian National Petroleum Corporation Limited, NNPCL, into playing by his rules.
Those conversant with the modus operandi of Dangote and his refinery say the long-drawn warfare with every institution and individual in the oil and gas value chain is nothing but a self-seeking and mindless profit maximisation tactic.
Whilst nobody begrudges Dangote’s drive for profit as a businessman, perhaps he needs to be reminded that the NNPC has a mandate to ensure and provide energy security in a way that is affordable and sustainable for the generality of Nigerians. And, the NNPCL management has declared in very unambiguous terms that it would not pander to the din of the market whether orchestrated by Dangote, his rampaging minions or anyone else.
The truth, however, is that there is an increasing army of vacuous, vicious, and vile individuals strutting the social media space defending and propagating outright and outlandish falsehoods. Of particular concern is one Kelvin Emmanuel who has become the unofficial mouthpiece of the Dangote Refinery. Going from one media house to the other, he pulls figures out of the air and projects obnoxious untruths on hapless Nigerians. With the backing of his paymaster’s billions, it is no surprise that this otherwise irrelevant and fatuous character now commands appearances on major television stations.
But it is on X that he has made lying glibly and gratuitously the Holy Grail. He once premised Dangote’s inability to secure feedstock for his refinery on the government and the NNPCL. While peddling this untruth, he conveniently forgets that the refinery had a seven-year window, during its construction phase, to lock in feedstock supplies that could last a minimum of five years. Dangote did none of that. As it would later unfold, his game plan, which Emmanuel glossed over, was to monopolise equity oil and production quotas to serve his business interests.
Another deliberate misinformation from the Dangote camp was the allegation that International Oil Companies (IOCs) and other industry players were trying to sabotage his interests. Apart from being an investor in the Dangote Refinery, the NNPC still supplies gas to various Dangote companies across Nigeria. How can anyone or any institution jeopardise their investment? What further proof of faith does Dangote and his minions need to know that the NNPC is their cheerleader, and is here to make operating in the industry seamless and a win-win for all?
Echoing Dangote’s baseless stance, Emmanuel also called for the sack of Mr. Farouk Ahmed, Chief Executive Officer of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), regulators of Nigeria’s midstream and downstream value chain. By Emmanuel’s warped reckoning, Ahmed had no locus to speak against Dangote or his enterprise because the latter questioned the quality of the product from Dangote Refinery and other local refineries in comparison with imported ones. Of course, Emmanuel’s was a lone voice in the wilderness because those who understand the invaluable role that the NMDPRA plays in the industry did not as much as dignify his tirade with a glance.
In a robust response to Emmanuel’s groundswell of egregious lies, Ibrahim Y. Kabo, a petroleum engineer based in Abuja, described him as “Someone who has not seen the inside of a refinery before Dangote built one, let alone understood the mechanism of the energy industry, …(yet) assuming the role of an authority in oil and gas matters.”
He went further to lampoon Emmanuel for stating that only Dangote Refinery’s products meet specifications while others are all sub-standard. “The obvious question is: whose specifications? For a refinery that has barely made four of seven pre-inauguration certifications, it sounds somehow laughable to suddenly assume the role of regulator in an industry you’ve barely entered,” Kabo said.
In the article, entitled, “The Hand of Aliko, the Voice of Kelvin: Inside Dangote Refinery’s Media Stunt Lab”, Kabo declared that from all Emmanuel’s interviews and pretensions to be an industry expert, one thing is obvious: “He lacks an understanding of both the mandate and the reach of NNPC as a national oil company.”
Kabo adds that, “Downstream is the least of NNPC’s business interests. The mandate, as per PIA (Petroleum Industry Act), is to facilitate both the extraction and commercialization of Nigeria’s oil and gas resources. 20 billion dollars may be a lot, but NNPC and industry regulators routinely handle projects of that magnitude. At best, Dangote and (Emmanuel’s) ranting are an irritation. I believe that’s why NNPC openly declared it was not interested in being Dangote’s off-taker.”
Like the Yoruba saying goes, derision does not stop the sweetness of the honey. The meddlesome minions and messengers of misinformation can continue dancing naked in the marketplace, but what is most important is that the NNPCL has assured that it will not cease doing everything in its capacity “to harness the possibilities of oil and gas, address energy demand and drive the national economy, and become the number one oil producer and supplier in Africa.”

–Tayo Williams is a Lagos-based media executive


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Wema Bank Appoints New Deputy Managing Director and Executive Director

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Wema Bank, Nigeria’s innovative leader in banking and pioneer of Africa’s first fully digital bank, ALAT, is pleased to announce the appointment of a new Deputy Managing Director and an Executive Director. These strategic appointments, approved by the Board, come as part of the bank’s commitment to ensuring strong leadership succession. The new roles will take effect on December 1, 2024, following the retirement of Mr. Oluwole Akinleye, the current Deputy Managing Director.

Mr. Akinleye, whose retirement will be effective November 30, 2024, has been a vital pillar of Wema Bank’s growth and transformation. Over the past decade, he has demonstrated exemplary leadership across various capacities, including overseeing the Southwest Business, Corporate Banking Division, Customer Experience Management, and Corporate Sustainability. His tenure has been marked by significant contributions to the bank’s strategic objectives and market positioning.

In expressing gratitude for his service, the Board of Directors and management of the Bank disclosed that Mr. Akinleye’s dedication and strategic foresight have been instrumental to Wema Bank’s transformation journey. He is deeply appreciated for his invaluable contributions and they wish him the very best in his future endeavors.

As part of its robust succession planning, Wema Bank has appointed Mr. Oluwole Ajimisinmi as Deputy Managing Director. Mr. Ajimisinmi, who joined Wema Bank in 2009 as Company Secretary/Legal Adviser, was appointed as an Executive Director in 2020. With years of experience in corporate governance, strategic leadership, and banking, he is well-positioned to steer the bank towards its next phase of growth and innovation.

The bank has also named Mr. Olukayode Bakare as Executive Director, effective the same date. A seasoned finance and treasury expert with years of industry experience, Mr. Bakare has been a key driver of Wema Bank’s Treasury, Wholesale Funding, and Global Trade Business. His extensive expertise and leadership will further bolster the bank’s commitment to delivering innovative financial solutions.

Commenting on these appointments, the Board of Directors and management of the Bank said these appointments underscore Wema Bank’s commitment to building a future-ready leadership team. According to the Bank, Mr. Ajimisinmi and Mr. Bakare bring a wealth of expertise, passion, and a clear vision to their new roles. The Bank is confident that their leadership will propel Wema Bank to new heights, ensuring sustained innovation and value creation for its stakeholders.

Wema Bank remains committed to its mission of delivering cutting-edge banking solutions through technology and innovation. With these leadership changes, the Bank is poised to maintain its position as a trailblazer in Nigeria’s financial services sector.


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OANDO WINS DEAL OF THE YEAR AWARD AT AFRICA ENERGY WEEK 2024

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-Story by Joy Agamah

Oando Plc, Africa’s leading energy solutions provider listed on the Nigerian Stock Exchange (NGX) and Johannesburg Stock Exchange (JSE) is pleased to announce that the Company has emerged winner of the ‘Deal of the Year’ award at Africa Energy Week (AEW) 2024.

The Africa Energy Chamber (AEC), the organisers of the annual week-long oil and gas conference, hosted and recognised different stakeholders at a Gala and Award night held at the Cape Town International Conference Centre (CITCC), on Tuesday, 5 November, 2024.

In a category comprising other high-profile deals in the sector and across Africa, Oando won the award in recognition of the Company’s recently completed landmark $783 million acquisition of the Nigerian Agip Oil Company (NAOC) from the Italian Energy firm Eni on 22 August, 2024.

This acquisition, 10 years in the making since Oando’s initial entry into the ConocoPhillips/NAOC/NNPC Joint Venture (JV) in 2014 when the Company acquired ConocoPhillips Nigeria business, doubled the company’s stake in the JV to 40% and operator of the assets.

In receiving the award, the Company’s Group Chief Executive, Wale Tinubu, remarked “We are delighted and honoured to receive the ‘Deal of the Year’ award from Africa Energy Week. It’s been a remarkable year on many fronts. First, we marked our 30th anniversary as a business, then concluded our strategic plan to acquire our second IOC in a decade, Nigerian Agip Oil Company (NAOC) and step up to the role of operator.

“This award is more than just an accolade for a successful deal closure; it represents a public acknowledgement of the culmination of 30 years of grit, hard work, resilience, and sheer belief in our vision. It is a testament to my belief that with the #HumansOfOando, impossible is nothing. I’d like to thank the dream team, the #HumansOfOando, our financiers, and partners for their belief and role in making this award a reality.”

The acquisition is the culmination of a decade of preparation, strategic planning, and unwavering commitment to a vision of becoming Africa’s first indigenous International Oil Company.

It is a testament to the organisation’s 30-year journey spanning the entire energy value chain, with consistent and deliberate actions at each stage that have led to the advancement of indigenous participation in the industry.

The Deal of the Year award “recognises the most transformative and impactful deal in the energy sector – honouring excellence in negotiation, strategic alignment, innovation and collaboration – and celebrates deals that drive advancements in energy and economic growth.”

With this year’s AEW theme of “Invest in Africa Energies: Energy Growth Through an Enabling Environment”, the AEC, through the AEW Awards 2024, recognised other persons, International (IOCs) and National Oil Companies (NOCs) across the continent through awards in 10 categories.

 

Tinubu at the event also delivered a key note address with the topic, Transforming Africa’s Oil and Gas landscape through strategic Merger and Acqusition.

During the address he  noted that indigenous companies contribute approximately 30% of the country’s crude oil production and hold around 40% of the total oil reserves. Additionally, they account for 60% of the country’s gas production and approximately 32% of gas reserves. This data underscores the growing significance of local players in the African oil and gas sector.

He also highlighted improvements in the business environment, citing the improved Ease of Doing Business driven by recent reforms that have attracted increased investments in energy. Tinubu pointed to the successful Implementation of the Petroleum Industry Act (PIA), which has established a regulatory framework that enhances transparency and boosts investor confidence.

Tinubu’s remarks included a call for enhanced collaboration among policymakers, investors, and oil and gas companies to foster the growth of indigenous firms through supportive regulations, financing access, and technology transfer. He urged stakeholders to focus on leveraging M&As to diversify and expand capabilities within the sector while emphasizing the need to strengthen Africa’s institutional and financing capacity for local firms.

As Oando continues on its growth trajectory, Tinubu’s insights served as a powerful reminder of the strategic importance of indigenous companies in Africa’s energy transformation and the collective effort required to drive sustainable development across the continent.

 


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