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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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RevolutionPlus Property Rubbishes Kayode Oladipo’s Claims

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RevolutionPlus Property Boss, Bamidele Onalaja

Revolution Plus Property, a leading real estate company, has stated her side of the story on the allegations against the firm in a viral video clip made by one Mr. Kayode Oladipo over 20 plots of land he purportedly bought in 2017 without any physical allocation of the said plots.

The company’s management stated their side of the story at a meeting facilitated by the Lagos State Real Estate Regulatory Authority, LASRERA on the directive of the State Governor, Mr. Babajide Sanwo-Olu at Alausa, Lagos.

The Revolution Plus’ full statement below:

“Sequel to the false allegations made by Mr. Kayode Oladipo, that the Company collected the sum of 40 Million(Forty Million Naira) from him without allotting him the land he paid for, the Lagos State Government (LASG) invited our Company to intervene in the matter.

“The meeting which took place on Friday, 19th January 2024, by 10 am took place at the LASRERA Office Alausa, where the Commissioner for Housing, Moruf Akinderu Fatai, the Special Adviser to the Governor Housing, Barakat Odunuga Bakare, the Permanent Secretary, Lagos State Ministry of Housing, LASRERA Officials and Revolutionplus Property Development Company’s CEO, Dr Bamidele Onalaja, the GED, Mrs Tolulope Onalaja and other officials in the Company were in attendance.

“In trying to mediate in the matter, Mr. Kayode Oladipo was given a call and he indeed admitted upon questioning that he lost his job at a point and could not proceed with payment of the required fees as expected and within the stipulated time frame.

“Mr. Kayode Oladipo also confirmed that he didn’t pay the sum of Forty Million Naira (N40,000,000) as alleged in the viral video but paid the sum of N18,000,000.

“In response to his claims, the GED of Revolution Plus Property refuted the claims of the N18,000,000 allegedly paid by Mr. Kayode Oladipo, stating with evidence that the total sum paid to the Company was N16,752,000 (Sixteen Million, Seven Hundred and Fifty Two Thousand Naira only). Attached herewith are the evidence of payment in this regard.

“Upon further discussion, Mr. Kayode Oladipo also admitted that he indeed bought the plots of land in 2017 and could not complete payment because he lost his job.

“He claimed that he came back in 2020, but the CEO of Revolution Plus refuted his claims and reiterated that he was only aware that Mr. Kayode Oladipo came back in 2022, six years after his initial payment, demanding to be allotted the same land he subscribed for in 2017, despite his default in payment.

“The CEO met with Mr Kayode Oladipo and empathized with him over his financial plight, and further explained the penalties attached to default in payment to him as stipulated in the contract signed by parties.

“The CEO stated that the Company in its commitment to priotizing its customers, will make other options available for him in the equivalence of the monies he had paid. Furthermore, the CEO of Revolution Plus Property, Dr Bamidele Onalaja appreciated his Excellency, the Lagos State Governor, Babajide Sanwo-Olu, for stepping into the matter and giving room for the company to state her side of the story.

“The CEO also stated that out of respect for the Lagos State Government, and the relevant bodies assigned to regulate the real estate industry in Lagos State, the company was willing to allocate lands in another location at one of its Estates, Amazon Estate, Epe.

“The CEO expressed displeasure at the slanderous coloration given to the video explaining that the Company had been doing business for years and had continued to operate within the ambits of the law despite all challenges posed to the business in Nigeria.

“The CEO also stated that Revolution Plus Property had served a lot of Nigerians in the Diaspora and had continued to work with the vision of the Lagos State Government to attract investors from the Diaspora especially in the real estate industry.

“To resolve the matter, the Commissioner for Housing appealed to both parties to tow the part of peace, and it was decided thus:

• That Mr Kayode Oladipo would do a Video the next day appreciating the Lagos State Government for mediating and resolving the issue.

• That in the said Video, Mr Kayode Oladipo will do a retraction of his distorted allegations of fraud, and state emphatically that Revolution Plus Property did not set out to dupe, defraud or scam him.

• That when the video is done, the alternative land promised by the Company in the equivalence of the monies paid will be immediately allotted to Mr. Kayode Oladipo the same week, the retraction is done.

• Whilst we are still waiting for Mr. Kayode Oladipo to do the Video as promised in the meeting. We wish to appreciate the Lagos State Government for stepping in as a mediator to resolve the issue, We also appreciate all our esteemed customers who reached out to us to encourage us and stand by us in the heat of the issue. We are committed to service and customer satisfaction and we will not relent.

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UTM Offshore, Delta, NNPCL, sign agreement to develop floating LNG

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Delta State Government, Nigerian National Petroleum Company Limited and the UTM Offshore Ltd, Tuesday, signed a Shareholders Agreement for the development of first Floating Liquefied Natural Gas, FLNG in Nigeria.

Secretary to the State Government, Dr Kingsley Emu and Solicitor General and Permanent Secretary Ministry of Justice, Mr Omamuzo Erebe signed for the Delta State Government, while the Group Chief Executive Officer, Mr. Mele Kyari and Group Managing Director Julius Rone signed for NNPC Limited and UTM Offshore, respectively.

With the agreement Delta State Government will own eight percent share of the project, NNPC Limited 20 percent and UTM Offshore 72 percent.

Speaking at the signing ceremony at the NNPC Towers Abuja, Governor Sheriff Oborevwori of Delta State, said the UTM FLNG Project was the first of its kind to be developed by an indigenous private company in Nigeria.

Governor Oborevwori explained that the state government took 8% equity in the floating LNG project because of its conviction of the strategic importance of the project to the national economy, adding that with 40% of Nigeria’s proven gas reserves in Delta State, it was a worthy investment.

According to him, the deal marked a significant milestone in the development of the project, expressing hope that construction will begin next year.

He said: “Of particular interest to Delta State Government is the dividend that this UTM FLNG will generate, thus advancing the socio-economic development of our great state. It is expected that over 300,000 metric tonnes of LPG (cooking gas) will be produced and dedicated to the domestic market.

“This project will also help to mitigate the environmental hazards in the Niger Delta by reducing gas flaring. Of course, our women folk will also benefit from the fuel switch from kerosene and firewood to cleaner energy, thus improving their health and general wellbeing.

“Another benefit we envisage with this project is that it will create job opportunities for our youths, which is one of the four pillars of our MORE agenda”.

While commending the immediate the immediate past Governor, Senator Ifeanyi Okowa for his foresight in investing in the venture, he commended other stakeholders “like regulators and Afreximbank for helping to arrange financing and, of course, the dedicated staff of Delta State Investment and Development Agency (DIDA) for their resourcefulness”.

In his remarks, the Group Chief Executive Officer, NNPC, Mr Mele Kyari commended the Delta State Governor for not just being a promoter of gas development in the country but for also investing in gas projects.

“We are happy to collaborate with the Delta State Government in this venture. The State Government is here in two capacities, one as a supporter of growing gas utilization in the country and also now as an investor in this necessary industry but potentially a valuable industry for all of us”, he added.

Also speaking, the Minister of State Petroleum Resources (Gas), Hon. Ekprikpe Ekpo noted that it was time for the country to begin the monitisation of its huge gas reserves for the development of the economy.

In his remarks, Group Managing Director of UTM, Mr. Julius Rone said the signing ceremony marks another significant milestone in actualizing Nigeria’s first indigenous FLNG.

Mr. Rone said he expects the Final Investment Decision (FID) on the project to be taken before the end of the first quarter of 2024. He commended the stakeholders for their support, especially the Delta State Government for investing in the project.

“I want to thank the Delta State Government for taking an equity on this laudable project which will create other sources of revenue for the state to develop their infrastructure that is highly needed and create employment for the teeming youths of Delta State”, Rone said.


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When Billionaire Gas mogul, Julius Rone Shone like a Diamond

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Think of a billionaire businessman blessed with money, brains, confidence, oratory power and the name of Julius Rone, OFR, Group Managing Director, of UTM Offshore Limited, UTMOL will pop up.

It is definitely an incontestable fact that the serial entrepreneur is one of the few Nigerian business moguls that rub shoulders with other high networth individuals around the world. His rich and diverse entrepreneurial journey that has helped shape

For many years, he has been busy cutting deals beyond the shores of the continent of Africa while also proving that good things can also come out from this side of the world.   

He has a rich and diverse entrepreneurial journey that has helped shape the business sector in Africa. His path to success includes a series of ventures that have significantly contributed to the region’s business growth. 

Aside his pedigree as a topnotch business strategist, it is also a gospel truth that the man, fondly called ‘King of Gas’, is also popular among other high-flying business moguls for his eloquence and articulacy.

The Delta-born top player in the gas sector, as gathered, exhibited that he is not only wealthy but also brainy. 

This he has not failed to flaunt whenever the occasions arise, and the occasions seem to arise so many times lately and Rone has never been found wanting.

In fact, a source revealed that this is the reason he is being invited to seminars, forums and business meetings around the world where he has dazzled many with his talent like the great Roman orator, Cicero.

Once, again he shone brilliantly like a diamond  yesterday, Tuesday November, 14, 2023, at the LNG shipping and terminals Conference in London. The man, full of ingenuity, mesmerised his audience while he spoke about The Role of Policy Instruments and Government Support for the FLNG Project such as Investment Incentives, Regulatory Framework, where government policies can provide financial incentives such as tax breaks, grants, or subsidies to attract private investment in FLNG projects. These incentives, he explained, can help reduce the overall project cost and encourage private sector participation.

The very brilliant businessman also talks about how governments play a crucial role in creating a favourable regulatory environment for FLNG projects, which includes establishing clear guidelines for environmental protection, safety standards, and permitting processes. A well-defined regulatory framework provides certainty for project developers and investors.

Not only that, he also touched on other topics, such as market Drivers for Exploiting Gas in Nigeria, Predicted Gas Volumes from the Development and Quantity expected to be exported, Partnerships in Place and Progress Against Project Timeline and Planning for the challenges of developing Nigeria’s first FLNG project.

The billionaire business mogul received a standing ovation, accompanied with a deafening applause for his dazzling and awe-inspiring speech.

Some of key points he touched include:

The Role of Policy Instruments and Government Support

for the FLNG Project

The Role of Policy Instruments and Government Support For the FLNG Project

Investment Incentives

Regulatory Framework

He gave an insight where government policies can provide financial incentives such as tax breaks, grants, or subsidies to attract private investment in FLNG projects. These incentives can help reduce the overall project cost and encourage private sector participation.

Also, he explained that governments play a crucial role in creating a favorable regulatory environment for FLNG projects. This includes establishing clear guidelines for environmental protection, safety standards, and permitting processes. A well-defined regulatory framework provides certainty for project developers and investors.

The Role of Policy Instruments and Government Support For the FLNG Project

Market Access

Risk Mitigation

Mr. Rone said governments can facilitate market access for FLNG projects by negotiating export agreements, promoting gas trade, and ensuring a fair and transparent market. Access to domestic and international markets is essential for the success of FLNG ventures.

Where LNG projects often involve significant financial and technical risks. Governments can

help mitigate these risks by providing guarantees or insurance options to project

developers. This support can encourage private sector involvement and reduce the

overall cost of financing.

Market Drivers for Exploiting Gas in Nigeria

The Role of Policy Instruments and Government Support For the FLNG Project

Energy Demand & Access

Export Opportunities

He said Nigeria has a growing population and increasing energy demand. Gas is a cleaner and

more environmentally friendly alternative to coal and oil, making it a desirable option for

meeting this growing energy demand. Expanding access to clean and affordable energy is a key driver for gas exploitation.

Rone hinted that Nigeria is one of the world’s top gas reserves holders. Exporting natural gas, especially in the form of liquefied natural gas (LNG), provides a substantial revenue source.

International markets, particularly in Asia and Europe, offer attractive opportunities for

exporting Nigerian gas, making it an economic incentive.

The Role of Policy Instruments and Government Support For the FLNG Project

Industrialization & Economic Growth

Government Policies &

Incentives

‘’Gas is essential for various industries, including manufacturing, petrochemicals, and

power generation. As Nigeria aims to diversify its economy and promote industrialization,

gas becomes a crucial driver, as it can provide a reliable and cost-effective source of

energy for industrial processes and electricity generation.

The Nigerian government’s policies and incentives can significantly influence gas

exploitation. Incentives such as tax breaks, investment support, and favorable regulatory

frameworks can attract both domestic and foreign investors to the gas sector. Policies

aimed at improving gas infrastructure and reducing gas flaring also play a role in driving

gas development’’ He added.

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