Halliburton Scandal: SANs Questioned by EFCC

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Halliburton Scandal: SANs Questioned by EFCC

By Correspondent

Four Senior Advocates of Nigeria (SANs), were on Tuesday grilled by the Economic and Financial (EFCC), over their roles in negotiating plea bargaining on the $180 million bribery with five companies. Top on the list is Chief Godwin Obla (SAN). Others are: the former President of the Nigerian Bar Association (NBA), J. B. Daudu (SAN); Damian D. Dodo (SAN); E.C. Ukala (SAN); and Roland Ewubare. It would be recalled that the EFCC had been on the trail of the whereabouts of the $200m (N66billion) penalty fines paid by five companies involved in the scandal. The affected companies are; Julius Berger ($35m); Siemens (Euros 30m); Snamprogetti ($30m); Halliburton Energy Services ($32,500,000); and Japan Gasoline Corporation ($26, 500,000). It was also gathered, that the EFCC may ask the legal luminaries to give account of about $12million (N3.960billion) collected as “legal fees.” Obla was said to have been invited over his alleged role in the coordination of the settlement terms and agreement with Siemens. In a letter to the EFCC chairman, Dodo (SAN) gave the breakdown of the payment of penalty fines as follows: Julius Berger. “Following the Settlement Agreement meeting, which held in the office of the National Security Adviser and with Julius Berger Plc represented by Alh. Abdullahi Ibrahim, SAN (former Attorney-General of the Federation) the total sum of $35,000,000 (Thirty-Five Million US Dollars) was paid to the Federal Government Account. Copies of all relevant correspondence are attached for easy reference. Siemens: “The Settlement and Non-prosecution Agreement with Siemens was entered into on the 22nd of November, 2010 following which the sum of €30,000,000 (Thirty Million Euros) which was Six Billion, Fifty Two Million, Two Hundred and Seventy Thousand Naira (N6, 052,270.00). “The Professional fees and cost as contained in the Agreement payable to the Legal Team was paid into the account of the designated Counsel, Godwin Obla of Obla & Co for and on behalf of the Legal team as instructed by the Team Leader. Snamprogetti: “The Settlement Agreement with Snamprogetti was reached on the 10th of December, 2010. The Federal Government of Nigeria received the sum of $30,000,000 (Thirty Million US Dollars) as a consequence of the Settlement Agreement. Halliburton Energy Services: “The Settlement Agreement entered into by the Federal Government with Halliburton Energy Services culminated in the Federal Government receiving the sum of $32, 500, 000 (Thirty-Two Million, Five Hundred US Dollars) in the designated Federal Government Account as indicated in the first schedule of the Agreement. “As contained in the Agreement the fees payable to the Legal Team acting for the Federal Government was paid into the designated account of D.D Dodo & Co for and on behalf of the Legal Team as instructed by the Team Leader. Japan Gasoline Corporation JGC: “The Settlement and Non-Prosecution Agreement with Japan Gasoline Corporation was entered into on the 7th of January, 2011, following which JGC paid the Federal Government of Nigeria the sum of $26, 500,000 (Twenty-Six Million, Five Hundred US Dollars) in the designated account. “The Legal Team received its professional fees and cost through its designated Counsel D.D Dodo, SAN of D.D Dodo & Co. for and on behalf of the Legal Team as instructed by Team Leader. “All the professional fees and cost due to the Legal Team as received by Messrs J.B Daudu, Godwin Obla and D.D Dodo were disbursed to members of the Legal Team as directed by the Team Leader, J.B Daudu, SAN. “It is worth pointing out that relevant Agencies of Government were involved in this Settlement Agreement, including the Office of the National Security Adviser (NSA) and the Economic Financial Crimes Commission. The Secretary of the EFCC (Emmanuel Akomaye) witnessed three (3) of the Agreements; namely: The SNAMPROGETTI Agreement, the HALLIBURTON Agreement and the JAPAN GASOLINE CORPORATION Agreement on behalf of the Federal Government of Nigeria “It is perhaps important to invite the attention of the Commission to the confirmation by the Federal Government in various Agreements that payment of fees and cost to the Federal Government of Nigeria designated Counsel is lawful under Nigerian Law “Typically for example, Clause 6 of the Agreement with Japan gasoline Corporation provide, that; “FGN confirms that the reimbursement of the FGN legal costs to the FGN designated counsel in the terms of the Agreements is lawful under Nigerian laws and regulations, and FGN designated counsel has confirmed to FGN that no proceeds of such reimbursement will be provided to any government officials. “The Legal Team is available to give or provide you such further documents or clarification that may be required as we continue to be of service to the Federal Government of Nigeria since 2010.” It would be recalled that the FCT High Court Abuja had on March 27, 2013 struck out the case against six Nigerian suspects docked over the Halliburton scandal. The freed suspects are; former Permanent Secretary, Ibrahim Aliyu, Mohammed Gidado Bakari and four companies. The four companies are Urban Shelter Ltd, Intercellular Nigeria Ltd, Sherwood Petroleum Ltd and Tri-Star Investment Ltd. The suspects had faced trial over allegation of serving as conduits and receiving bribes in hard currency to facilitate natural gas contracts between 1994 and 2005. They were alleged to have committed an offence contrary to Section 16 of the Money Laundering Act 1995, (as saved by Section 23 (2) of the Money Laundering Act 2004), and punishable under Section 15 (2) and (3) of the Money Laundering Act 1995 (as saved by Section 23 (2) of the Money Laundering Act, 2004). But the court, presided over by Justice Abubakar Sadiq Umar, declared that the prosecution failed to diligently prosecute the case. 

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