A
new report has detailed how the Nigerian National Petroleum
Corporation, NNPC, in cohort with major Swiss oil trading companies, is
draining Nigeria of billions of dollars of revenue through the sale of
crude oil below the market value.
The
report, titled Swiss Traders’ Opaque Deals in Nigerian, released on
Monday by Swiss non-governmental advocacy organisation, the Berne
Declaration, also described the schemes employed by Nigerian and foreign
fuel importers, such as creating offshore subsidiaries referred to as
“letterbox companies”, ship-to-ship transfer to create untraceable
paperwork, payment of subsidy money to phantom and non-existing
importers, and partnering with politically exposed fraudsters to defraud
the country over $6.8 billion from 2009 and 2011.
Berne Declaration describes the Nigerian oil scam as the greatest fraud Africa has ever known.
The
report narrates the specific roles played by seven major oil marketers
and fuel importers through their shell companies in Switzerland and
notorious offshore tax haven, Bermuda, to deny Nigeria billions of naira
in tax earnings.
NNPC opaque deals
Describing the NNPC as the “all-powerful,” the report says the government owned corporation “plays a significant role in maintaining the ‘resource curse.”
According
to the report, oil, which makes up 58 per cent of Nigeria’s revenue, is
not contributing to the country’s development as much as it should. The
report blames the engrained poverty and inequalities in the country
partly on the siphoning of the nation’s resources through the NNPC and
other shady deals by fuel importers in collusion with foreigners,
especially Swiss commodity trading firms.
Prominent
among these shady deals are the partnership between the NNPC and two
Geneva-based commodity trading firms, Vitol and Trafigura, registered in
Bermuda.
Through
NNPC partnership with Vitol (the largest oil trader in Switzerland) and
Trafigura (the third largest) described as ‘operational and financial
black boxes’ billions of naira that should have accrued to the
government are wired to Bermuda where the joint venture is established.
“In
reality, the profit generated by these entities escapes State coffers,
first, because no taxation in Bermuda is paid, since the tax on profits
is zero,” the report stated.
“Vitol
and Trafigura alone took respectively 13.44 % and 13.49 % of Nigerian
crude oil exports in 2011 for a cumulative value of 6.7 billion
dollars.”
More
than 56 per cent of oil put up for sale by the NNPC in 2011 valued at
$14.004 billion were sold to Swiss companies or Nigerian companies with
“letterbox” subsidiaries in Switzerland.
The
report shows how NNPC is cashing in on the disrepair of the country’s
refineries to feed its fraudulent partnership with these oil dealers.
Despite the fact that local refineries operate at less than 40 per cent
capacity, the NNPC still allocates crude to them as if they were
operating at full capacity. The excess allocations are then sold to
Geneva-based companies or Nigerian oil marketers through their letterbox
subsidiaries in Switzerland at knockdown prices or exchanged for
refined petroleum products in shady swap contract.
“Nigeria
is the only major producing country that sells 100% of its crude to
private traders rather than market it itself and benefiting from the
resulting added value. A number of beneficiaries of export allocations
are nothing but letterbox companies whose sole merit is that they are
linked to high-ranking political officials or their entourage,” the
report stated, a view similar to that by a Nigerian government
investigation team headed former anti-graft boss, Nuhu Ribadu.
The
report suggested that Politically Exposed Persons (PEP) and their
fronts are also cashing in on the absence of money laundering
legislation in Switzerland to hide their loots. In fact, many of the
“letterbox” subsidiaries may have been set up for that specific reason.
“Politically-linked
holders of such letterboxes are known, in banking terminology, as
‘politically exposed persons’ (PEPs), towards whom any financial
intermediary must exercise particular duties of due diligence by virtue
of the law on money laundering in order to ensure the legality of the
funds. In Switzerland traders are not subjected to such duties and have
no obligation to question the credibility of their partners. This leaves
them with full latitude to trade with such fake entities. But in
Nigeria such entities represent a major part of the ‘market’,” the report explains.
Geneva, a haven for Nigerian Fraudsters
Oil
importers that have been indicted in the subsidy scam have found a
convenient hide out in Geneva where they have established subsidiaries.
Berne Declaration explains why Geneva has become a haven for these companies:
“There
are two reasons underlying the creation of these subsidiaries… In
certain cases, it is a matter of benefiting from the tax that the
cartons offer for companies working primarily abroad – which is
undoubtedly relevant for a Nigerian importer in other case the primary
motivation is to get closer to banks specialising in financing trading.
This hope has often proven vain due to the reputation of Nigeria and the
relative anonymity of these firms. This is all the more so since
several of these companies have no real activities in Switzerland, have
contended themselves just with an address in a fiduciary or lawyer’s
office.”
The report identifies seven major Nigerian fuel importers as the worst culprits. They include:
MRS
Group, which owns a subsidiary, called Petrowest Services SA. MRS Group
was indicted by the Technical Committee on Payment of Fuel Subsidy for
collecting tens of millions of dollars between 2011 and 2012 that it
could not back up with documents of physical transactions.
The
Presidential Committee on Verification and reconciliation of Fuel
Subsidy Payment later cleared MRS. The committee did not give any
reasons to show that its transactions were legitimate, according to the
Swiss report.
Ontario
Oil and Gas limited owned by Ugo-Ngadi Adaoha has a Swiss Subsidiary
named Ontario Trading and located at the premises of Nimex Petroleum in
Geneva. Nimex Petroleum was once suspended from trading in Nigeria for
not supplying required maritime documents.
Mrs.
Ugo-Ngadi was arrested by the Economic and Financial Crime Commission,
EFCC, in August 2012 for fraud and conspiracy but was later released on
bail. Ontario was indicted for over N4 billion false subsidy claims.
The
report revealed that despite dropping Ontario Oil and Gas from the list
of fuel importers for 2013, the company was allowed to continue its
crude oil export business.
Rahamaniyya
Group, which owns a subsidiary called Rahamaniyya Oil and Gas SA in
Geneva since October 2010 is also located in the premises of the shady
Nimex Petroleum which seems to be acting as an incubator for shady
companies.
The company was asked to reimburse over N507 million subsidy funds collected, but has not been stopped from importing fuel.
Tridax
Energy and Limited and Mezcor Limited have Swiss subsidiaries named
Tridax SA and Mezcor SA in Geneva. They both received N2.544 billion
($15.9 million) without importing any petroleum products. In fact, the
companies received permits to import products before applying for it.
The companies, according to the Swiss report, have been traced to close
associates and the younger brother of the Minister of Petroleum, Diezani
Alison-Madueke.
Sahara
Energy’s Swiss subsidiary is called Sahara International Pte Limited.
The company was requested to reimburse the government’s N6 billion
subsidy fund it falsely collected. Despite importing less fuel than they
should have and have been paid for, the company is still being allowed
to import fuel.
There
is also the Lagos-based Aiteo Energy Resources Limited owned by
Benedict Peter and Francis Peter. Its subsidiary in Geneva is called
Aiteo Suisse AG. Aiteo was asked to reimburse the government over N578
million in subsidy fund it falsely collected. Just like Tridax and
Mezcor, Aiteo also received the permit to import fuel without requesting
for it.
Efforts
to reach the NNPC spokesperson, Tunmini Green, on the agency’s reaction
to the report were unsuccessful. Ms. Green’s phone was switched off.

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