By Onyewuchi Ojinnaka
The Economic and Financial Crimes Commission (EFCC) third prosecution witness, Mr Ibinabo Micheal-West, on Monday told a Federal High Court sitting in Ikoyi Lagos, Nigeria that the Niger Delta Development Commission (NDDC) recovered over N100 billion from International Oil Companies (IOCs) operating in the Niger Delta region.
He made the disclosure while giving evidence-in-Chief in the case in which the EFCC charged former NDDC officials over fraudulent mismanagement of N3.6billion of the Commission’s funds.
Mr Ibinabo Micheal-West is the owner of Starline Consultancy Ltd. and contractors to NDDC.
According to him, the oil companies were stubborn and refused to pay NDDC its due payments and indebtedness which the Commission had been making frantic efforts to recover before they contracted his company (Starline) to help them recover the debt owed by the IOC’s.
“We executed the work, the oil companies were stubborn, we served them demand notices and also wrote petitions against them to the National Assembly which invited us for reconciliation to ascertain the indebtedness of the oil companies to NDDC.
“After the meeting with the National Assembly, the oil companies started paying. Each time an oil company paid, they would send us a payment advice which we used to reduce indebtedness to the commission, and would also attach an invoice to the commission as evidence of payment.
“We were paid 10 percent of any amount that was recovered from the oil companies and we worked for about two years, between 2014 and 2016.
“In total, we recovered over N100billion and we were paid N12billion as our commission.”
When asked whether the third and fourth defendants played any role in the recovery of the debts owed to NDDC, he replied in the negative.
However, the witness told the court that when he was paid the N12billion, the executive director, finance of NDDC complained to him of incessant harassment by Niger Delta youths and pleaded with him, that he should help cushion the effect of the frequent harassment.
To that effect, the witness said he paid into an account made for that, N3.6billion domiciled in Diamond bank.
He also admitted transferring some money to the third and fourth defendants amounting to over N1billion.
During cross-examination by the first defendant’s counsel; Prof Kehinde Aguda (SAN), the witness admitted bidding for the contract himself and getting it on merits because of his Niger Delta roots.
When he was asked whether the money he paid to the Niger Delta youths as appreciation was proceeds of crime, he answered in the negative.
When he was also asked if the money was meant to bribe officials of the NDDC, he denied it.
When further asked whether it was the executive director, works of NDDC that approved the money that was paid to him, he replied:
“The board approved all the money paid to me, the first defendant (Omatsuyi) did not give me any account details to pay money to him.”
Mr Norrison Quakers (SAN) counsel to the second, third and fourth defendants, asked Ibinabo Michael-West whether he knew him before now, he answered yes, that he knew him when he was invited to the EFCC because EFCC asked them to look for a SAN to bail them.
“We pleaded with Quakers to bail the Managing Director of Building Associates Ltd., Mr Francis Momoh, and also paid for his services.
The trial which is before Justice Saliu Saidu continues tomorrow Tuesday.
Tuoyo Omatsuli, Don Parker Properties Ltd, Francis Momoh and Building Associates Ltd are first, second, third and fourth defendants respectively.
They were docked on November 28, 2018, on a 45-counts charge bordering on corruption, gratification, fraud and money laundering. They had pleaded not guilty to the charges and were admitted to bails, having perfected the conditions.
According to the charge, the defendants were alleged to have committed the offences between August 2014 and September 2015.
The first defendant was alleged to have procured the third and fourth accused (Momoh and Building Associates) to utilise a total sum of N3.6 billion paid by Starline Consultancy Services Ltd into an account operated by fourth accused.
The prosecution averred that they ought to have known that the said sums, formed part of the proceeds of their unlawful activities which includes corruption and gratification.
The offences contravene the provisions of Sections 15(1), 15(2), 15(3) and 18 of the Money Laundering Prohibition Act 2011, as amended by Act No 1 of 2012.
