| From: | jayson attah |
|---|
Chidi Adebanya, a former Interface Manager of Shell Production Development Company (SPDC), has said he fears for his safety after accusing his former employer of N7 billion tax evasion in Gbaran Ubie Intergrated Oil Gas project in Bayelsa State and alleging that operatives of the Economic and Financial Crimes Commission (EFCC) demanded N120 million bribe from him over the issue.
In a press statement, Adebanya insisted that the anti-graft commission was desperate to cover up for Shell as well as deny its (EFCC) alleged complicity in the matter.
Denying that he made his claims against Shell and EFCC after over four years of the alleged illegal acts, he said: "I did not wait for four years to complain. The first person I informed of the N120m bribe demanded from me by EFCC's … director (name withheld) was the Attorney General of the Federation (AGF) and Minister of Justice, M. Adoke himself and I stated to him that the bribe was allegedly to be shared with him.
"I have stamped acknowledgement copies of my petitions to the AGF on November 11, 2011, which I copied to EFCC. Ibrahim Lamorde (then operations director) invited me and several others for meetings which lasted three days: 15 to 17 November, 2011 in his Abuja office during which he showed me the original copy of my petition to the AGF director told me in that meeting that I was just wasting my time writing petitions. Unfortunately, it turned out to be true. I wrote Lamorde (who had then become EFCC chairman) again on January 18, 2012 (stamped 20- 01-2012); no response. I then wrote to the AGF May 2, 2012 upon which EFCC sent over 25 mobile policemen to my residence in Port Harcourt."
Affirming that he petitioned the National Assembly after the Minister of Justice allegedly failed to act on the alleged tax evasion and bribe demand, he insisted that EFCC had no tenable response to his claims.
Shell, he said, contravened the Statutory Development Permit (commonly called Building Permit) as required under the Nigerian Urban and Regional Planning Act CAP 138, Laws of the Federation of Nigeria, 2004; the Petroleum Act of 1969 (CAP 350) First schedule section 2 (3); paragraph 35 and Petroleum (Drilling and Production) Regulations L.N 69 of 1969; Regulation 18.
Adebanya said he detailed how Shell allegedly evaded payment of N7 billion tax in his 280-page petition.
Among other alleged infractions, the petitioner claimed the oil giant failed to pay various taxes worth N7 billion to Bayelsa State government as building permit fees on the Gbaran Ubie Integrated Oil and Gas project in Gbarantoro Local Government Area of the state.
Adebanya claimed: "I reported in detail, the vigorous steps taken by EFCC to cover up SPDC tax evasions of over N7 billion in building permit fees for the Gbaran Ubie Integrated Oil and Gas Project in Gbarantoro Local Government Area of Bayelsa State. Despite noting the absence of development permit, the Department of Petroleum Resources (DPR) still approved it for commissioning in June 2010 in violation of the Petroleum Act and the Urban and Regional Planning Act.
"The problems started when Forstech Technical, being the Bayela State Government consultants, who processed SPDC permit, reported the SPDC tax evasion in June 2010 to the then government of Timipre Sylva. To avert international reputational damage that the Forstech allegation of fraud and tax evasion would cause, SPDC quickly made up a petition to EFCC counter-alleging that Bayelsa State Government had defrauded it (SPDC) to the tune of N4 billion by collaborating with me. Before handing me over to EFCC, SPDC gave me a promotion letter with instructions to preserve Shell. Despite showing the letter to EFCC, they tortured me, leading me to have a heart attack and subsequently, stroke in March 2011. SPDC, who claimed that I have been sacked, treated me in their clinic. I still did not buckle.
"I had reported to the AGF and later to the National Assembly that when I failed to pay up the bribes, EFCC trumped up criminal charges of money laundering against me, Bayelsa State Government officials and Forstech Technical (in FHC/ ABJ/CR/54/2012) in June 2012, accusing me and others of laundering the legitimate fees paid to Forstech.
"This was done even after I had issued the AGF and EFCC documents making them aware that the transactions were legitimate actions of Bayelsa State Government. The documents included the signed resolution of the Bayelsa State House of Assembly dated February 7, 2012, which indicted SPDC of fraud and tax evasion and instructed the executive to recover the monies. "Also included was a certified true copy of a nemand notice dated February 21, 2012 from the Bayelsa State Government of Hon Seriaka Dickson to SPDC in which the Bayelsa State Government acknowledged the payments made to the consultants as a bonafide action of government, while demanding payment of the balances from SPDC."
Saying EFCC was not in a position to declare Bayelsa State Government's action illegal, Adebanya alleged that SPDC directors and managers had made written statements to EFCC in May 2011, "wherein they took responsibility for all the transactions and cleared me and Bayelsa State Government of any fraud."
He added: "EFCC knew all this and still went to court to file frivolous charges as a conduit to loot the national treasury. It is noteworthy that EFCC obtained these statements and had them for over one year before proceeding with the so-called criminal charges.
There was no mention of fraud or obtaining under false pretence from anyone in any of the trumped-up 22 counts of money laundering charges…
"I submitted documentary evidence to the House (of Representatives) committee showing that the EFCC had obtained an exparte order of the Federal High Court, Lagos on 6th June, 2011, and froze my accounts and those of companies belonging to Bayelsa State Government consultant. The same court had on 30th May, 2012, under the same hand of Hon. Justice J. Adah (now a Justice of the Court of Appeal), ordered Stanbic IBTC and CSCS to defreeze all of the consultants' accounts. EFCC ordered the bank not to obey the order in order to keep the source of the bribes warehoused until they are able to extort their demands from the consultants' monies…
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