LAGOS COURT JAILS NOGASA CHAIR, FATUYI PHILLIPS 21 YEARS FOR N43. 5M FRAUD. (PHOTO). #PRESS RELEASE

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 Lagos Court Jails NOGASA Chair, Fatuyi Phillips 21 Years  for N43.5m Fraud    Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Monday, November 18, 2024, convicted and sentenced Fatuyi Yemi Philips, Chairman, Natural Oil and Gas Suppliers Association of Nigeria, NOGASA, to 21 years imprisonment for N43.5m fraud.   The Lagos Zonal Directorate of the Economic and Financial Crimes Commission, EFCC, on April 5, 2022, arraigned Philips alongside his firm, Oceanview Oil and Gas Limited, on a two-count charge bordering on obtaining money by false pretence to the tune of N43, 502,000.00   Count one reads: "Fatuyi Yemi Philips and Oceanview Oil and Gas Nigeria Limited, on or about the 28th day of September, 2016 at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the aggregate sum of N43, 502,000.00 from Elochukwu Okoye and Elebana Unique Ventures Nigeria Limited on behalf of WAPCIL Nigeria Limited under the false rep

PRESENTATION OF PETITION ON THE FLOOR OF THE RIVERS STATE HOUSE OF ASSEMBLY AGAINST THE NIGER DELTA PETROLEUM RESOURCES LTD.{PHOTOS}.#PRESS RELEASE.

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     PRESENTATION OF PETITION ON THE FLOOR OF THE RIVERS STATE HOUSE OF ASSEMBLY AGAINST THE NIGER DELTA PETROLEUM RESOURCES LTD. (NDPR) BORDERING ON MARGINALIZATION OF HOST COMMUNITIES, MULTIPLE TAX EVASION IN RIVERS STATE AND OTHER RELATED MATTERS.
A STRONG AND URGENT PROTEST AGAINST THE MINDLESS OIL AND GAS EXPLOITATION AND MARGINALIZATION, ECONOMIC AND ENVIRONMENTAL SABOTAGE OF THE HOST COMMUNITIES OF OML-54 IN AHOADA EAST LGA BY THE NIGER DELTA PETROLEUM RESOURCES LIMITED (NDPR) - DELIBERATE ATTEMPT TO EXTERMINATE THE LIVES OF THE PEOPLE LIVING IN OGBELE FIELD AND ITS ENVIRONS AS WELL AS THEIR OBSTINATE PENCHANT TO WILFULLY VIOLATE THE LAWS OF THE STATE AND THEREBY DEFRAUD IN MONUMENTAL TERMS REVENUE ACCRUING TO BOTH THE FEDERAL AND STATE GOVERNMENT.
PROLOGUE ON THE SUBJECT -
Niger Delta Petroleum Resources Limited (NDPR) is an upstream and downstream oil and gas company. Its major assets are located at Ogbele field in Ahoada-East LGA of Rivers State. Ogbele field is an onshore block OML-54, lying on the eastern delta.
It will interest you to know that NDPR was the first marginal field developer in Nigeria. The company has been involved in the exploration of hydrocarbon. Activities such as drilling, production and marketing of crude oil fractions, like AGO has been in full swing since 2010. Recently, the company has expanded and upgraded their mini refinery in two trains. Train 1 which is running at a daily production capacity of 5000 bbl/day is producing various crude oil fractions, like; Marine Diesel Oil (MDO), Dual Purpose Kerosene(DPK), Aviation Jet Fuel(ATK), High Power Fuel Oil(HPFO) and Naphtha.
It is also expected that with the current upgrade and commissioning of train II, cum the addition of premium motor spirit (PMS) into the range of additional refined production, the daily production capacity will be 11,000bbl/day.
At present NDPR is flowing 12 wells with a daily production capacity of about 14,000 bbl/day. The wells are producing at reduced choke size. Currently the field is producing at natural reservoir pressure and this condition will remain at least for the next 30years before they will think of using gaslift. Studies have shown that other reservoirs exist beyond the current payzone.Enviable and lofty as the profile of NDPR clearly appears to be, the said company has grotesquely, marginalized and exploited its Host Communities, treating them as sub-human beings. In the same vein, NDPR has also deliberately violated several extant laws of the state and has consistently evaded the payment of appropriate tax and other social corporate responsibilities to the state and federal government. As we shall show hereunder, billions of naira has been lost to NDPR, owing to their abject deliberate failure/refusal to make full disclosure of their operations, activities and assets at the Ogbele marginal field at the detriment of the tripartite parties of Host Communities, state and federal government. See below set out details of some relevant information in the regard (Other sensitive material evidence will be made available during oral presentation).
NON-PREPARATION OF AN ENVIROMENTAL IMPACT ASSESSMENT (EIA) REPORT PRIOR TO AND EVEN AFTER OVER TWO DECADES OF ITS OPERATION IN OGBELE FIELD – AN OFFENCE PUNISHABLE BY LAW AS ENSHIRINED IN RELEVANT STATUTES AND OTHER JUIDCIAL DECIDED CASES - Environmental Impact Assessment (EIA) approach is a process, which is backed by law both at the State and Federal levels of legislation for developmental projects. Its implementation among other things show the social responsibility and accountability posture of the Government since some developmental projects require “Social License”, which is gotten through the EIA process. To this day, nothing has been done.BRAZEN VIOLATION OF RIVERS STATE EMPLOYMENT LAW IN TERMS OF EMPLOYMENT OF MEMBERS OF THE HOST COMMUNITIES - It is regrettable that NDPR is one of the corporate establishments in the State that has taken pleasure in shutting its eyes to the Employment law of the State and the Local Content Act which enjoins the employment of indigenes especially at the lower cadres.
TRUST FUND - NDPR is founded on an irreversible joint voluntary agreement that 5% of its annual profit belongs to the host Communities. In Law, morally, socially, economically and in all facets of justice, a landlord within the law decides which tenant occupies his or her building. In the foregoing legal instrument, it is further provided that 30% of the annual 5% Net profit of NDPR is reinvestable for the economic benefit and prosperity of the host communities. This is intended to cause a chain of unbreakable step to perpetual socio-economic advancement. Sadly, there is no published, established nor recorded evidence showing proof nor aggregate as regards interest accrued nor sustainable value added from the above proposition.
As it stands, all monetary values owed Host Communities irrespective of NDPR’s false innocently acclaimed ignorance must be addressed and seen to be so, while other negative deeds inconsistent with our traditional, moral, political, economic and other relevant societal obligations must be seen to have been so addressed now and the ensuing subsequent years.
NON-PAYMENT OF PROPER TAXES TO THE RIVERS STATE GOVERNMENT - Tax authorities have never visited their massive site and assets at the Ogbele marginal field, neither has NDPR opened herself to assessment based on her facilities, operations and other relevant related matters there to their massive sites and assets at the Ogbele marginal field, neither have they opened themselves to be assessed based on such facilities and operations. The result of this scenario is that the tripartite parties has been losing billions of naira in all enumerative categories to NDPR due to their evasive tactics.
TOTAL MARGINALIZATION AND OPPRESSION OF MEMEBERS OF THE HOST COMMUNITIES - It is lamentable that NDPR has deliberately marginalized and exploited the people who are their hosts for over two decades and that have provided them with the needed peaceful atmosphere that has continued to propel the growth and enlargement of their business operations.
MEMORADUIM OF UNDERSTANDING (MOU) - NDPR as the operating partner of the OML-54 has not tolled this line for the past two decades. The MOU entered with the Host Communities in the past has expired and NDPR has failed to renew same with the Host Communities, even the implementation of the GMOU is not respected, the company has been sponsoring divide and rule tactics to cause disaffection amongst the people, in order to operate unhindered without any resistance from the people.
DEPRIVATION OF MANAGERIAL POSITIONS TO HOST COMMUNITIES - It is appalling and most unfortunate that host communities are deprived of adequate representation in the marginal cadre of NDPR. A close look at the nominal roll of NDPR, few staffs are employed in the junior and casual staff cadre. Strangers are given prominence, who have no blood connection in the area of operation of NDPR to the detriment, consternation, psychological and mental torture to the people of the Host Communities.
PRAYERS:
By reason of all complaints set out above, we wish to humbly pray His Excellency for the followings:-
1)That the Executive Governor of Rivers State, the Rivers State House of Assembly, Media Houses and other relevant government and public institutions should pay a first-hand visit to the Ogbele Operational Base/Site of NDPR for first hand viewing/information of the actual happenings to have pictorial knowledge of the level of Operational capacity
2)That a special panel of inquiry should be constituted to investigate the operational capacity and activities of NDPR with a view to ascertaining whether proper taxes were paid by NDPR to the Rivers State Government over the years.
3)That the special panel on inquiry should involve Representative of the Rivers State Ministry of Environment and Natural Resources, the Board of Internal Revenue, the member representing Ahoada East Constituency II in the Rivers State House of Assembly within whose jurisdiction NDPR is operating and any other person who has a vast knowledge of Oil and Gas business.
4)The Rivers State Government / The Panel of inquiry should deal/ interface with top management Board led by the Managing Director only and not through any representative or proxy.
5)The Special Panel’s terms of reference should include:
a) To ensure that NDPR is properly assessed for state taxation and be made to pay the backlog illegally evaded over the years, and the penalty/fines, thereof.
b) To call for the full record/nominal roll of staff and contracts of NDPR, and ensure that they conform with the provisions of the Rivers State Employment Law and the Local Content Act.
(7) In June 2002, NDPR a signed community and environmental developmental Trust, to ensure that the agreed five percent (5%) of the company’s Annual profit, as Trust Fund be remitted to each of the host communities. The 30% re-investable amount from the 5% should be made public and be paid to all the host communities.
(8) We demand that members of the host communities and even representatives of the Rivers State Government are included in the Equity Management Trust Board that manages the funds mentioned in the preceding paragraph so as to make for fairness and transparency.
(9) The report of this special panel should include the midwifing of the preparation of proper memorandum of understanding between NDPR and her host Communities will be made amongst others, to provide employment, contract awards, scholarship awards, infrastructure and other necessary prerequisites to the members of the host Communities in line with her Social Corporate Responsibilities.
(10) That the Special Panel compels NDPR to relocate its Corporate Head Quarters from Lagos to Port Harcourt, River State, as prescribed by the Nigeria Local Content Law.
(11) That the special panel should investigate all subsidiary companies namely; Someni Nig. Ltd, Venis Ltd, Cakasa Ltd, Adland Nigeria, Gmg Nigeria Ltd, Power Gas Nig. Ltd, N.D. Refinery, Meshack Nig. Ltd, etc, hiding under NDPR’s coverage, with a view to depriving the Rivers State Government of her legitimate Tax remittance.
(12) The investigative Panel of Inquiry should ensure a clear up to date Memorandum of Understanding between the company and her host Communities that guarantees compliance to the Rivers State Employment Law and the Nigeria Local Content Act.
(13) We demand that the Environmental Impact Assessment (EIA) is carried out to determine the hazardous implications of the operations of NDPR over the years and make holistic recommendations and also set up an Environmental Management Plan (EMP) in place.
(14) We demand that NDPR’s operation does not resume until a time when investigations have been concluded.
(15) We also demand that the Special Panel of Inquiry visit the facilities, properties, Communities, management, Board and all necessary parties.
(16) CLUSTER BOARD
It is hereby prayed that a Cluster board be setup and inaugurated by Rivers State Government with membership drown from all interested parties.
Ideally operating companies help to promote a peaceful and cooperative working environment in areas where they work and therefore, desires to create systems that will guarantee the needed peaceful condition. In the light of the above, however, a cluster board-over sight committee should be formed.
The committee will be charged with the responsibility of providing oversight for the host communities and NDPR, engage in conflict resolution between the host communities and NDPR. Etc. membership of the board shall be drown from Rivers State Government, NDPR, host communities, And the local Government council cluster board serve as supervisory mechanism to ensure strict adherence and implementation of MOU, Trust fund, and other necessary obligations
Obviously NDPR has invaded the formation and existence of a cluster board by their known act of bribery and corruption which has affected and blindfolded past government functionaries. All these are geared towards denying the host communities and the government of Rivers State their actual dues in monetary and project terms.(16) MEMORANDUM OF UNDERSTANDING
The MOU should amongst other things capture
1. Human development; Employment, educational scholarship, skills development.
2. Development Envelope for the purpose of the economic and infrastructural development of the host communities.
(17) An any other recommendation as His Excellency, the Governor of Rivers State deem fit to ensure equity, fairness, justice and the rule of law.More photos below.
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