A prosecution witness for the Economic and Financial Crimes Commission (EFCC), Mr Emefun Etudo, on Wednesday alleged that Trafigura Beheer BV and Trafigura PTE Ltd, an international oil company, owed the Nigerian government about $1.6 billion in unpaid taxes.
Etudo made this disclosure when he was being cross-examined by Mr Taiwo Osipitan (SAN) at an Ikeja Special Offences Court in the trial of the foreign oil company and five Nigerian associates over alleged $8.4 million theft
Specifically, the prosecution witness alleged that Trafigura fraudulently claimed that it did not have a Nigerian office in a bid to evade taxes due to the Federal Government (FG).
He alleged: “Trafigura has operational office at Sinari Daranijo Str., Victoria Island, Lagos which is known to everybody, Yusuf Kwande (the third defendant) admitted in an EFCC deposition that he and some people were responsible for the Nigerian operations of the company.
“I know so many things about these people, Trafigura will never register in Nigeria, they lied to the Nigerian government because they didn’t want to pay $1.6 billion in tax due to the FG. I was there when Trafigura was invited to the National Assembly, they said they didn’t have an operating office in Nigeria, the third defendant (Kwande) lied to Nigeria.
“Their office is at Sinari Daranijo Street, Victoria Island, they are one of the causes of the problems of Nigeria,” Etudo added.
This is even as he disclosed that all the invoices of Trafigura in Nigeria had inscription Y. Y. K (Yusuf Yahaya Kwande) which is the initials of the third defendant and that Kwande never denied this fact when confronted by the Nigeria Police and the EFCC.
Etudo expatiated: “It was Kwande who issued the controversial proforma invoice of the vessel MT Ozay6 in favour of Jil Engineering. Every proforma invoice has his initials of Y. Y. K, another name of his is Babs, he wrote and admitted the invoice dated Nov. 21.
“He has admitted responsibility for the missing cargo and he listed the invoice number, he admitted that they brought Jil Engineering and Services Ltd. (seventh defendant) to purchase the cargo at an agreed price.
“He issued the proforma invoice, MT Ozay 6 was brought by Jil Engineering and Services and the Captain prepared the bill of lading that took away the vessel from Apapa”, he added.
Mr Bode Olanipekun (SAN), the defence counsel for Trafigura, had earlier during cross-examination by Etudo said that contract number three marked 17904 was not entered between Mettle Energy and Gas, Renbrandt (fourth and fifth defendant) and Trafigura.
He however admitted that the contract between Rendbrandt and Trafigura on behalf of Nadabo Energy Ltd., the complainant in the case was genuine.
Etudo, a legal practitioner whose services were once engaged by Kwande, told the court that the defendants instructed him to go after Jil Engineering and Oil Services Ltd. to cover their tracks in the alleged $8.4million fraud.
According to him, the contract number 179041 is not between Mettle Energy and Gas, Rendbrandt and Trafigura but it is a contract between Rendbrandt and Trafigura on behalf of Nadabo Energy Ltd.
He alleged before the court that the contract was executed and they illegally took away the cargo. I discovered this in the course of my investigation.
The issue for determination by the High Court is that Trafigura is charged together with their Nigerian associates- Yusuf Kwande, Mettle Energy and Gas, Rendbrandt Ltd., Osahon Asemota and Jil Engineering and Oil Services Ltd on a three-count charge bordering on conspiracy, stealing and receiving stolen property.
The EFCC had, in the charges, accused the defendants of fraudulently converting to their personal use, $8.4million of Automated Gas Oil (AGO) at the office of Trafigura Beheer BV located at 20A Sinaro Daranijo Street, off Ligali Ayorinde Street, Victoria Island, Lagos on Oct. 22, 2008 to Dec. 15, 2008.
The commission alleged that the stolen AGO was the property of Nadabo Energy Ltd., and was kept in the legal custody of the now defunct Spring Bank on Victoria Island.
The offences contravened Sections 383(1), 427 and 516 of the Criminal Code Law of Lagos State 2003.
The judge, Mojisola Dada, adjourned the case until January 7, 2019 and January 11, 2019 for continuation of trial
