N1.4bn Subsidy Fraud: EFCC Tenders Proof of Forgery Against Helen Aninye, Chizobam Ben Okafor and Pon Specialised Services

Dennis Kasari, a prosecution witness in the trial of Helen Aninye, Chizobam Ben-Okafor and their company, Pon-Specialized Services Limited, on July 8, told a Federal Capital Territory High Court, Abuja, presided over by Justice Olasumbo Goodluck, how the defendants forged documents to fraudulently obtain subsidy from the Federal Government Petroleum Support Scheme.

 At the commencement of trial today, counsel to EFCC, Sir Steve Odiase led two witnesses in evidence.  Kasari, the investigating officer and second prosecution witness, in his testimony told the court how, in the course of investigation the Commission obtained evidence that documents which the defendant used in claiming subsidy payment from the petroleum support fund were forged. According to him, the discovery emerged from a request for verification which the Commission sent to Quality Marine Services Limted, QMSL, a company with core competence in oil freighting. “during investigation we wrote to Quality Marine Services Limited, QMSL, the company that supervised the transfer between the Vessels, MT Fulmar into MT Cape-Bradley, MT Cape-Bradley into MT Aidin, MT Aidin into MT Dani -1”. In their response, he said the company disputed all the documents relating to transfers between MT Fulmar and MT Cape -Bradley; MT Cape -Bradley and MT Aidin. The disputed documents include the Certificate of Cargo Transfer, Harbour Manifest and Certificate of Quantity.

He revealed that while document provided by the defendants indicated that 13,104 MT of PMS was transferred from MT Aidin into MT Dani-1, document obtained from QMSL indicated that MT Aidin tansfered only about 3000 Metric Tonnes into MT Dani-1.

The witness further revealed that information obtained from Lyod Lease Intelligence, an agency that tracks the movement of vessels, revealed that the defendants lied about the itinerary of the vessels that supposedly brought PMS into the country between the months April and July, 2011.

“We made use of Lyod Lease Intelligence, an agency that tracks the movement of vessels and they revealed to us that on 14^th May 2011, MT Cape-Bradley was in France and came offshore Cotonou on 9^th June 2011 and had ship-to-ship (STS) transfer with MT Crete from another Marketer. This was against the claim of the defendant that MT Cape -Bradley was with the accused Products as of 10^th April to 4^th July 2011”, he said.

The Court admitted the additional statement obtained from the first accused person as Exhibit PW2 A1 and 2.

Also admitted were, Letter from EFCC to QMSL as Exhibit PW2B1-22; Responses from QMSL and other attachments as Exhibit PW2C, PWD1&2 and PW2E1-48.

The first prosecution witness, Obinna Kevin Njoku, a staff of the operations department of the Petroleum Product Pricing Regulatory Authority, PPPRA,  who testified earlier, told the court that the defendants’ company, Pon-Specialized Services Limited, had a contract with the agency and received approval to import 15, 000 (fifteen Thousand ) Metric Tonnes of Premium Motor Spirit. He confirmed the third accused, Pon specialized company, was paid subsidy of N1.4 billion after it tendered a 39 point verifiable checklist which the agency usually demanded after supply of PMS had been made.

Prosecution tendered, and the court admitted in evidence, the checklist from PPPRA on the basis of which the defendants were paid subsidy.

The matter was subsequently adjourned to December 1 and 2, 2015 for cross examination of witnesses by defence counsel, Tayo Oyetibo SAN.