Trafigura Owed FGN $1.6billion Tax- Witness
The Economic and Financial Crimes Commission (EFCC) witness in the on -going trial of some oil marketers and Trafigura Beheer BV, Trafigura PTE limited on Wednesday told a Federal High Court in Lagos that the international oil companies owed the federal government of Nigeria $1.6 billion in unpaid taxes.
The witness, Emefo Etudo, who was being cross examined by lead counsel to third defendant, Professor Taiwo Oshinpitan, claim that Trafigura did not have an office in Nigeria was designed to evade tax due to Nigeria government.
The oil marketers, Osahon Asemota and Yusuf Yahaya Kwande are facing an alleged three count charge alongside Trafigura Behee BV, Trafigura PTE Limited, Mettle Energy and Gas, Rembrandt Limited and Jil Engineering and Oil Services Limited.
The charge is bordering on conspiracy, stealing, and receiving stolen Automotive Gas Oil belonging to Nadabo Energy Limited with quantity of 10,000 metric tonnes worth $8.4million.
They pleaded not guilty to the charge.
Etudo also told the court that when the National Assembly invited the company, he sat with the defendants when they lied that Trafigura did not have any office in Nigeria to cover up their alleged tax fraud.
The witness alleged that Trafigura has operation office in Sinari Daranijo Street, Victoria Island, Lagos, ‘knowing to everybody,’ stressing that Kwande admittedly said in his ‘deposition that he and some people are responsible for the operation’ of the company.
“I know so many things about these people. Trafigura will never register in Nigeria. They lied to Nigeria because they don’t want to pay $1.6billion in tax due to Nigeria government.
“I was there when Trafigura was invited to the National Assembly. They said they don’t have operating office in Nigeria. The third defendant lied to Nigeria. Their office is at Sinari Daranijo Street, Victoria Island. If Nigeria has problems they are one of them,” Etudo said.
Consequently, Etudo under further cross examination with Oshinpitan affirmed that all the invoice of Trafigura in Nigeria has inscription Y. Y. K, which according to the witness is the initial name of the third defendant.
He said the Kwande never deny this fact when confronted by the Nigeria Police and the Economic and Financial Crimes Commission.
He said it was Kwande who issued the controversial proforma invoice of MT Ozay6 in favour of Jil Engineering.
“Every proforma invoice has his initials of Y. Y. K. Another name of him is Babs. He wrote and admitted the proforma invoice dated November 21, 2008. He admitted this before the police and the Economic and Financial Crimes Commission.
“He has admitted the missing cargo and listed the invoice number. He admitted that they brought Jil to purchase the cargo at agreed price. He issued the proforma invoice. Ozay 6 was brought by Jil. The captain prepared the bill of lading that took away the vessel from Apapa,” the witness said.
Etudo, earlier under cross examination from counsel to first and second defendants Bode Olanipekun SAN, maintained that contract number three marked 17904 was not entered among Rendbrandt, Mettle Energy and Trafigura but affirmed the contract between Rendbrandt and Trafigura on behalf of Nadabo Energy Limited as genuine.
He further said all the defendants instructed him to go after Jil Engineering and Oil Services Limited to cover their tracks in the alleged fraud.
“The contract number 179041 is not among Rendbrandt, Mettle Energy and Trafigura but it is a contract between Rendbrandt and Trafigura on behalf of Nadabo Energy Limited which they did and took away the cargo. I discovered this in the course of the investigation,” Etudo said.
The defendants committed the offences from October 22, 2008 and December 15, 2008, the offence is contrary to Section 383(1), 427 and 516 of Criminal Law of Lagos State Cap. C17, 2003.
Justice Mojisola Dada thereafter, adjourned the matter to January 7 and 11 for the continuation of the trial.