Our so-called leaders are nothing but common bribe takers,
according to US investigators who have got to the bottom
of the Halliburton scandal.
The fingered personalities include three former presidents;
Obasanjo, Abacha, and Abubakar- as well as a who's who
of Nigeria 's political and business elite.
At least three of our former presidents, Sani Abacha,
Abdusalami Abubakar, and Olusegun Obasanjo, received
millions of dollars in bribes from American and European
contractors retained to build Africa's first liquefied
natural gas plant in Bonny, Rivers State, according
to US law enforcement officials.
Also enmeshed in the vast and formalized bribery
scheme is a long line of ministers, bureaucrats,
top politicians,
state and local officials and former oil minister
Dan Etete, according to American investigators.
This cast of characters, charged with running the
affairs of 150 million people in the heart of Africa
, received
stacks of US dollar bills in briefcases and sometimes
in bullion vans.
In other cases they received their payoffs via
electronic bank transfers involving such financial
institutions
as Citibank.
In
all, these eminent Nigerians accepted at least N27
billion in bribes from the oil services
companies in
exchange for billions of dollars in contracts
to build our liquefied natural gas plant, US
investigators
say.
American authorities are now pursuing their
own citizens and corporations, notably the
oil services
company
Halliburton, in connection with the scandal.
Halliburton has agreed to pay $579 million
in fines and many of its agents face long
jail terms.
Our law enforcement authorities, notably
Attorney General Michael Aandoaka, have
lately been
making noises but
have in reality done little to pursue those
indicted in this scandal, which reveals
us as a nation
that fully justifies its reputation as
one of the world's
leading
cesspits for corruption and unrestrained
graft.
How it all started
The origin of the Nigerian Liquified scandal
can be traced back to 1994, when bids
were submitted to build
Africa's
first liquefied natural gas plant in
Bonny, Rivers State , at a cost of $6 billion.
A joint venture company, TSKJ, formed
in equal partnership between a French
engineering
company,
Technip; an
Italian engineering company, Snamprogetti;
a US engineering company, KBR, of the
Halliburton group;
and the Japanese
engineering
and construction company, JGC, amplified
corruption in Nigeria to unprecedented
levels.
Soon after TSKJ was formed, it set
up three companies registered in
Madeira, Portugal
to recruit two "consulting
companies," Tri-Star Investment Ltd, and Marubeni
Inc, with the mandate to bribe Nigerian "officials
of the executive branch of government, NNPC and NLNG
officials, and political party leaders," according
to a sealed indictment filed at the United States District
Court in Houston, Texas.
Three early decisions taken by TSKJ
were: hiring a British lawyer,
Jeffery Tesler,
to coordinate
the affairs
of
TriStar; signing up Wojciech Chodan,
an American deal maker resident
in the UK
to assist him
and contracting Messrs Matsuda,
Endo, and Lida to
run Marubeni.
According to the court deposition
of Mr.Tesler, in a clinical application
of the principles
of division
of
labour,TSKJ mandated the Tri-Star
team,
which it disingenuously called "cultural advisors," to focus only on
bribing the "senior level officials", while
the Marubeni team was instructed to restrict itself to
bribing the "lower level Nigerian officials."
Thus while Tristar was incorporated
in Gibraltar and had a budget
of $130 million;
Marubeni,
incorporated in Japan , had
a budget of $50 million.
Our investigations in the United
States , France , the UK
and in Nigeria spanned
a
three week
period and
were
based on court indictments,
depositions and interviews.
Bribery in a customary manner
Sani Abacha, Nigeria's late
Head of State, was the
first significant
point
of contact
for the
TSKJ team,
according
to lawyers of the United
States department of justice,
who
claimed in court
depositions that,
in August
1994, the CEO of KBR, Albert
Jackson Stanley, and top
executives of TSKJ struck
an agreement
with Abacha "to do business
in a customary manner."
Towards this end, a "cultural committee" of
the sales and senior personnel officers of the four joint
venture companies, as well as agents of Marubeni was
put together to "consider how to implement, but
hide, the scheme to pay bribes" to Nigerian officials.
The "cultural committee" in October 1994 worked
out a programme of what it called "the downloading
and offloading of payments through subcontractors and
vendors."
According to the U. S.
Department of Justice,
once a plan of
how to distribute
the bribes
and a scheme
to
evade US bank monitors
were resolved, the "cultural
committee" gave Mr. Tesler the green light to meet
the then petroleum minister, Dan Etete, to discuss and
agree on the modalities.
This meeting held on
November 02 1994, when
Mr. Tesler
handed Mr.
Etete the
bribe schema
to secure
Train
1 and Train 2 of the
Liquified Natural Gas(LNG)
contract.
It was made clear that
$60 million was available
to
be shared. Out
of this,
$40 million would
go to Mr.
Abacha,
while others would
have to scramble
for the remaining
$20million.
A cultural committee
to manage the graft
Keeping faith with
the grand plan
of the cultural
committee,
Mr.
Stanley, the CEO
of KBR, who
was handpicked
for
this job by former
U.S.Vice President
Dick Cheney,
rushed to Abuja
three weeks after
the
November 2 meeting
, to confirm if
Mr.
Abacha
was comfortable
with Tesler as
a go-between.
Once this was understood
on both sides,
a series of decisions
was made ahead
of the
signing
of the Train
1 and Train
2 contracts.
In January 1995,
Chodan and Stanley
agreed
to exclude any
US citizens from
participating
in
the bribe
scheme. In March
of
the
same
year, TSKJ formally
signed the $60
million contract
with TriStar.
Furthermore,
in December,
TSKJ
paid TriStar
$1.5 million
as commission
for
its "services," and in April
1996, TSKJ formally signed a $29 million contract with
Marubeni to settle the "lower level Nigerian officials."
According to
filings in
the Houston
District court,
by
the time the
Train 1 and
Train
2 contracts
had been signed,
Mr.Tesler himself
wired $63,000
into a Swiss
account of
Mr.Etete.
French police
prosecutors
have determined
that around
the
same time,
in order
to cover
up
his tracks,
he also opened
negotiations
with Etete
to
purchase
five per
cent of the
then minister's
holding
in the OPL
245 Malibu
oil block.
For this
deal, Mr.Tesler
wired
a total
of $2.5 million
into the
accounts
of
the former
minister
through
the TriStar
accounts.
Mr. Etete
used three
different
names,
according
to
the deposition,
his
personal
name or
Buzaki
Etete,
or one
Omoni Amafegha,
who Mr.Tesler
told
the
French
Court was
a listed
name on
the
board of
Malibu
.
Dele Adesina,
a Senior
Advocate
of Nigeria
and Mr.
Etete's
lawyer
in respect
of
the Malabu
oil block
licence
which
the Obasanjo
administration
revoked
in
1999,
would not comment
on
this
matter when asked.
He said: "I was only retained with respect of the
revocation of the Malabu block; I have absolutely no
knowledge of Mr.Tesler."
Mr.Tesler's
brief
was
to
make
sure
things
moved
smoothly.
A key
challenge
at
this
point
was
unfettered
access
to
Mr.Abacha
at
that
time,
and
as
he
told
French
investigators,
the
man
who
made
this
possible
was
the
former
Inspector
General
of
Police,
M.
D.
Yusuf,
who
later
became
Chairman
of
the
NLNG.
Mr.Tesler
claimed
he "downloaded $75,000 in two
installments" into Mr.Yusuf's pocket for this purpose.
Information on the former policeman's involvement in
the TSKJ scandal, is not new.
In
2004, when
a House
of Representatives
Committee headed
by Chudi
Offodile investigated
the NLNG
contract, it
found out
that Mr.
Yusuf as
NLNG chairman
acted improperly
in favour
of TSKJ.
Petroleum
minister at
the time,
Don Etiebet,
had sought
to ensure
fair play
in the
contract bid
between TSKJ,
and the
only other
competitor, BCSA.
It "appeared that a decision had been taken even
before the Board meeting of 24th Sept. 1994" that
determined the contract,
the
Offodile report stated.
What
happened after
Trains 1
and 2
Having
put the
Train 1
and 2
contracts in
the can,
TSKJ turned
its gaze
on the
Train 3
contract. For
this, Stanley
flew to
Abuja again
in the
second quarter
of 1997,
with the
sole mission
of asking
Mr.Abacha to
recommend a
trusted front
man to
collect his
bribe.
Shortly
after he
died on
June 8,
1998, Mr.Tesler
promptly erased
him from
the list
of bribe
beneficiaries, substituting
him with
the new
helmsman, Abdulsalami
Abubakar.
To
keep the
entire scheme
on the
rails, Stanley
flew back
to Abuja
on February
28 1999,
asking Mr.
Abubakar, to
recommend a
trusted front
man to
collect his
bribe.
Anxiety
about the
election
With
an election
already fixed
for May
1999, TSKJ
was anxious
to wrap
up the
Train 3
contract before
a change
of power
in Abuja
.
Another
meeting was
held in
London on
March 05
1999, to
come up
with a
strategy to
achieve this
objective.
One
week after,
TSKJ won
the Train
3 contract
for $1.2
billion. On
March 18,
1999, TSKJ
paid a
kickback of
$32.5 million
into TriStar's
account, to
bribe the
Nigerian officials
who facilitated
the award
of the
contract.
Even
though the
lower class
officials
were
eventually catered
for in
the bribe
scheme, they
always got
the short
end of
the stick.
Thus,
while the
senior
Nigerian
officials
had
their bribes
promptly
paid,
it took
one year
after TSKJ
had signed
the Train
3 contract
before
Marubeni
lined the
pockets
of
the lower
class officials.
Computing
the pay-offs
up to
January
2001,
American prosecutors
believe
that
a $2.5
million bribe
was "off loaded" directly
to the Swiss account
of Mr. Abubakar's frontman.
For
four days
last week,
NEXT sought
unsuccessfully,
through
his media
consultant,
to
reach the
former Head
of State,
sending
him
details of
the court
indictments
but
he declined
to comment.
After
the transition
to civil
rule
in
1999, the
United
States
Department
of
Justice
attorneys
stated
that
Mr.Stanley
met
with
the
new President,
Olusegun
Obasanjo
and the
then Group
Managing
Director
of the
Nigerian
National
Petroleum
Corporation
(NNPC),
Gauis
Obaseki,
in
Abuja
on
November
11,
2001, to
designate "a
representative with
whom the
joint venture [TSKJ]
should negotiate the
[obligatory] bribes
in support
of the award of the
[forthcoming]
Trains 4 and 5 contracts."
One
month
later,
on
December
20 in
London
,
Mr.
Obaseki
met Mr.
Chodan
and
Mr.Stanley
over
lunch,
to
discuss
the
details
of
the
Trains
4 and
5 contracts.
On
Christmas
Eve,
TSKJ
signed
a
$51
million
deal
with
TriStar,
to
bribe
Nigerian
officials
for
the
Trains
4
and
5
contracts.
Three
months
later,
in
March
2002,
TSKJ
won
the
Train
4
and
5
contract
for
$3.6
billion.
Mr.
Obaseki
declined
to
respond
to
these
charges
when
NEXT
spoke
to
him
on
the
phone.
He
appeared
to
be
more
disturbed
about
how
we
got
his
phone
numbers. "I am sorry I have no response to
give" he
said.
Mr.
Obaseki's
email
address
and
phone
numbers
are
all
listed
on
his
own
personal
website.
We
also
could
not
reach
former
president
Obasanjo,
for
his
comment
on
the
bribe
claims
by
Mr.Tesler.
Taking
care of
the political
big boys
Following the
signing of
contracts for
Trains 4
and 5,
all seemed
to be
going well
between the
new administration
and TSKJ.
June
2002 would
turn out
to be
a significant
month in
this narrative
of sleaze
between TSKJ
and Nigerian
government
officials.
That
month,
TSKJ
signed
another
$25
million
contract
with
Marubeni
to
settle
the
bribes
of
the
low
cadre
officials
for
the
Trains
4
and
5
of
the
NLNG
project.
It
also
signed
a $23
million
contract
with
TriStar
to bribe
the top
officials
for
the Train
6 project.
However,
Mr.Obaseki's
meeting
with
Mr.Tesler
in
London
represented
an
important
turning
point
in
the
scandal.
The
former
NNPC's
GMD's
message
to
the
meeting,
according
to
Mr.
Tesler's
indictment
papers,
was
that
the
time
had
come
to
bring
in
the
political
boys.
Apparently
the
Peoples
Democratic
Party
gods
needed
to
be
appeased.
Indictment
records
from
both
the
Department
of
Justice
(DOJ)
and
the
Security
and
Exchange
Commission
(SEC)
of
the
United
States
attorneys
showed
that
in
August
2002,
Mr.
Tesler
wired
$5
million
to
the
account
of
a
Port
Harcourt
based
sub-contractor
named
Intels
Energy
Limited.
The
money
was
received
in
the
company's
account
with
Citibank
Nigeria
.
Former
Vice-President
Atiku
Abubakar
and
the
late
Shehu
Musa
Yar
Adua
are
alleged
to
have
substantial
interests
in
Intels
Energy
Limited.
NEXT
made
repeated
but
unsuccessful
attempts
to
speak
to
Intels
officials
on
the
phone.
A
letter
delivered
to
their
Ikoyi,
Lagos
office
asking
for
their
response
to
this
allegation
is
still
unanswered
.
A
Mr.
Joseph
who
was
in
the
office
said
, "How did
you people even get this information," adding
that
the
letter
must
be
forwarded
to
Intels
Port
Harocurt
office.
Intels,
according
to
our
investigations,
was
the
key
sub
contractor
for
Marubeni
in
bribing
the
lower
level
officials
of
the
NNPC
and
NLNG.
Bullion
van
bribery
Both
the
Department
of
Justice
and
the
Security
and
Exchange
Commission's
attorneys,
corroborated
each
other's
claim
that
$1million
in
$100
bills
was
deposited "to the
NNPC official" at the NICON Hilton Hotel in a "pilot's
briefcase" for
onward
delivery
to
the
PDP
before
the
2003
general
elections.
The
remaining
$4
million
was,
according
to
the
court
filings,
delivered
in
naira
in
a
bul-lion
van.
Audu
Ogbe
who
was
the
PDP
chairman
at
the
time
denied
any
knowledge
of
this
and
loudly
called
for
an
investigation.
A
spokesman
for
Vincent
Ogbulafor,
the
current
chairman,
said
in
Abuja
last
week
that
Ogboluafor
also
discounted
this
claim.
Phenomenal
greed
and
sleaze
The
planning,
the
scale
and
the
sophistication
of
TSKJ's
web
of
corruption
and
its
capacity
to
ensnare
three
successive
heads
of
state,
coupled
with
the
elaborate
scheme
to
set
up
corrupting
agencies
for
lower
and
senior
officials,
stands
out
in
the
annals
of
official
corruption
in
Nigeria
.
The
ruling
class
was
identified
and
broken
down
into
its
constituent
parts:
political,
bureaucratic,
and
technocratic
so
as
to
isolate
the
beneficiaries
of
the
graft.
TSKJ
came
fully
prepared
and
well
primed
to
sustaining
this
code
named
scheme
over
the
decade
it
would
take
to
come
to
fruition.
The
multijurisdictional
impact
of
the
corruption
is
still
unprecedented
in
Nigeria
.
Keeping
mute
Attorneys
for
TSKJ,
KBR,
and
Halliburton
in
Nigeria
,
Templars
Law
Offices
on
Victoria
Island,
Lagos
declined
to
answer
questions
about
the
conduct
of
their
clients,
saying "we
cannot
make
any
comment
on
TSKJ
because
they
are
no
longer
our
clients."
Yet,
Templars
maintains
a
relationship
with
both
TSKJ
and
Halliburton
on
its
website.
It
indeed
claims
to
maintain
a "recent relationship," regarding
multi-jurisdictional
investigations
in
Nigeria
,
Switzerland
,
France
,
and
the
UK
.
An
office
spokesperson
declined
to
comment
on
when
Templars
severed
its
relationships
with
TSKJ
and
Halliburton.
But
he
was
emphatic
that
the
principal
partner,
Oghogho
Akpata,
who
is
the
office
lead
on
the
TSKJ/KBR/Halliburton
brief,
would
not
be
available
for
comments.
Investigating
KBR
KBR
or
its
principal
officers
are
facing
investigation
and
prosecution
in
at
least
five
countries
today.
Officers
from
Britain
's
Serious
Fraud
Office(SFO),
arrested
Mr.
Tesler,
now
60,
at
his
offices
in
Tottenham,
London
,
on
March
05.
He
is
to
be
extradited
to
the
USA
to
face
further
questioning
by
the
Department
of
Justice.
Also
arrested
with
Mr.Tesler
was
Mr.Chodan,
71,
who
as
an
agent
for
Halliburton,
wrote
detailed
diaries,
describing
meetings
with
the
bribe
consortium
and
representatives
of
the
international
oil
companies.
From
the
United
Kingdom
,
Britain
's
Serious
Fraud
Office
confirmed
that
there
is
an
on-going
investigation
into
the
allegations
of
bribery
and
corruption
against
British
businesses
in
Nigeria
.
Since
2004,
the
Economic
and
Financial
Crimes
Commission
has
been
investigating
the
conduct
of
Halliburton/KBR.
The
investigation
is
ongoing,
according
to
sources
in
Abuja
.
Recently,
the
Swiss
Justice
department
followed
the
steps
of
the
Police
Judiciare
of
France,
which
in
2003,
started
an
investigation
which
revealed
fraudulent
Halliburton
payments
to
Jeffery
Tesler.
In
their
home
country,
the
United
States
,
KBR
and
Halliburton
admitted
last
month
to
violations
of
the
Foreign
Corrupt
Practices
Act,
by
engaging
in
a
decade-long
bribing
scheme
to
secure
contracts
in
Nigeria
.
The
companies
also
agreed
to
pay
a
combined
fine
of
$579
million
to
settle
criminal
and
civil
charges
brought
by
both
the
United
States
Securities
and
Exchange
Commission
(SEC),
and
the
United
States
Department
of
Justice
(DOJ)
for
violation
of
the
Foreign
Corrupt
Practices
Act
(FCPA).
The
indictment
of
Mr.Tesler
and
Mr.Chodan, in
all
likelihood,
will
also
open
a
floodgate
of
other
suits.
This
month
the
president
gave
full backing
to
the
Attorney
General,
Michael
Aondoakaa,
to
again
investigate
Halliburton
for
tarnishing
the
image
of
the
country
by
bribing
its
officials.
Mr.
Aaondoaka
has
assembled
a
team of
local
lawyers
and
briefed
American-based
financial
crimes
experts,
to
institute
a
suit
against
KBR
and
Halliburton
for
soiling
the
name
of
the
country
through
the
bribery
schemes.
Also
last
Tuesday,
the
Nigerian
Senate called
on
the
Federal
Government
to
identify
the
Nigerians
involved
and
proceed
to
prosecute
them.
Smart
Adeyemi,one
of
the
eight
senators who
sponsored
the
Bill
said "the
matter
is
so
huge
it
can
erase
the
prestige
of
the
Senate
and
indeed
of
the
Nigerian
government
to
be
legitimate,
if
this
is
swept
under
the
carpet."
The
chairman
of
the
House
of
Representatives
Committee
on
Anti-corruption,
Sabo
Nakudu,
also
takes
the
position
that
the
allegations
deserve "serious investigation",
although he was worried that "we
haven't
got
any
petition
in
that
regard
and
no
report
has
been
sent
to
us.
We
just
read
about
the
thing
in
the
newspapers.
Unless
we
are
able
to
come
across
some
documentation
to
look
at
that
kind
of
issue,
there
is
nothing
we
can
do.
We
are
just
reading
all
these
information
in
the
newspapers
like
anybody
else."
In
the
2003-2007
House
of
Representatives,
when
Chudi
Offodile,
as
chairman
of
the
House
committee
on
pubic
petitions,
investigated
the
Halliburton
scandal,
he
said
he
repeatedly
ran
into
a
brick
wall.
The
Offodile
committee,
however,
recommended
that
all
companies
in
the
TSKJ
consortium,
as
well
as
Halliburton
be
excluded
from
future
contracts
in
the
country.
The
House
sitting
of
September
2004,
approved
the
committee's
recommendations.
In
his
response
to
the
current
phase
of
the
scandal,
Mr.Offodile,
in
a
pained
response,
lamented
how
the
NNPC
and
the
Federal
Government
subverted
all
the
best
intensions
of
the
legislature.
In
spite
of
the
legislators
recommendations,
NNPC
went
ahead
to
give
KBR
the
contract
to
build
the "topsides
of
the
FPSO
for
Agbami
Deep
offshore
field,
owned
by
NNPC,
ChevronTexaco
Petrobras
and
Statoil...
[and
that
the]
same
KBR
formed
a
Joint
Venture
with
Snamprogetti,
and
JGC,
all
three
Companies
were
members
of
the
notorious
TSKJ
consortium
and
still
won
a
$1.7Billion
EPC
contract
to
build
the
Escravos
Gas
to
Liquids
Project,
owned
by
the
NNPC
and
Chevron-Texaco,''
said
Mr.
Offodile.
He
recounted
a
meeting
in
June 2005