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Stop Tinubu From Controlling Alpha Beta – Ex-MD, Dapo Apara Begs Court
A former Managing Director of Alpha Beta LLP, Mr. Dapo Apara, has filed a suit before a Lagos State High Court asking it to stop a former Governor of Lagos State, Bola Tinubu, from controlling the finances of Alpha Beta.
In the suit filed by Mr Ebun-Olu Adegboruwa (SAN) on behalf of Apara on Wednesday, the former MD alleged that Tinubu controls Alpha Beta, a tax consulting firm that monitors and generates revenue on behalf of the Lagos State Government.
The ex-Alpha Beta boss had in 2020 filed a suit before the court but withdrew it before filing it a second time after making amendments.
Apara, who had in 2018, written a petition to the Economic and Financial Crimes Commission accusing Alpha Beta of tax fraud, asked the court to compel the firm to pay him his entitlements even as he alleged that Tinubu was the one that got him removed from his position as MD for investigating the firm’s finances.
Apart from Tinubu, others named as defendants in the suit included Alpha Beta and the current Managing Director, Mr Akin Doherty, who is also a former Commissioner for Finance in Lagos State.
The claimant is seeking eight reliefs including “A declaration that the 2nd defendant (Tinubu), not being a named partner of the 1st defendant (Alpha Beta), is not entitled to direct or influence the affairs of the 1st defendant in such a way that will deprive the claimant (Apara) of his profits and entitlements from the 1st defendant.
“An order directing the defendants herein, to render an account of all sums due to the claimant from the defendants, from 2010 to date (and) an order tracing all funds and assets due to the claimant from the defendants herein from the inception of the 1st defendant till date.
“An order of specific performance of Clause 8 and 11.0 of the partnership agreement that created the 1st defendant by extant partners; an order for payment to the claimant by the 1st and 3rd defendants, of all sums adjudged to be due to the claimant from the said 1st and 3rd defendants on the submission of the accounts.
“A perpetual injunction restraining the 2nd defendant (Tinubu), from directing, influencing or in any other manner running the affairs of the 1st defendant (Alpha Beta) in such a way that will deprive the claimant of his profit and entitlements from the 1st defendant (Alpha Beta), the 2nd defendant not being a partner of the 1st defendant.
“Ten per cent interest in ruling (5) above; and cost of this suit of N10m.”
In the statement of claim, Apara also narrated how Alpha Beta was allegedly formed in 2002 when Tinubu was still the governor of Lagos State.
The claimant said he was the one who came up with the idea of a consulting firm to help the state government to track and reconcile taxes.
“The claimant (Apara) avers that sometime in about the year 2000, he solely conceived, prepared and presented a proposal to the Lagos State Government on providing consultancy services using his registered firm, Infiniti Systems Enterprises, with respect to using computer technology to track and reconcile the Internally Generated Revenue of the state.
“The claimant avers that following the presentation of his proposal to the Lagos State Government, the second defendant (Bola Ahmed Tinubu) who was at the time the governor of Lagos State, demanded that 70 per cent equity interest in the project be assigned to a certain Olumide Ogunmola on his (Tinubu’s) behalf before he, the second defendat, would approve the project,” Apara said in his statement.
The former Alpha Beta boss claimed Tinubu nominated Adegboyega Oyetola and one Olumide Ogunmola.
He said due to the technological innovation that was deployed by him, the IGR of the state grew from N10bn per annum in 2002 to N300bn in 2019.
The claimant stated that in 2010 or thereabout, Tinubu directed that the incorporation structure of the Alpha-Beta Consulting Ltd be changed from a limited liability company to a limited liability partnership under a newly promulgated law in Lagos State.
He said the aim of the move was to shield Tinubu’s involvement from public scrutiny.
Apara said as the head of the company, he began looking into its finances and he made many startling discoveries such as mysterious transfers of over N20bn in different currencies to several companies.
The former Alpha Beta boss said he realised that all the payments were sanctioned by the partners nominated by Tinubu and they were done without his knowledge, contrary to the terms of their partnership.
Apara stated that Tinubu was furious that he was looking into the company’s finances and ordered that he be demoted to deputy managing partner.
He said he refused to obey this order and this led to a feud between the both of them.
No date has been fixed for the hearing of the suit.
Both Tinubu and Alpha Beta had last year described Apara’s allegations as spurious.
The company had alleged that Apara was relieved of his position because he was involved in fraud.
A statement by the firm read in part, “The fact is that Dapo Apara began making his untrue allegations in the aftermath of his removal as Managing Director of Alpha Beta for fraud and unethical practices.
“While he was MD, Apara used his position to siphon huge sums of money from the company including but not limited to fraudulently converting $5m; money allegedly used to pay for cloud-based services that were eventually discovered to be worth less than $300,000.
“In July 2018, further evidence of his fraudulent and unethical practices was uncovered, including the revelation that he converted approximately N6bn belonging to Alpha Beta to his personal use.”
Punch.
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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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