Wednesday, July 07, 2010

(ALLAFRICA, THIS DAY) Nigeria: Is Halliburton Bribery Case Dead?

Nigeria: Is Halliburton Bribery Case Dead?
27 June 2010

Lagos — With the Economic and Financial Crimes Commission (EFCC) getting more active and showing greater courage, the impression that there are still fat, sacred cows strutting the grazing field of corruption is disappointing.

As the Commission vigorously investigates the Siemens bribery scandal with the interrogation of some highly placed Nigerians, it is a mockery of justice that it has no-go areas in the investigation and prosecution of perpetrators of financial crimes and corruption-related cases.

One would have expected the Commission to handle the high-profile Halliburton bribery case with its renewed vigour. But no, the Commission said last week that it would not revisit the controversial case unless it is so directed by the Presidency.

The Commission initiated the investigation of the case and had progressed it steadily, but its spokesman said it is a no-go area because " a Presidential Committee headed by the office of Inspector-General of Police is now in charge."

The late President Umaru Yar'Adua set up a Presidential Committee in 2007 to take the case off the EFCC. The Committee headed by the then Inspector General of Police, has EFCC Chairman, and representatives of the National Security Adviser, State Security Service and National Intelligence Agency as members.

Its terms of reference, among others, are "to establish the extent of involvement or culpability of any Nigerian in the bribery scandal and the sums of money allegedly paid out to any person in Nigeria by Halliburton as bribes in respect of the Bonny LNG Project; and to liaise with the Swiss authorities with a view to tracing and recovering any sum stashed in Swiss banks for the benefit of those involved in the Bonny Liquefied Natural Gas Project bribery scandal."

Between then and now, while many Nigerians have been sentenced to jail or have been kept behind bars to await trials over far lesser offences; while various reports have revealed Nigerians suspected to be involved in the scandal, nothing seems to be happening.

The bribery scandal began in 1994, when the NLNG board under the chairmanship of MD Yusuf, opened bids for the award of contract for the Liquefied Natural Gas Project in Bonny, Rivers State. A consortium of four companies - Technip of France, Snamprogetti , a subsidiary of ENI SPA of Italy; Kellog of the United States later known as KBR and Japan Gasoline Corporation, which was registered as TSKJ, bid for the contract with BCSA. TSKJ is a subsidiary of Halliburton. TSKJ subsequently won the contract for $1.8 billion in September, 1994.

However, the lid over the bribery scandal that influenced the contract award to TSKJ was blown open in June, 2003. Further investigation into the Nigerian deal was opened in France in October, 2003, where it was deposed at the hearings that Jeffrey Tesler, a 60-year-old British lawyer, was the intermediary between Halliburton and the Nigerian government, who channelled the bribery money through Tri - Star Investment Limited owned by him.

All that is public knowledge now! Also of public knowledge is Tesler's confession in court that the payments he made included two transfers amounting to $75,000 to Yusuf, then chairman of the LNG, that awarded the original contract to the consortium. His testimony showed that the bribe was used to secure Yusuf's support in facilitating a meeting between TSKJ officials and the late Sanni Abacha.

Why Nigeria should dilly-dally with such a high profile case, with a big impact on the country's image and its attraction as an investment destination, has become a sad statement on its anti-corruption efforts.

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Thursday, April 16, 2009

Nigeria to prosecute officials in KBR bribery case

Nigeria to prosecute officials in KBR bribery case
Written by Felix Onuah
Thursday, April 16, 2009 2:49:43 PM

ABUJA (Reuters) - Nigeria's Justice Minister said on Thursday it will prosecute any Nigerian official found to have taken bribes from former Halliburton Co unit KBR Inc in a decade-long scheme to secure $6 billion in contracts.

KBR, the former engineering subsidiary of Halliburton, pleaded guilty in February to charges it paid $180 million in bribes to Nigerian officials.

Justice Minister Michael Aondoakaa said he will ask President Umaru Yar'Adua to form a special federal committee of officials from security and anti-graft agencies to investigate the bribery accusations.

"We are going to constitute a committee ... that will be charged with the responsibility of gathering information," Aondoakaa told reporters.

"If the quality of information we receive internally is sufficient for us to commence prosecution, we will commence prosecution," he added.

The committee will include representatives from the police, the Economic and Financial Crimes Commission, the National Intelligence Agency and the State Security Service.

KBR admitted at a court in Houston in February to paying bribes to high-ranking Nigerian officials between 1994 and 2004 to secure four contracts for a KBR joint venture to build and expand Nigeria's Bonny Island liquefied natural gas terminal.

The charges against KBR include allegations that senior executives met with "three successive holders of a top-level office in the executive branch of the government of Nigeria" and negotiated the amount of bribes to be paid.

The period covered by the charges fall under the administration of former military ruler Sani Abacha, Abdulsalami Abubakar and Olusegun Obasanjo.

Nigeria has asked the United States for the names of the Nigerian officials accused of taking the bribes.

"This process depends on the cooperation we have from the U.S. government," Aondoakaa said.

Albert "Jack" Stanley, a former KBR chief executive, pleaded guilty last September to charges stemming from the Nigeria bribes and agreed to cooperate with U.S. investigators.

Aondoakaa said Stanley has also agreed to help Nigerian officials.

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