FeaturedHighlightOil & GasTop Story

Seplat/ExxonMobil $100m Bribery Gate: Heads may roll as Pres. Buhari orders investigation.

717

A $100 million bribe shared among top officials to secure the Federal Government’s botched approval in the share acquisition deal between Seplat Energy Plc and Mobil Producing Nigeria Unlimited (MPNU) has been uncovered, Persecondnews can authoritatively report.

The $100 million, it was gathered, was allegedly given to bribe some top government officials with a view to compromising the process leading to the point where the purported approval was announced on Monday by President Muhammadu Buhari.

Apparently embarrassed by the bribery scandal rocking the government, Persecondnews learnt that Buhari might have directed the Department of State Service (DSS) to investigate the matter.

In February 2022, Seplat Energy Plc. had announced an agreement to acquire the entire share capital of Mobil Producing Nigeria Unlimited from Exxon Mobil Corporation, Delaware for $1.28 billion.

The transaction entails the acquisition of ExxonMobil Nigeria’s entire offshore shallow water business.

According to the deal, ExxonMobil Nigeria’s shallow water business is an established, high-quality operation with a highly skilled local operating team and a track record of safe operations.

A pre-emptive right over the assets had been secured by the Nigerian National Petroleum Company Ltd while it has also in July won a court decision temporarily blocking Exxon Mobil Corporation from selling assets in Nigeria to Seplat Energy Plc.

Persecondnews also recalls that a federal high court judge in Abuja had granted NNPC an “order of interim injunction” on July 6, 2022, barring Exxon Mobil “from completing any divestment” in a unit that ultimately operates four licenses in Nigeria.

Despite the court’s verdict, a report had emerged on Monday that President Buhari had approved that the deal should be consummated by Mobil and Seplat.

The Presidency’s announcement of the approval of the deal came as shock to many industry players because the transaction had initially been declined on July 5 this year by the President who doubles as the Minister of Petroleum Resources and assisted by Chief Timpre Sylva as Minister of State.

Industry sources alleged that there had been underground moves by sponsors of the share purchase transaction to get approval for the deal, after it was declined by the government.

The sources also insisted that the approval by the Presidency was not in conformity with the provisions of the Petroleum Industry Act 2022 which gives the sole authority to the Nigeria Upstream Petroleum Regulatory Commission (NUPRC).

“The President has no power to unilaterally approve the transaction except on the recommendation of the Commission. So, under what recommendation is the approval based on?

“What the President approved is more or less a request probably from Seplat and not a recommendation from the Commission.

“The President’s attention had been intimated that the NNPC had already gone to court and get a temporary stay of execution. So, he now waived the approval which more or less affirmed the first decline that was given last month which invalidated this approval that Seplat claimed they have.

“We are aware that the promoters of this Seplat deal have been going around moving funds to whoever is willing to work for them to secure approval.

“In fact, I am aware that $100m has been sunk into this process of securing approval and we believe what happened yesterday may be a fallout of that. It is wrong for the State House to have issued that because they should be conversant of the PIA,’’ the sources were quoted as saying.

Section 95, sub-section 10 of the PIA Act states: “Where the application for an assignment or a transfer of a petroleum prospecting license of petroleum mining lease is refused, the commission shall inform the applicant of the reasons for the refusal and may give reasonable time within which further representations may be made by the applicant or by third parties in respect of the application.”

Sub-section 14 of Section 95 also states: “For the purpose of this section, change of control means any person or persons acting jointly or in concert, to acquire direct or indirect beneficial ownership of a percentage of the voting power of the outstanding voting securities of the holder, by contract or otherwise, that exceeds 50 per cent at any time.”

Similarly, sub-section 15 states: “A holder of a petroleum exploration license shall not assign, novate or transfer his license or any right, power or interest without prior written consent of the Commission.”

Also, Section 95, sub-section 8 states: “Where the consent of the minister is granted in respect of the application for a transfer, the Commission shall promptly record the transfer in the appropriate register.”

Sub-section 9 adds: “The Commission shall communicate the refusal or approval of an application for an assignment, novation or transfer of a license or lease in writing to the applicant.”

NUPRC had in a statement on August 8, 22 reaffirmed that its decline to the acquisition deal between Seplat Energy Plc. and Exxon Mobil Corporation has not been reversed.

It stated that the issue at stake is purely a regulatory matter, adding that the Commission had earlier communicated the decline of Ministerial assent to ExxonMobil in this regard.

The statement said following the decline of ministerial approval, the status quo must remain.

“The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) affirms that status quo remains in respect of ExxonMobil/Seplat Energy share acquisition.

“The Chief Executive of the NUPRC Engr. Gbenga Komolafe clarified that the Commission in line with the provisions of the Petroleum Industry Act 2021 is the sole regulator in dealing with such matters in the Nigerian upstream sector.

“As it were, the issue at stake is purely a regulatory matter and the Commission had earlier communicated the decline of Ministerial assent to ExxonMobil in this regard. As such the Commission further affirms that the status quo remains.

“The Commission is committed to ensuring predictable and conducive regulatory environment at all times in the Nigerian upstream sector,’’ said the statement.

Industry watchers and experts have hailed the decision of NUPRC to stand up to its regulatory function as contained in the PIA.

They lauded NUPRC’s standoff and resistance to political pressure to endorse illegality, pointing out with the defense of its constitutional mandate, Nigeria is now ready to conduct businesses in the oil and gas sector in a transparent manner and in line with international best practices as stipulated in the PIA.

Read Also: Presidential approval for Seplat’s acquisition of Exxon Mobil shares not true, says…

Leave a comment

Related Articles

Pres. Tinubu accepts spokesman, Ngelale’s resignation

The Presidency on Saturday accepted the memo by Chief Ajuri Ngelale, President...

NNPC Ltd. signs partnership deal with China Engineering Corporation for power project funding

The Nigerian National Petroleum Company Ltd. (NNPC Ltd.) has signed a deal...

FG plans blood donation centres in 774 LGAs

The Federal Government has announced plans to create a network of blood...

NNPC Ltd. to MURIC: Global market forces, not NNPC, drive petroleum product pricing

“NNPC Ltd. has no desire or intention to become the distributor for...

Breaking: Ajuri Ngelale, Pres. Tinubu’s spokesman, resigns

Ajuri Ngelale, the Special Adviser to President Bola Tinubu on Media and...

Fuel price hike: Hard economic decisions aimed at improving living standards – Tinubu

President Bola Tinubu has assured Nigerians that his administration’s recent fuel price...

Canadian police receive 53 vehicles, $180,300 stolen funds from EFCC

The Economic and Financial Crimes Commission (EFCC) handed over 53 recovered vehicles...

Akinkunmi, designer of Nigerian flag, laid to rest one year later

Mr. Taiwo Akinkunmi, the creator of the Nigerian flag, has been buried...

Ex-Gov. Tambuwal’s aide remanded in custody until Sept. 18 over social media posts on Sokoto Gov, wife

Following allegations of posting false claims about Gov. Ahmad Aliyu and his...

Kenya primary school fire: Dormitory destroyed, 17 pupils dead

At least 17 children died after a fire ripped through their primary...

Edo 2024: Appeal court upholds Ighodalo’s candidacy, dismisses Esene, Ojezua’s suit

The Court of Appeal in Abuja has dismissed an appeal by Arthur...

Emefiele’s forfeited assets: Court fixes Sept. 12 for hearing

Justice Deinde Dipeolu of the Lagos Federal High Court has set September...

PMS Prices are Determined by Free Market Forces – NNPC Ltd.

The Nigerian National Petroleum Company Limited (NNPC Ltd) has explained that unrestricted...

Police take into custody suspected killer of abducted FUNAAB female student

The Lagos State Police Command says it has taken over the case...

Oyo Gov. Makinde’s associate abducted from his home in Ibadan

The Oyo State Police Command has confirmed the kidnapping of Mr. Benedict...

Just in: Two-storey building collapses in Kano, leaves two dead, others injured

The National Emergency Management Agency (NEMA) confirmed on Thursday that two lives...

China-Africa Summit: China’s Xi Jinping pledges $50bln to Africa, expands military ties

China’s President Xi Jinping says he has committed $50 billion in financial...

FG imposes emergency measures at Onne port over arms importation

Due to the ongoing problem of dangerous cargo, including weapons and ammunition,...

State police: NEC gives four states, FCT Sept. 9 deadline to submit reports

The National Economic Council (NEC) has given four states—Kwara, Sokoto, Kebbi, and...

Flood: NEC gives states ultimatum to submit inventory of destruction, reconstitute committee

The National Economic Council (NEC) meeting on Wednesday, presided over by Vice...