Why we accepted plea bargains from Julius Berger, Halliburton, others -Farida

There have been reports that you recovered sums of money from companies that engaged in corrupt practices in Nigeria. How did you handle the cases and how much have you recovered so far? We had Siemens. Five officials of Siemens were charged to an Abuja High Court on a 35-count charge of conspiracy and compromise […]

There have been reports that you recovered sums of money from companies that engaged in corrupt practices in Nigeria. How did you handle the cases and how much have you recovered so far?

We had Siemens. Five officials of Siemens were charged to an Abuja High Court on a 35-count charge of conspiracy and compromise of public officials. The charges arose from the bribery of Nigerian public officials amounting to approximately Euro 10 million, in order to secure telecommunication contract in Nigeria. In the process, Siemens paid a total of $40,619,261. In naira is N6,052,270,000.00. They paid this amount two weeks ago. Besides the payment, the company is to enter into good corporate compliance and transparency programme. They are also to issue a statement regretting their indiscretion and to desist from further infractions while carrying out business in this country.

We had Shell company, accused of bribing  Nigerian Customs Service officials through their agent, Panalpina World Transport, to avoid payment of Customs  duties totaling approximately  $9 million between 2002 and 2007. We initiated criminal proceedings against Shell and its officials. In December, 2010 Shell entered into a cease and desist settlement with the federal government to avoid further prosecution. Shell pays $9 million as ex-gratia payment to the federal government. It also agreed to pay $1 million as legal cost. In addition, Shell shall during one year, report to government its implementation of corporate compliance programme. Payment has also been effected.

In the case of Julius Berger, the company was charged along with other persons for conspiracy, bribery of Nigerian public officials associated with Bonny LNG project. The alleged bribe totaled $182 million. To avoid prosecution, the company agreed to pay $26 million as ex-gratia payment to federal government as a further $3.5 million as legal cost of the investigation. The company also undertook to issue a letter regretting its involvement and to comply with corporate transparency in their business in Nigeria. They have already paid.

The next company is Snamprogetti of the Netherland, Siapem Nigeria Limited. It’s one of the joint venture partners in the TSKJ consortium for the NLNG Bonny project and it was involved in $132 million bribery scandal. It was charged along with other consortium partners at the FCT High Court. It sought a settlement with the federal government. Under the terms of settlement and non-prosecution agreement signed with the government on December 10, 2010 they agreed to pay $30 million. The company also agreed to pay legal cost and other expenses of $2.5 million. It will also enter into a two-year corporate transparency programme to be supervised by three persons, one of whom is to be appointed by the federal government. The payments have been made.

There is also the Halliburton Energy Services Inc. This was one of the joint venture partners in the TSKJ consortium involved in $182 million NLNG bribery scandal. The company was charged along other joint ventures including the former Vice President of the United States, Dick Cheney, its former chief executive. It sought a settlement with the federal government to avoid further prosecution. A settlement was signed on December 11, 2010. Under the terms of settlement, the company agreed to pay $32,500,000 as ex-gratia payment. It will also pay $2.5 million as legal and other expenses. It will also implement a two-year transparency programme to be supervised by three persons, one of whom is to be appointed by the federal government. It will further issue a public statement regretting its indiscretion. The payments are being expected.

Another company involved in this plea bargain is Technipp. It was a member of the TSKJ consortium charged along with others for the NLNG bribery scandal. It has also agreed to pay the sum of $30 million as ex-gratia payment and $2.5 million as legal and other cost. Similarly, it is to implement a corporate transparency programme for two years and issue a public statement regretting its indiscretion in the matter. The payment is also being expected. In summary, we have recovered a total of $168,119,261.74, with a Naira equivalent of  over N25 billion, actually, N25,049,770,000.00.

We decided to take this option for a variety of reasons. One, this plea bargain is the latest and best practice worldwide. The US, the UK are practicing it, and where you cannot successfully sustain a charge in court and you want to recover them, instead of losing a charge, losing the money, you opt for plea bargain. We did this because of the nature of judicial system. It’s very slow. It is said that justice delayed is our justice denied, so we opted for this. Lastly, we also want to put a stop to this negative attitude of foreign investors. What they can’t do in their countries and run away with, they come here and do it with impunity. We have the Procurement Act. If they want to do business in Nigeria, they have to enquire from their embassies in Nigeria about how business is done. But because the impression is that Nigeria is so corrupt and that everybody is corrupt; there is no exception, they come in here and resort to corrupting individuals and institutions, and contracts are done haphazardly. What happened actually is that these so-called bribes that they gave out, they did so and added the money to the contract sum. The contracts were not properly executed. In the end we lost our monies. Most of the officials involved in the bribery were transferred out of the Nigeria and were even sacked by the parent bodies. They can’t come back here to assist us as witnesses. We decided to opt for this solution, warn them as deterrence to other companies doing business in Nigeria and also recover sums of money. They pay a lot of money to the American government for breaking their laws anywhere in the world, while we’re ending up with our monies being laundered outside with a bad name.

Compared to what these companies paid to their countries over these crimes, which one is higher: the fine paid in Nigeria or the one paid in America? Was it a slap on the wrist, a pittance, comparatively?

Well, we are doing this for the first time; it will get better. This thing has been hanging and no one was courageous enough to even touch it. A bird in hand is better than two in the bush. We better get something out of it than nothing at all, so we negotiated. Don’t forget that the actual culprits left the country. We have to negotiate. What the Americans got we can’t compare, but we are comfortable that a lesson has been learnt. These companies will advise potential business coming to the country that the federal government has started off and will not tolerate this sort of thing. This issue of deterrence is even more important to me than the money.

The Chinese would blacklist these companies from doing business in China, if they did what they have done in Nigeria. Would you have preferred them being barred instead of the no plea bargain?

Well, we have our laws, and we’re taking into consideration also the number of years these companies have stayed in Nigeria and the number of Nigerians they have employed. They have contributed also to the economic progress of Nigeria. Let’s take Julius Berger, for instance. If you barred them, tell me one company that can successfully take over from Julius Berger. Look at the roads they construct; look at some of their buildings. They last for a very long time. We’re looking at the interest of Nigeria.

What about Nigerian accomplices? Are they facing trials or they are also let off the hook?

The court has granted our application to arraign them on January 9, 2011. They will face trials.

Are you expecting these Nigerians to enter into plea bargain as well?

Well, plea bargain is not the best, but it’s an option. We have cases in the EFCC that have been there for over four years. Today, I saw on the television, James Dambaba and co. They were there for 12 years, the case was not completed. Some witnesses would have died; they may have forgotten the vital facts of the case. They’ll go to court at the mercy of the defence lawyers who would mess them up thoroughly during cross-examination. Half bread is better than nothing.

But do you have enough evidence to prosecute these Nigerian accomplices?

Yes, we have evidence, as much as we can.

From Americans?

I’ve already said that it is very dicey that a matter that has stayed so long to get evidence and witnesses that will come to court to come and testify, or the actual people that were involved directly. You can’t ask ‘A’ who has replaced ‘B’ if he knows the man. He will say he has never seen him in his life. We’re saying the deterrence effect is much more than the money.

There is this case involving former Vice President Atiku Abubakar in which the US Senate is said to have written a damning report. When the report was written he was vice president and had immunity. Are you going to invite him to answer questions based on the allegations in that report?

Which report is that?

US Senate report?

I have not read any report from the US Senate. I have not seen it.

If you are given a copy of it would you invite him for questioning?

When we get to the bridge we’ll cross it.

Closely related to that is the case of some of your suspects who are aspiring to leadership positions in 2011. What is the position of the Commission on this?

The position of the Commission is that we have arraigned them; they’re standing trial in courts. It is left to the political parties, the Nigerian voters to think twice. The criminal aspect is what we have done. We didn’t hide anything; we arraigned them; it’s in public domain that they are standing trial. The cases are on. That is as best as we can do. We have asked for special courts for speedy trials, but nobody listened to us. If Ghana has special courts; South Africa has special courts, there is no reason why we shouldn’t have special courts in Nigeria. The giant of Africa doesn’t have special courts, yet we complain that corruption is endemic. Someone is standing trial for four years and his posters are everywhere that he wants to be governor, senator, etc. Whose fault is that? It’s Nigerians, who are so docile and cowardly.

What are we benefitting as a nation from the conviction of Chief James Ibori’s wife, sister and former aides in London?

At the end of the trial, we’ll have great cooperation with the MET police. We’re talking, some of our men had earlier flown out to London to go and testify. Some of those who couldn’t travel will testify here in Nigeria. The testimonies were tendered in court and accepted over there, and our cooperation will continue in future cases. We had filed a 170-count case that was quashed in Delta State. We went on appeal in this case. There we attached some assets that we could lay hands on. If they are out there, they’re part of the assets we’re gunning for. At the end of the trial we’ll talk about the asset and what belongs to us.

We understand that Chief Ibori has appealed to the Supreme Court in Dubai. Are you playing any role in this case?

Well, we are working with MET Police in London, not the police in Dubai. We are waiting for the outcome of the trial in London. If there’s anything they want us to do, in terms of more evidence or more documents, we’ll oblige them.

This is the end of 2010. What were the high points in this year for EFCC?

I feel that we achieved a lot this year. We had the high profile case of Mrs Cecilia Ibru. Believe me, I think it was a ground-breaking case. For various reasons, I wouldn’t want to tell you. But she was a very powerful woman. In a single recovery, we got N191 billion! A lot of people are saying, why didn’t she go to jail for many years. But look, whether you went to jail for one day, it’s a record forever, except you are pardoned by the Federal Government of Nigeria. Then you forfeited a lot of things, like N191 billion from one person! Another big breakthrough is the case of the multinationals. I’m very happy.

When Cecilia Ibru was convicted, did you enter your bedroom to secretly shed tears that a hard working woman like you was parting with so much money and was being put in jail?

No. How can I do that? I can’t cry. Really I felt pains that why should anyone go to that extent. If you have thrifty hands, you can pray to your God to help you. Involving the children was really something bad. I felt that she was a woman I used to respect a lot; it’s like a dream. What did she need those assets for? That’s why I said we need to examine the heads of some people. If you are stealing what you don’t need, then something is wrong with you. I went to South Africa, and they showed me some Nigerian houses. Some of them looked like haunted homes which were built by the white but had to abandon them. They are massive homes with big gardens, swimming pools, all sorts of facilities. They’re so massive that I can’t imagine myself sleeping there one night alone. It’s like haunted cathedrals, but Nigerians will buy them and claim there are investments. If they travel to South Africa, they lodge in hotels because they are afraid to live in those houses. If it is during winter in America, they can’t heat them. But they buy those houses and call it investment at the expense of the common, ordinary Nigerians.

Apart from Ibru, we learnt that other bank chiefs are going to enter into plea bargain?

The trials are ongoing, and we’ll welcome any bank chief who wants to do plea bargain, because, at least, we’ll get a conviction and everybody will know that there was a conviction.

You’ve spent two years here now. Are you facing any frustration from government?

President Goodluck Jonathan has said it many times in Nigeria and abroad that he is serious about the fight against corruption. It is under him that we got insurance scheme for our staff; and we got a new salary scheme for our staff. We have hazard allowance, and the mother of all of them! You see where we are surrounded by skyscrapers, homes etc. You can’t find this kind of organization anywhere. In other places it should be secluded. He has approved a befitting building for us together with a first class world laboratory. We don’t have that. But, of course, we have challenges from others. You recall, when I was coming, it was tumultuous. There were groups that said I would not be appointed, and they have never stopped since then. They couldn’t believe it. They gave me three months, later six months. They never stopped for one second; undermining me and publishing falsehood, writing petitions against me. One time my daughter was crying in London after reading a soft-sell which said I had been banned from the United States for money laundering and corruption. The next month, I was invited to the US to meet the Under Secretary for Democracy and Global Affairs, Maria Otero. I went, had a meeting in Washington DC… They’re still very much around.

Why are you not discouraged? Is it become of the huge income from EFCC?

It’s not because of what I’m earning. I think it’s divine. I hate corruption. When I was fighting 419, I got acid threats; when going to work I would find a pot with a dead chicken on it; they’ve even fired explosives on the roof of my house. But I did the job. When they set up EFCC, and I was called to bring my CV, they said I had the quality and experience needed, but in the end, I didn’t get the job. I went away with my husband who was an ambassador in Turkey for three years. When I came back, I was told government wanted to enlarge the EFCC board and that I should submit my CV to be appointed as a board member. But when it was my CV they picked and said I should be the chairman. I thought it was divine. It’s not every time that you finished a job and you are called back to serve.

Recently, it was reported that you were going to resign?

That, again, was the work of the enemies. They will put a story in the newspapers about me and then react to it. They also said, let her resign. I never dreamt I would last on this seat for two years. That’s why I celebrated my two years. Any the day God says my time is up, I will pick my things and leave. Some of those who wanted me sacked are doing so for personal interest.