Unpaid Taxes: FG Files Charge Against Seplat Petroleum

The Federal Government of Nigeria has filed a five count charge of failure to pay the statutory stamp duty of $37,581,083.40 against Seplat Petroleum Development Company Limited and 12 officials of the company.

In the five count charge filed before the court by the combined team of prosecutors from the Litigation & Prosecution Department of the Federal Inland Revenue Service, FIRS, pending before a Lagos Federal High Court, it was stated that Seplat Petroleum Development Company Limited and 12 of its officials namely: Roger Brown, Samson Ezugworie, Eleanor Adaralegbe, Effiong Okon, Ayodele Olatunde, Obi Ada Itotoi, Pius Ozoemenah Udeh, Edith Owuchekwa, Chioma Yvonne Afe, Okechukwu Mba, Alasdair Mackenzie and Steve Ojeh, sometime in 2010, in Nigeria did purchase a participating interest in the producing assets of OML 4, OML 38 and OML 4I and failed or evaded to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the sum of $37,581,083.40 (Thirty seven million, five hundred and eighty one thousand, eighty three dollars and forty cents only) a sum due and payable to the Federal Republic of Nigeria in so doing, committed an offence, contrary to S. 23 of the Stamp Duties Act and punishable under S.111 and 112 of the Stamp Duties Act (as amended).

The defendants were also alleged to have counterfeited the seal of the Commissioner of Stamp Duties by inserting same on the purchase agreement of OML 4, OML 38, and OML 41.

Meanwhile, 28th of February has been fixed for the trial of the case.

The charge as filed before the court by combined legal team of Federal Inland Revenue Service:

CARGE NO: FHC/L/ 982C/24 BETWEEN FEDERAL REPUBLIC OF NIGERIA: COMPLAINANT AND DEFENDANTS

1. SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD

2. ROGER BROWN

3. SAMSON EZUGWORIE

4. ELEANOR ADARALEGBE

5. EFFIONG OKON

6. AYODELE OLATUNDE

7. IBI ADA ITOTOI                                      8. PIUS OZOEMENAM UDEH

9. EDITH ONWUCHEKWA

10. CHIOMA YVONNE AFE

11. OKECHUKWU MBA

12. ALASDAIR MACKENZIE

13. STEVE OJEH

COUNT 1:

That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 and OML 4I and failed or evaded to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the sum of $37,581,083.40 (Thirty seven million, live hundred and eighty one thousand, eighty three dollars and forty cents only) a sum due and payable to the Federal Republic of Nigeria in so doing, committed an offence, contrary to S. 23 of the Stamp Duties Act and punishable under S.111 and 112 of the Stamp Duties Act (as amended).

COUNT 2:

That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE,EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE.OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 and OML 41 and did unlawfully and willfully evade the payment and remittance of duties, fines, penalties and debts due to the Government of the Federation imposed on the executed Purchase Agreement to acquire Oil Mining Lease 4, 38 and 41, in the sum of $37,581,083.40 (Thirty seven million, five hundred and eighty one thousand and forty cents only) and in so doing, committed an offence, contrary to and punishable under S. 111 and 112 of the Stamp Duties Act (as amended).

COUNT 3:

That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38 the executed Purchase Agreements and the accruing interest in the sum of S eighty three dollars and forty cents only), a sum due and payable to the Federal Republic of Nigeria and in so doing, committed an offence contrary to and punishable under S. 32 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

COUNT 4:

That you SEPLAT PETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA, ALASDAIR MACKENZIE and STEVE OJEH, sometime in 2010, in Nigeria and within the jurisdiction of this Honorable Court, did purchase a participating interest in the producing assets of OML 4, OML 38and OML 41 and failed or evaded to pay the statutory stamp duty imposed on the executed Purchase Agreement and the accruing interest in the sum of $37,581,083.40 (thirty seven million1, five hundred and eighty one thousand, eighty three dollars and forty cents only a sum due and payable to the Federal Republic of Nigeria in so doing, committed an offence, contrary to and punishable under S.40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

COUNT 5:

That you SEPLATPETROLEUM DEVELOPMENT COMPANY LIMITED, ROGER BROWN, SAMSON EZUGWORIE, ELEANOR ADARALEGBE, EFFIONG OKON, AYODELE OLATUNDE, IBI ADA ITOTOI, PIUS OZOEMENAM UDEH, EDITH ONWUCHEKWA, CHIOMA YVONNE AFE, OKECHUKWU MBA and STEVE OJEH on or about 2010 in Nigeria and within the jurisdiction of this Honorable Court, did counterfeit the seal of the Commissioner of Stamp Duties by inserting same on the purchase agreement of OML 4, OML 38 and OML 41, for the purposes of verification relating to the taxes thereat and thereby committed an offence, contrary to S.43 (c) and punishable under S.43 ( c) of the Federal Inland Revenue Establishment Act 2007 (as amended).