Roger Brown
By Our Reporter
Seplat Energy Plc and 12 senior executives of the company are facing legal action by the Federal Government over alleged tax evasion totaling $37.5 million.
The 12 executives named in the lawsuit are: Roger Brown (CEO), Samson Ezugworie (COO/EDO), Eleanor Adaralegbe (CFO/ED), Effiong Okon (MD, ANOH Gas), Ayodele Olatunde (MD, Seplat West), Obi Ada Itotoi (MD, Seplat East), Pius Ozoemenah Udeh (MD, Elcrest), Edith Onwuchekwa (Company Secretary), Chioma Yvonne Afe (Director of External Affairs), Okechukwu Mba (Director of New Energy), Alasdair Mackenzie (Director of Strategy & Planning), and Steve Ojeh (Director of Corporate Services).
In a lawsuit filed before the Federal High Court in Lagos (Suit No: FHC/L/ 982C/24), the Federal Inland Revenue Service, FIRS, representing the federal government, alleges that Seplat Petroleum and the 12 officials, in 2010, acquired a participating interest in the oil assets of OML 4, OML 38, and OML 41, but failed to pay the required stamp duty on the Purchase Agreement. The amount owed, including interest, is said to be $37,581,083.40.
The FIRS claims that by avoiding this tax, Seplat Petroleum and its executives violated Section 23 of the Stamp Duties Act, and could face penalties under Sections 111 and 112 of the Act (as amended).
The company and its officials are also accused of falsifying the seal of the Commissioner of Stamp Duties, using it on the purchase agreements for OML 4, OML 38, and OML 41.
The five-count charge filed before the court by the FIRS against Seplat Petroleum and its officials are:
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 $37.5 million 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 $37.5 million 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 thepĺ sum of $83, 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 $37.5 million 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 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, and Steve Ojehon 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).
The matter has been fixed for February 28 for trial.
