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MUST READ!!! The many Implications for Nigerians Named in Panama Papers

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10 years ago

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As in the era of WikiLeaks, the world has once again been rattled by revelations about leaked information on secret accounts and other holdings of influential people around the globe.
The Panama papers are documents that were leaked by consortium of investigators across continents, after they hacked the database of shell companies that were lodged in an enforcer’s records.
In this kind of issue, it is usually predictable to find Nigeria on the list. It was, therefore, not surprising when, within days of the leakage, some serving public officers, and other retired ones, as well as oil moguls from Nigeria were named among those on the list.
Facilitator of the hidden interests and companies for Nigerians and other world leaders in British Virgin Island, as shown by the leaked database of Mossack Fonseca, a Panamanian law firm, has brought grey hairs to some Nigerian public officers and has elicited denials and staccato statements from others.

So far, those named in the documents are; the former governor of Delta State, Chief James Ononefe Ibori, who is serving term in a London prison; embattled Senate President, Senator Bukola Saraki, currently having his time in court on charges that border on alleged false asset declaration; former military General and predecessor to Saraki from Benue State, Senator David Mark; and retired Army General and oil mogul, T. Y. Danjuma. Also on the list are; the world’s richest Blackman, according to Forbes, Alhaji Aliko Dangote and his business partner, Sayyu Dantata. Their names featured as operators of shell companies.

The question has been if it is an offence to register an offshore company in a tax haven. What are the implications if a public office holder has such interest, and what the Nigerian law has to say about it. Also of interest, is how such a holding can affect a non-public office holder. Tax havens are described as places where the influential can engineer their holdings in a sub-surface manner that takes attention off them and their investments. In the process, since such holdings are usually not directly linked to them, taxes that are supposed to be paid from such earnings are usually not paid and are, instead pocketed by the operators of the company.

Directors are appointed to hold forth within short periods, which the laws of incorporation in such places, mostly remote and small islands, allow till attention shifts and then they bring in those to run the company and operate without the extant laws of their home country and, where they can, navigate the laws of their hosts to take all profits without paying full or any taxes.
Interestingly, lawyers who spoke to THISDAY on the issue were in agreement on the central issues of the leaked papers, though with different angles of explanation.
While Chief Abiodun Owonikoko, SAN, a Lagos-based Lawyer agreed with Mr. Onuoha Kalu, an Abuja-based lawyer on the fundamental that there was no law banning the operation of an offshore company in a tax haven, they however pointed out that it would become an issue if a political or public office holder was involved.
Owonikoko said that, “There is no law banning a public officer from being a shareholder in a foreign company but the officer has to declare his interest fully in it. This is because he pays tax from his salary under the Pay As You Earn PAYE while the shareholding in foreign company also brings in dividends in hard currency which has to be paid into a foreign account that the officer is forbidden from operating.

“The real issue will be when the officer fails to fully disclose such interest and what accrues from it. It affects both political office holders and private sector operators when they fail to pay their taxes correctly. To the political office holders, such offence as under-declaration of assets and tax evasion could be established while the private sector operator could be guilty of tax evasion.”
To him, Iceland’s Prime Minister, Sigmundur David Gunnlaugsson, who has already resigned, because he was named in the leaked papers, may have done so out of moral burden and not necessarily for fouling any law unless there were other facts available to him to have prompted that. In Nigeria, however, resigning from ones position based on such leaks is rare.
Kalu, who sees Nigeria as a “tax haven or sorts” since the country was not strict on ensuring filing of tax returns yearly, submitted that while having shares in offshore companies in tax haven was not an issue, lack of full disclosure on interests in such havens could pose a legal problem.

“Lack of declaration of interest or lack of full disclosure fouls the law on asset declaration for political and public office holders and comes with issues of paying the correct tax. To those in the private sector, it would be a problem when tax is either evaded or avoided. It is evaded when someone who should pay tax does not do so, and avoided when mechanisms are creatively applied either to pay less than one should or not pay at all,” he explained.

How it affects those named

Ibori: Allegedly working through a Swiss asset management firm, Clamorgan S.A. in Geneva, Ibori established several offshore companies, including Stanhope Investments Limited, Julex Foundation and The Hopes Trust, enlisting himself, his wife and daughters as beneficiaries. Ibori allegedly cooked transactions and even tried to obtain loans using some of the shell companies. He was later stopped and tried, before what appeared like a failed plea bargain landed him in jail in the United Kingdom. Most of the assets linked to him have relations and children as holders of interest in the companies. He was a governor and political office holder; so if it is proved that he had interests in such offshore companies without declaring them in his asset declarations, he may still face the law since time does not run against federal offences. His could be failure to fully declare his assets, as well as tax evasion.

T.Y. Danjuma: The retired general and former Defence Minister was named in Panama papers as a user of offshore companies. The Mossac Fonseca files exposed his interest in Eastcoast Investments Inc, allegedly incorporated in Nassau, in the Bahamas. An online medium, Premium Times reported that aside Danjuma running such shell interests, he was fingered among global personalities found to maintain secret accounts, operated with codes, with the Swiss branch of banking giant, HSBC. “He was linked to HSBC account 15731CD, which was opened in 1993 and closed in 2001,” the medium said. If he was earning dividends and profits from such companies and did not pay his taxes accruing from them, he may have fouled tax laws and may be charged. Also, if such foreign accounts were being run when he was still in the Army or as minister, then it may mean trouble for the big fish.

Mark: No fewer than eight companies were reportedly linked to David Mark and they are: Sikera Overseas S.A, Colsan Enterprises Limited, Goldwin Transworld Limited, Hartland Estates Limited, Marlin Holdings Limited, Medley Holdings Limited, Quetta Properties Limited, and Centenary Holdings Limited.  However, Section 6 (b) of the Code of Conduct Act provides that a public office holder shall not, “except where he is not employed on full-time basis, engage or participate in the management or running of any private business, profession or trade. If the companies linked to him were not declared in his asset declaration form, which requires that interests of your agents, nominees and trustees must be disclosed, he may be put in the dock for false asset declaration while failure to pay taxes from such companies may earn him another tax evasion or avoidance charges, depending on the results of the investigations. He has already denied complicity in running the shell companies, insisting that he had looked through the document without seeing anything linked to him and has even threatened legal action.

Saraki: He is majorly linked on issues bothering on hidden interests of his wife, Toyin, whose holdings in some companies, he failed to declare in full. There are at least four of such offshore assets listed under his wife’s name. The assets include, a property in London’s plush Belgravia neighborhood, two companies registered in the British Virgin Islands and a third in the Seychelles. The hidden property is said to be located at #8 Whuttaker Street, Belgravia, London SW1W 8JQ. It has title number NGL802235. He was, however, silent on the number of shares the former first lady had in Haussmann and Tiny Tee (Nig) Limited, among others. It will only further his charges at the Code of Conduct Tribunal where he is already contesting allegations of false asset declaration. If it is proven that he had undisclosed interests, more charges could be filed or fortified, while issues of tax payment may also be introduced.

Dangote and Dantata: Dangote is reported to be one of the most prominent clients of Mossack Fonseca, with 13 Shell Companies registered by the firm directly linked to persons and companies connected to the billionaire and his allies. Dangote and Sayyu Dantata, the founder of MRS Holdings, which bought Chevron-Texaco’s with equal shares of 12,500 each from OVLAS S.A, a Shell Company registered in Seycheles, a well-known tax haven used by businessmen and politicians and celebrities. On the same date also, a company they both own as at 2003, MRS Oil and Gas Co. Limited, bought 25,000 shares from OVLAS S.A. If the law can get at people of Dangote’s stature in Nigeria, then issues of tax evasion might be pressed against him, aside from the law looking at the manner of takeover of companies, whether they comply with extant provisions.

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Sahara weekly online is published by First Sahara weekly international. contact [email protected]

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Bank

Fidelity Bank grows gross earnings by 38% to N434.95b in Q1

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1 week ago

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May 27, 2026

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Fidelity Bank grows gross earnings by 38% to N434.95b in Q1

 

Fidelity Bank Plc recorded 37.9 per cent growth in gross earnings to N434.95 billion in first quarter 2026 as the international commercial bank continued to expand its core banking market share.

 

Interim report and accounts of Fidelity Bank for the three months ended March 31, 2026 released at the Nigerian Exchange (NGX) showed that gross earnings rose from N315.42 billion in first quarter 20025 to N434.95 billion in first quarter 2026, representing an increase of 37.9 per cent.
The top-line performance was driven by impressive growth in the bank’s core business operations with interest incomes rising by 22.8 per cent to N314.48 billion in first quarter 2026 as against N256.10 billion in first quarter 2025.

 

With net interest income at N180.97 billion, the bank closed the period with profit before tax of N92.48 billion. After taxes, net profit stood at N74.47 billion for the three-month period. Earnings per share remained high at N5.69, underlining the capacity of the bank to reward its shareholders.

 

 

The balance sheet of the bank also emerged stronger. Total assets crossed the N11 trillion mark to N11.35 trillion by March 2026 compared with N10.46 trillion recorded in December 2025. Customers’ deposits increased from N6.89 trillion to N7.38 trillion. Total equity rode on the back of earnings growth to a 27.5 per cent increase from N1.09 trillion in December 2025 to N1.39 trillion by March 2026.

 

 

The first quarter 2026 results further consolidated the strong earnings outlook of the bank, which had successfully completed its recapitalisation amidst impressive earnings performance in 2025.
Fidelity Bank had recorded double-digit growths in interest and non-interest incomes as well as key balance sheet items during the year ended December 31, 2025.

 

 

The audited report showed that gross earnings rose from N1.04 trillion in 2024 to N1.52 trillion in 2025, an increase of 45.6 per cent. Interest and similar incomes had grown by 38.7 per cent from N803.1 billion in 2024 to N1.11 trillion in 2025. Fees and commission incomes also rose by 44.7 per cent from N78.4 billion to N113.4 billion. The bank recorded net profit after tax of N242.4 billion in 2025.

 

 

The bank’s balance sheet emerged stronger with total assets rising by 18.6 per cent to N10.46 trillion in 2025 as against N8.82 trillion in 2024. Customer deposits increased by 16.1 per cent from N5.94 trillion to N6.89 trillion, reflecting continued franchise strength and an improved funding profile. Net loans and advances meanwhile declined by 2.4 per cent to N4.28 trillion in 2025 as against N4.39 trillion in 2024, attributable to customers paying down on their mature obligations.

 

 

The bank had in 2025 strengthened its capital position, with eligible capital rising to N561 billion, above the regulatory minimum of N500 billion for banks with international authorisation. In addition, capital adequacy had remained robust, with Capital Adequacy Ratio of 30.94 per cent by December 2025 as against 23.47 per cent by December 2024.

 

Managing Director, Fidelity Bank Plc, Dr. Nneka Onyeali-Ikpe, said the first quarter 2026 results reinforced the bank’s strong and resilient business model.

 

She noted that with the remarkable success of its recapitalisation programme and continuing expansion, Fidelity Bank has entered a new era of growth and impressive returns.

 

“We are on a stronger footing and confident that we will set new growth records that are reflective of our legacy and the future we are working on,” Onyeali-Ikpe said.

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Dangote Refinery Ends Nigeria’s Era of Fuel Import Dependence, Boosts GDP, FX Earnings — EIU

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1 week ago

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May 26, 2026

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NLC Commends Dangote Refinery, Urges FG to Sell Adequate Crude in Naira to Reduce Fuel Prices

Dangote Refinery Ends Nigeria’s Era of Fuel Import Dependence, Boosts GDP, FX Earnings — EIU

The operational ramp up of the 650,000 barrels per day Dangote Petroleum Refinery & Petrochemicals is fundamentally reshaping Nigeria’s downstream oil sector, significantly reducing the country’s dependence on imported refined petroleum products and strengthening its external position, according to the Economist Intelligence Unit (EIU).

In its latest assessment on Nigeria’s fuel market and regulatory environment, the EIU said the refinery has already transformed a sector that was previously characterised by heavy reliance on imported fuel despite Nigeria being Africa’s largest crude oil producer. The report noted that the refinery met nearly 80 per cent of domestic petrol demand in April and produced enough volumes to satisfy local consumption requirements as operations approached full capacity.

The EIU described Nigeria’s downstream petroleum sector before the refinery as “long dysfunctional”, noting that the country had remained almost entirely dependent on costly imported fuel while producing nearly 1.5 million barrels of crude oil daily.

According to the report, the emergence of the refinery has reduced import dependence, improved domestic fuel availability and strengthened Nigeria’s balance of payments position through lower import demand and rising exports of refined petroleum products.

“The gradual ramp up of the 650,000 barrel/day Dangote refinery since May 2023 has transformed Nigeria’s long dysfunctional downstream sector,” the report stated. “The country’s main refineries, all state owned, had been inoperative for years and Nigeria was almost entirely reliant on costly imported fuel.”

The research and analysis division of The Economist Group, London added that the refinery’s attainment of full operational capacity and its planned expansion would further support Nigeria’s economic growth and foreign exchange earnings over the medium term.

“Meanwhile, the attainment of full capacity at, and an increase in exports from, the Dangote refinery will support real GDP growth and foreign exchange earnings in 2026 and 2027 and beyond, as a planned doubling of the plant’s output comes on stream around the end of the decade,” it added.

Industry analysts said the refinery is increasingly positioning Nigeria as an emerging refining and export hub, altering energy trade flows across Africa and reducing the vulnerability associated with fuel import dependence.

The EIU noted that the refinery’s expansion has coincided with major reforms in Nigeria’s downstream sector, including the removal of fuel subsidies and the introduction of market driven pricing mechanisms.

The report, however, said the transition from a state dominated fuel import structure to large scale domestic refining has triggered resistance from interests linked to the old import regime.

The latest tensions emerged following the decision by the Nigerian Midstream and Downstream Petroleum Regulatory Authority to relax restrictions on petrol imports despite the refinery’s growing capacity to meet domestic demand.

Dangote Industries subsequently initiated legal action, arguing that continued import approvals undermine domestic refining investments and conflict with the objectives of the Petroleum Industry Act, which seeks to encourage local refining capacity and reduce import dependence.

Analysts noted that the availability of large-scale domestic refining capacity has improved Nigeria’s energy security and reduced exposure to external supply shocks and foreign exchange volatility.

The Centre for the Promotion of Private Enterprise also cautioned against unrestrained importation of petroleum products, warning that such a policy could weaken Nigeria’s industrialisation drive and discourage investments in domestic refining.

Chief Executive Officer of CPPE, Muda Yusuf, said continued dependence on imported fuel had historically contributed to pressure on foreign reserves, exchange rate instability and fiscal leakages.

The refinery’s growing impact is also being reflected in Nigeria’s broader macroeconomic indicators. Earlier this month, S&P Global Ratings cited increased domestic refining capacity and rising hydrocarbon exports among the major factors supporting Nigeria’s sovereign credit rating upgrade – the first in 14 years.

Beyond Nigeria, analysts said the refinery is increasingly being viewed as a strategic industrial asset for Africa, where many countries remain heavily dependent on imported fuel despite rising demand for transportation, manufacturing, and power generation.

 

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BREAKING: Court Dismisses $19.6 Million Claim Against NNPCL — Rules Contract Scope Cannot Be Changed Orally

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1 week ago

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May 25, 2026

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BREAKING: Court Dismisses $19.6 Million Claim Against NNPCL — Rules Contract Scope Cannot Be Changed Orally

 

In a landmark ruling on Friday, May 22, 2026, the Federal Capital Territory High Court in Abuja threw out a $19.6 million lawsuit filed by Alternate Dimensions Ventures Ltd against the Nigerian National Petroleum Company Limited (NNPCL), affirming a key legal principle: a written contract cannot be expanded through oral agreements or conduct.

Alternate Dimensions had sought $19,600,000 in professional fees, claiming the scope of its Direct Sale, Direct Purchase (DSDP e-pro) contract with NNPCL was orally expanded. Represented by counsel Patrick Peter, the firm argued it was entitled to the revised sum for services rendered under the alleged new terms.

But NNPCL, through its lawyer Ituah Imhanze of KENNA LP, pushed back sharply, arguing that parties are bound exclusively by the clear terms of their written agreement. Imhanze contended that without any written amendment, the claim was legally unsound, and the court agreed.

Delivering judgment, Justice Hamza Mu’azu upheld NNPCL’s defense, stating that the contract was unambiguous and that no evidence was adduced during the trial, which supported the alleged scope expansion. The court further found that NNPCL fully complied with all contractual terms and committed no breach.

Dismissing the suit as meritless, Justice Mu’azu reinforced the doctrine of sanctity of contract: any amendment to a written agreement must be express, unequivocal, and documented, not implied or verbal.

The ruling spares NNPCL from the S19.6 million claim and also a floodgate of similar potential liabilities.

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